Smith on The “First-Year” Law Student” in Legal Rhetoric

Michael L. Smith, University of Oklahoma College of Law, is publishing The “First-Year Law Student” in Legal Rhetoric in volume 23 of Legal Communication & Rhetoric: JALWD (forthcoming 2026). Here is the abstract.

This article explores the surprising variety of roles the conceptual first-year law student plays in the rhetoric of legal actors. Judges, attorneys, scholars, and legal commentators love to dismiss disfavored notions by proclaiming that even a first-year law student would find them unconvincing. And, as it turns out, the first-year law student appears in other rhetorical contexts which I survey and categorize. After doing so I turn to the question of whether referring to first-year students’ knowledge in legal arguments is a wise rhetorical move and whether this tactic is demeaning to law students. I conclude that the benefits of these arguments are typically outweighed by their drawbacks and risks. Additionally, while referring to first-year students’ knowledge isn’t insulting in all cases, it’s easy to cross the line. The rhetorical advantages one may gain from referencing first-year students’ knowledge are almost always available through classier and less-clunky alternatives.

Download the article from SSRN at the link.