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Full-Text Articles in Law

The Common Comma: Part Ii, K.K. Duvivier Nov 1995

The Common Comma: Part Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

This column shows how a comma, or the lack of one, can significantly change your meaning. It also addresses several comma issues raised by readers, but not fully resolved by my previous column on commas.


The Common Comma: Part I, K.K. Duvivier Sep 1995

The Common Comma: Part I, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The comma is the most frequently used punctuation mark. Unfortunately, the comma is also the most frequently misused mark.


The Period And Its Pals, K.K. Duvivier Jul 1995

The Period And Its Pals, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Judges are more likely to rule against you if they cannot understand your points and if your arguments do not seem well-reasoned. In contrast, punctuation errors may be irritating, but they will rarely, if ever, cause you to lose the case.


A Wise Passiveness, K.K. Duvivier May 1995

A Wise Passiveness, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

"[W]e can feed this mind of ours In a wise passiveness" "Expostulation & Reply" by William Wordsworth As a general rule, our writing can be more forceful and concise if we search for the passive voice and eliminate it. However, the avoid-the-passive rule sometimes is taken to extremes. This article addresses five ways to use the passive voice as a positive communication tool.


Problems With The Passive Voice, K.K. Duvivier Mar 1995

Problems With The Passive Voice, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Some of us recall when our grammar teachers admon- ished against using the passive voice. However, voice is a stylistic choice, not a rule of grammar. This column explains why the active voice generally is preferred. The next column will discuss when the passive voice may be the better choice (to be published in the May issue of The Colorado Lawyer). Once we understand the passive, we can make more informed decisions about its use.


America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway Jan 1995

America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This book takes the position that public schools can be saved if we can learn from history, discard ineffective methods and policies, and recognize the essential elements of quality education. Chapter 1 reviews reports that have portrayed a crisis in American public education. Chapter 2 examines disparities in public- and private-education costs. The third chapter examines education-reform movements, particularly the choice movement, and identifies the ingredients of effective education. The fourth chapter reviews the history of American public education, with a view to understanding today's school system. The legacy of racial discrimination is described in the fifth chapter. Chapter 6 …


By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier Jan 1995

By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

In this age of the sound byte, a simplified "yes-or-no" choice is an appealing solution to complex questions. Although computer logic is founded upon such yes-or-no binary choices, nothing can be achieved through a single yes-or-no alternate. Multiple choices must be made to achieve resolution. On a synthesizer, for example, producing a single note requires fifteen to twenty binary choices. The fabric of a complete song emerges only with a myriad of yes-or-no choices. Ballot initiatives provide voters with a simple yes-or-no choice to respond to issues that have myriad approaches.' To reflect the full tap- estry of majority preferences, …


Proper Words In Proper Places, K.K. Duvivier Jan 1995

Proper Words In Proper Places, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Most experts agree that written communication is achieved through a combination of word choice and word placement.' Although, word placement within a sentence has long been recognized as significant, word choice often is considered the predominant vehicle for communication. Some recent commentators, however, contend that reader expectations about word placement play a dominant role in communication. This column addresses how to enhance communication by placing words that you want to emphasize at the end of your sentences.