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U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson
U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.
U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson
U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.
U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson
U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.
Legal Writing Triage: Self-Edit To Solve The Most Common Style Problems, Robert S. Anderson
Legal Writing Triage: Self-Edit To Solve The Most Common Style Problems, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This article addresses one of the most common style problems in legal writing: subject-verb issues that produce confusing or overlong sentences. It then prescribes a simple approach to curing the problem in quick, step-by-step fashion.
And Your Point Is? Write Directly, Robert S. Anderson
And Your Point Is? Write Directly, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This article suggests two strategies for making your writing more direct: (1) make the reader a promise to be direct in the introduction of your piece; and (2) keep that promise by organizing the material to match the preview provided in your introduction and adopting a style that does not waste words.
The House That Jack Built With Effective Transitions, K.K. Duvivier
The House That Jack Built With Effective Transitions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Constructing a paragraph is somewhat like constructing a house. Our sentences are like the boards that form the frame of our ideas. However, those boards may end up looking more like a pile of lumber than an actual building if we do not connect them in a logical way.
Review Of Lifting The Fog Of Legalese, David I.C. Thomson
Review Of Lifting The Fog Of Legalese, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Lifting the Fog collects the best of Kimble's regular columns from the Michigan Bar Journal on the subject of how lawyers should simplify their drafting language and eliminate unnecessary and costly "legalese." Not only do Kimble's columns get to see the light of day again, but as a compilation, they make an even more powerfiul and compelling case in favor of more plain language in legal writing. I highly recommend Lifting the Fog to all attorneysespecially those who find themselves using words like "wherefore" and "hereunto" in their drafting. Kimble persuasively argues that this sort of obfuscation (and worse) just …
Learn To Write “Like The Man On The Six O’Clock News”, K.K. Duvivier
Learn To Write “Like The Man On The Six O’Clock News”, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because your writing involves words, it might seem difficult to make your writing "transparent." However, speaking involves words too, and broadcasters employ several techniques to make their words transparent. Consequently, legal writers can look for guidance from the men and women "on the six o'clock news."
“Beholder” Reflections—Part Iii, K.K. Duvivier
“Beholder” Reflections—Part Iii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This is the final column in a series addressing reader expectations for objective legal writing. In the January 2006 Scrivener, I posted three samples of objective legal writing and asked readers to give me feedback through an online survey about which they preferreda nd why. The May and July columns provided analysis of reader responses to introductory and rule explanation paragraphs. This column reports on reader reactions as to what many lawyers would argue is the most important part of a legal analysis: application of the legal rule to a client's facts.
“Beholder” Reflections—Part Ii, K.K. Duvivier
“Beholder” Reflections—Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column is the second in a series analyzing feedback from readers about what they believe is good legal writing. In the January 2006 Scrivener, I provided a survey containing writing samples for three parts of an objective legal analysis. The survey questions asked readers to indicate which samples they preferred and why, and to comment on specific devices used in the samples.
“Beholder” Reflections—Part I, K.K. Duvivier
“Beholder” Reflections—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the January 2006 Scrivener, I sought advice from my readers: Is the perception of what constitutes good legal writing in the eye of the beholder? By measuring reader reflections of the samples I posted in a survey online, I am attempting to answer this question.
Eye Of The Beholder, K.K. Duvivier
Eye Of The Beholder, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Fortunately, some universals about legal audiences help make the task of defining good legal writing easier than defining good fiction writing. Legal writing must be utilitarian, so the emphasis should be on the message rather than on the writing itself. Consequently, to avoid distracting or turning off readers, my students must concentrate as much on what they should not write as on what they actually do write.
Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier
Bluebook No. 18—“Thank God For Competition….”, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The Eighteenth Edition of The Bluebook' is now available, and thanks to competition from the ALWD Citation Manual ("ALWD Manual"), this version is better than ever for practitioners. In the words of Gil Atkinson, '"thank God for competition. When our competitors upset our plans or outdo our designs, they open infinite possibilities of our own work to us."
Colorado Citations, K.K. Duvivier
Colorado Citations, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
More than ten years ago, I wrote a column addressing special citation forms used by Colorado courts. Readers have clamored for an update, so here it is. . .
Proofreading Tips, K.K. Duvivier
Proofreading Tips, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Typos get attention--negative attention--like a blemish on the tip of your nose on prom night. But there is a difference between our blemishes and our typos: while our blemishes may seem more prominent to us than to others, our eyes usually slip right past our own typos. This column presents some techniques for detecting and correcting these errors.
Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier
Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The May 2005 column addressing "which" and "that" evoked a flurry of comments about additional issues. This column responds to the reader questions that column spawned.
Going On A “Which” Hunt, K.K. Duvivier
Going On A “Which” Hunt, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
KK: Here's a question that/which I've wondered about for some time. What is the proper use of the words "that"and "which"? I understand their use in the context of "Which car is yours?"and "It's that red one."However which word is proper in my first sentence and how do I know when to use one or the other?
All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier
All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
I missed the memo that changed noun-verb agreement on nouns formerly defined as singular i.e. "staff," meaning more than one person, as in "the staff are." When did it change from "the staff is"? Who decided on this change, and why wasn't I notified? I'm making light of this issue, but I'm perplexed. PS. Grammar check didn't get the memo either District Judge Marilyn Leonard.
When Flyspecks Matter—Part Ii, K.K. Duvivier
When Flyspecks Matter—Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Most of my columns advise legal writers; this one also aims to change the perspective of a legal reader. The September 2004 column addressed some of the issues raised by a British best- seller on punctuation called Eats, Shoots & Leaves. The author, Lynne Truss, attempts to make a case for "sticklers" who "refuse to patronize any shop with checkouts for 'eight items or less'" or who have urges to "shin up ladders at dead of night with an apostrophe-shaped stencil and a tin of paint" to correct advertisements. To her, punctuation errors are "signs of ignorance and indifference."
When Flyspecks Matter—Part I, K.K. Duvivier
When Flyspecks Matter—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Thus, instead of reinforcing the author's premise, the panda story may illustrate the weakness of assertions that most punctuation significantly controls meaning.
The Reference Brief, K.K. Duvivier
The Reference Brief, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Judges read briefs looking for guidance from the parties about the correct law and the proper resolution of a case. Although it would be nice to assume that all of the briefs provide this guidance, many do not. Some briefs are unclear and contain obvious format and substantive errors. Consequently, in sifting through the submissions for a case, the judges and their clerks often learn more heavily on one party's brief over another as a starting point for their analysis.
Reputation, K.K. Duvivier
Reputation, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Whenever you send our a piece of paper or, nowadays, an email, your reputation flutters or flickers on the words you write. Perhaps you have an engaging presence or you are a crack litigator in the courtroom. Perhaps your tech department can help you use multimedia to make innovative presentations. Still, ninety percent of what lawyers do is writing. Be vigilant about what your writing is saying to others about you.
Verb-Based Writing, K.K. Duvivier
Verb-Based Writing, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
A colleague, who has devoted most of his career to legal writing, has developed an excellent solution. In a recent talk at the University of Denver College of Law, C. Edward Good, author and "writer in residence" at a law firm, delivered a one-hour talk teaching our students that the most efficient way to improve writing is by developing "verb-based style."
Vulcan Mind Melds And Picture Windows, K.K. Duvivier
Vulcan Mind Melds And Picture Windows, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because our words can both facilitate and block communication, they are much like glass in a windowpane. Just as a window helps us see outside, the words can help our readers see our analysis. But first, we must eliminate three main obstructions to the view : 1) mechanical erros, 2) complex wording, and 3) literary devices.
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses another recently released tool to help legal writers: Lawmanac. Lawmanac is not a book; it is software you load onto your computer hard drive to provide "click- able help for legal writers." Lawmanac includes seven types of "clickable help": (1) a 4,700-word legal dictionary; (2) a list of 2,800 abbreviations of legal sources, with website links; (3) tables for state and federal authorities, with website links; (4) advice on punctuation, capitalization, and typeface conventions; (5) a twenty-lesson course for learning and perfecting legal citation style and form; (6) lists of examples illustrating proper punctuation and form for …
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The word "plagiarism" comes from the Ltin word "plagiariius," meaning kidnapper, and has been defined as the "purloining of ideas or language from another source. Some law schools have strict tests: if students borrow a unique phrase of two or three words, a string of seven words or more, or a single idea, these students may be guilty of plagiarism.
White Space-The Sequel, K.K. Duvivier
White Space-The Sequel, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Just as an artist must be conscious of the "negative space" surrounding a form, a legal writer should be aware of the white areas on a page of prose, the space between and around the words.
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
After the last "Scrivener" article, I received several questions from readers about capitalization, so this entire column will address capitalization concerns.
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The last Scrivener' introduced readers to a new comprehensive reference tool for legal writers called The Redbook. This column and Part II, to be printed in the January 2003 issue of The Colorado Lawyer, will present The Redbook responses to reader questions.
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In a bold move this year, a new book on legal style has burst full-grown from its publishers with a title based on the color of its cover: The Redbook. Although there are other, more established "Red Books," the form of the new book's title suggests that The Redbook aspires to stand on par with The Bluebook in scope and stature.