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Full-Text Articles in Legal Writing and Research
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.