Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Mooring Modifiers, K.K. Duvivier
Mooring Modifiers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Readers can be lost at sea if your writing is foggy about what words or ideas are connected to others. Effective writing requires that every modifier be clearly moored to exactly what it is intended to describe, rather than some other word or idea. Free-floating modifiers risk conveying meaning that is, at best, ambiguous or, at worst, downright contrary to the drafter's in- tent.
Further Saith Naught, K.K. Duvivier
Further Saith Naught, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Among professions, the law is one most bound by tradition. Not only does the law look back in time for substantive precedents, it also borrows heavily from the language of the past. Do words like "notwithstanding" and "herein" creep their way unnoticed into your legal documents? Do your affidavits contain an "ss" at the top and use alliterative wording such as "subscribed, sworn, and sealed"? These antiquated expressions are not used in standard Modem English, and before you entered law school, they probably were familiar only if you read Old or Middle English literature. To help determine which are expendable, …
Common Words With Uncommon Meanings, K.K. Duvivier
Common Words With Uncommon Meanings, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When President Clinton parsed words in his testimony, the response was contempt and disdain. The impeachment trial hinged on the assumption that Clinton's intent in interpreting common words with a narrow or special meaning was deceitful. We lawyers cannot speak to Clinton's intent, and we wince at the bad publicity he is giving to the profession. However, most of us would have to admit that Clinton's use of common words with special meanings is not only acceptable, but commonplace in the law
The Blackletter Law Of Form, K.K. Duvivier
The Blackletter Law Of Form, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Substance, rather than form, should be the first concern of any lawyer drafting a brief. However, just as writing style can have an impact on the image we project, so can the overall impression we make be significantly impacted by the format of our brief.