A Bibliography Of Faculty Scholarship, 2018 The Catholic University of America, Columbus School of Law
A Bibliography Of Faculty Scholarship, Law Library
Scholarly Articles and Other Contributions
The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...
To Verb Or Not To Verb, 2018 Concordia University School of Law
To Verb Or Not To Verb, Jason G. Dykstra
The metamorphosis of nouns into verbs, commonly called verbing or verbification, reflects a time-honored tradition in the English language of coining new uses from familiar words. Linguists use the term "functional shifting" to describe the conversion of nouns into verbs and vice versa. Verbing is common. By one estimate, about twenty percent of all verbs in English derive from nouns. Almost any noun can be verbed. Some verbed nouns are easy to identify because they don't change form when they become verbs: stump, mouse and torpedo. But, the transformation of other nouns into verbs requires the addition of an ...
Govern Yourself Accordingly: Crafting Effective Demand Letters, 2018 Concordia University School of Law
Govern Yourself Accordingly: Crafting Effective Demand Letters, Jason G. Dykstra
An effective demand letter can expediently resolve a dispute without litigation. But a poorly conceived demand letter can accelerate a dispute toward litigation and even generate negative publicity. Like all correspondence, demand letters need to be tailored in tone and content for varied audience, both the intended recipient and other foreseeable recipients.
Beyond the intended recipient, the audience for a demand letter could encompass insurance adjusters, in-house counsel, and perhaps even the public via social media or press coverage. Therefore, an effective demand letter should not only be polite but firm, but also tell a persuasive story that evokes incredulity ...
Enhancing The Effectiveness Of Your Legal Writing With Plain English, 2018 Concordia University School of Law
Enhancing The Effectiveness Of Your Legal Writing With Plain English, Jason G. Dykstra
This article focuses on areas where busy practitioners can aspire for plain English and not only improve their writing but possibly avoid a few pitfalls. As Justice Brandeis once remarked[, "T]here is no such thing as good writing. There is only good rewriting" So here are three areas to focus on as you rewrite: minimizing initialisms, acronyms, and defined terms; losing legal jargon and cutting clutter; and balancing legal terms and precision. [excerpt]
Good Old-Fashioned Editing, 2018 Concordia University School of Law
Good Old-Fashioned Editing, Jason G. Dykstra
While not perfect, the spelling and grammar review features of word processing software can prove good editing tools. Similarly, find and replace features can help ferret out any lurking malapropisms. These searches can avert the potential embarrassment of quoting a "statue" in the Idaho Code in a brief filed in "Canon County' However, electronic editing does not supplant the good old-fashioned printing-a-fresh-draft- and-reading-keenly style of editing. This article focuses on a few tips to optimize the effectiveness of editing text in print. [excerpt]
Bridging The Gap: Transistioning Law School Legal Writing Skills To Practicing Law, 2018 Concordia University School of Law
Bridging The Gap: Transistioning Law School Legal Writing Skills To Practicing Law, Jason G. Dykstra
Stylistically ... law school legal writing differs somewhat from writing in practice. ...This article ... is designed to help transition the legal writing skills honed in law school to the practice of Law. [excerpt]
Keeping Pace With Technology-Driven Profession, 2018 Concordia University School of Law
Keeping Pace With Technology-Driven Profession, Jodi Nafzger
With the increasing use of E-discovery and paperless judicial systems, members of the legal profession must consider new methods for managing the overwhelming volume of information and be competent with the emerging technologies at the center of modern law practice. It is also increasingly clear that law schools must teach the technology of law practice. The ABA Model Rules of Professional Conduct call for law school curriculum which familiarizes aspiring lawyers with important technology tools. With practical skills training in the use of effective technology tools, the next generation of lawyers can bring an enhanced mastery of business and technology ...
Index To Tenielle Fordyce-Ruff's Advocate Articles, 2018 Concordia University School of Law
Index To Tenielle Fordyce-Ruff's Advocate Articles, Tenielle Fordyce-Ruff
This document functions as an index to help readers to navigate Professor Fordyce-Ruff's Advocate column articles better.
National Association Of Manufacturers V. Department Of Defense, 2018 Alexander Blewett III School of Law at the University of Montana
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land and Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...
Hand Annotation And Reliability: Corpus Linguistic Approaches To Teaching And Studying Writing, 2018 Texas A&M University School of Law
Hand Annotation And Reliability: Corpus Linguistic Approaches To Teaching And Studying Writing, Brian Larson
A Matter Of Interpretation: Federal Courts And The Law, 2018 University of Maine School of Law
A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest
Maine Law Review
Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated ...
Six Steps To Correct Commas: Achieving Punctuation Peace Of Mind, 2018 Concordia University School of Law
Six Steps To Correct Commas: Achieving Punctuation Peace Of Mind, Tenielle Fordyce-Ruff
I set out to create a way to prevent my students from cringing when I informed them that they would have to comb over each sentence in their assignments to ensure they had used commas correctly.... The result was six simple steps to correct commas. These steps ensure that your meaning will be clear to the readers the first time they read a sentence and that your sentence will have the commas your educated readers expect. Work through all six simple steps and your readers will be impressed by your mastery of commas, even if you missed the comma class ...
Problems With Pronouns Part Iii: Gender-Linked Pronouns, 2018 Concordia University School of Law
Problems With Pronouns Part Iii: Gender-Linked Pronouns, Tenielle Fordyce-Ruff
Recently, a student stopped me in the hall to ask about what to do because English doesn’t have a gender-neutral singular pronoun to refer to people. That reminded me that I hadn’t yet covered all of the pesky pronoun problems in this column. So this month we will continue to discuss problems with pronouns, looking at gender-linked pronouns. [excerpt]
Writing For E-Readers: Tips And Tricks To Craft Effective Briefs, 2018 Concordia University School of Law
Writing For E-Readers: Tips And Tricks To Craft Effective Briefs, Tenielle Fordyce-Ruff
With the second wave of counties in Idaho ready for e-filing, it seemed like a good time to talk about the difference in document design for e-readers versus paper- readers. Put simply, people have different expectations and read differently when they read on a screen...[excerpt]
Pronoun Problems Part I, 2018 Concordia University School of Law
Pronoun Problems Part I, Tenielle Fordyce-Ruff
Pronouns replace nouns, and the nouns they replace are called antecedents. Readers must be able to logically connect antecedents to their pronoun. And, pronouns need to agree with their antecedent in number, gender, and person. Most legal writers don’t have problems making pronouns agree with their antecedents in gender. Number and person can be a little trickier. If your sentence is confusing, there may be a problem with the antecedent and there may be a problem with the pronoun – so I’ll talk about each. [excerpt]
Time Savings: E-Editing Tricks And Tips, 2018 Concordia University School of Law
Time Savings: E-Editing Tricks And Tips, Tenielle Fordyce-Ruff
My students have tired of paper editing tricks like reading backwards (so you can concentrate on the words instead of the flow) or out loud. This time, I’m going to work with them on e-editing. I thought many of The Advocate’s readers might also enjoy these tips. So here goes. This month, we will cover ways to prevent mistakes, ways to fix mistakes, and why e-edit isn’t a cure-all. [excerpt]
Words On The Page: Font Matters, 2018 Concordia University School of Law
Words On The Page: Font Matters, Tenielle Fordyce-Ruff
Typography, interestingly, is a bit of a hot issue amongst legal writers right now. Turns out, the way words look on a page affects not only the readability of the document: the believability of the content can change based on font. This month we will explore how the ways that words look on a page can help (or hurt) your argument by looking at fonts. [excerpt]
The Other Four-Letter Words, 2018 Concordia University School of Law
The Other Four-Letter Words, Tenielle Fordyce-Ruff
Some struggles in writing come from pesky four-letter words. Not the kind that result from muddy dog prints on the wood floors — the kind that result from not being quite sure of the correct way to use certain words in our writing. So, to celebrate the shortest month of the year, I thought we could learn about some short, four-letter words that tend to give us fits: that, they, whom, data, and none. [excerpt]
Using Quotation Marks Correctly, 2018 Concordia University School of Law
Using Quotation Marks Correctly, Tenielle Fordyce-Ruff
Our use of quotation marks should be consistent and take into account reader expectations. We write for American readers, educated in the American style, so we should follow the American rules when using quotation marks. With that in mind, I offer the following tips for correctly using quotation marks in your writing. [excerpt]
Three Tips For Concise Writing, 2018 Concordia University School of Law
Three Tips For Concise Writing, Tenielle Fordyce-Ruff
I'm just wrapping up the first unit of my legal writing class. During this time every year, I introduce my students to the 4 C's-four characteristics that should be present in every legal document.' Yes, every legal document should be clear, correct, complete, and concise. In our class, we emphasize these principles repeatedly. All legal writers should strive to attain the 4 C's. To that end, this month I offer some tips for concision. After all, I don't know anyone who isn't a little too wordy in the first draft. Let's look at three ...