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Full-Text Articles in Law
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.
Reviewing Writing Samples, K.K. Duvivier
Reviewing Writing Samples, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The ability to write well is a critical skill for attorneys, but few law practices have the resources to provide on-the-job help for struggling writers. Consequently, many law firms use writing samples as a way to screen applicants. Every year, the Office of Career Services at the University of Denver Sturm College of Law asks me to give a workshop from the applicant perspective. Although I cover a bit more in the workshop, overall my advice to students about writing samples is pretty straightforvard.
Technology And Nonhumans, Sarah Schindler
Technology And Nonhumans, Sarah Schindler
Sturm College of Law: Faculty Scholarship
This section provides a summary of the legal history and current status of transgenic animals, animal patents, and animal cloning, and examies many of the ethical and legal questions that these and related technologies raise.
Teaching As Art Form - Review Of The Elements Of Teaching, David I.C. Thomson
Teaching As Art Form - Review Of The Elements Of Teaching, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
The authors of this gem of a book—both retired college teachers who gave their professional lifetimes to teaching—write simply and passionately about what it takes to be an effective teacher, and manage to reduce the key aspects of a complex process down to nine primary elements. In so doing, they provide not only a road map of aspiration for the new teacher, but also signposts of inspiration for the experienced teacher.
The Fundamental Incoherence Of Title Vii: Making Sense Of Causation In Disparate Treatment Law, Martin J. Katz
The Fundamental Incoherence Of Title Vii: Making Sense Of Causation In Disparate Treatment Law, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Article proposes a new approach to both prohibition and compensation. On the prohibition side, it proposes penalties and incentives that are unrelated to compensation. This approach will make clear that discriminatory conduct is prohibited irrespective of its effect on plaintiffs and ensure that such conduct is adequately deterred. On the compensation side, this Article proposes a new causal standard: a “necessity-or-sufficiency” test, along with a comparative fault approach to determine what level of compensation is due. While these proposals may seem radical in the context of disparate treatment law, they are widely accepted in modern tort law—the field from …
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Reports of how the United States works to spread democracy around the globe bombard the American public almost daily. Ironically, as principles of democratic governance expand worldwide, the United States, once the vanguard for citizen participation in government, has fallen behind. Although the U.S. system of government has evolved - average citizens now vote directly for their national representatives - the United States still stands as one of only three major industrialized countries in the world that has failed to allow its citizens to vote in a national referendum. Referendum democracy varies from representative democracy by allowing the public a …
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.