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The Problems, And Positives, Of Passives: Exploring Why Controlling Passive Voice And Nominalizations Is About More Than Preference And Style, Jacob M. Carpenter
The Problems, And Positives, Of Passives: Exploring Why Controlling Passive Voice And Nominalizations Is About More Than Preference And Style, Jacob M. Carpenter
Faculty Publications
As professional writers, attorneys should understand and have command of two of “the worst writing weaknesses”—passive voice and nominalizations. Studies show that compared to active voice, passive voice and nominalizations can make writing slower to read, harder to read, harder to comprehend, harder to remember, less concise, less familiar feeling, and less engaging. However, passive voice isn’t always bad. Expert writers can use passive voice to create cohesion, shift emphasis, imply objectivity, and make readers feel more distant and less emotional about an event. The problem is that attorneys commonly use passive voice indiscriminately, unknowingly, and excessively, amplifying its negative …
U.S. Foreign Relations Law From The Outside In, Ryan M. Scoville
U.S. Foreign Relations Law From The Outside In, Ryan M. Scoville
Faculty Publications
Arguments in the field of U.S. foreign relations law typically proceed from the inside out: legal actors focus on internal (domestic) sources of authority to reach conclusions with significant external (international) implications. The text and structure of the Constitution, case law, legislative intent, assessments of institutional competency, and historical practice thus dominate debates about treaty-making, war powers, diplomatic authorities, and related matters. This tendency reflects generic assumptions about the proper modalities of legal analysis and helps to ensure that the law reflects national values.
Yet inside-out arguments overlook a critical fact: the practical merits of U.S. foreign relations law often …