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Articles 1 - 8 of 8
Full-Text Articles in Law
Right Writing Or Rite Riting?, K.K. Duvivier
Right Writing Or Rite Riting?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
After more than two decades of deliberation, a government-sponsored commission, composed of linguists from the major German-speaking countries, recently issued a new standard German grammar called Die neue deutsche Rechtschreibung.
The Volley Of Canons, K.K. Duvivier
The Volley Of Canons, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The "canons of construction" are a set of formalized rules or maxims for interpreting words. These canons are especially relevant for two categories of legal writers. First, brief writers can use the canons to argue a particular interpretation of the words of a statute. The statute's words provide the best evidence of statutory intent, both under the "plain-meaning" rule and when legislative history is sparse. Second, attorneys who draft instruments should consider the impact of the canons when choosing specific language to insert in a contract,' lease, or other instrument.
Not Selected For Official Publication, K.K. Duvivier
Not Selected For Official Publication, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Hundreds of thousands of "unpublished opinions" are now available on electronic databases. Although these opinions have not been designated as officially published precedent, they still may have a significant impact on the outcome of your client's case. The dilemma is whether you can or should cite these unpublished cases in your brief.
Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika
Innovative Teaching Methods And Practical Uses Of Literature In Legal Education, Karin M. Mika
Law Faculty Articles and Essays
Because I believe a breadth of reading enhances one's ability to think and write, throughout the years I have tried to encourage extra curricular and diversified reading to be done in conjunction with my Legal Writing class. Unfortunately, yet understandably, law students generally only do the required work, but not more. As a consequence, I have discovered, over time, that the "readers" in my classes continue to read while the "non-readers" never take the opportunity to discover what advantage there might be in taking my advice. Because no change has occurred in students' overall attitudes, I decided to make life …
The Footnote=An Interruption, K.K. Duvivier
The Footnote=An Interruption, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The footnote is a familiar tool in legal scholarship. Some of the best law review articles, legal encyclopedias, and legal treatises devote half of each page to detailed, supporting footnotes. Footnotes make sense in this context. Readers of these sources have a dual objective: to glean a general framework for an argument and to find specific authorities to support each point. The Colorado Lawyer is such a research source. It lists authorities in endnotes so its readers may complete an article uninterrupted, but they also may find the more specific sources if they should need them.
Readers Speak Out, K.K. Duvivier
Readers Speak Out, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This month, I am turning the column over to letters from readers. If you have a question or comment to share, please feel free to write or e-mail me at the addresses in the box below. Don't worry I will ask your permission before using your name.
An Informal History Of How Law Schools Evaluate Students, With A Predictable Emphasis On Law School Exams, Steve Sheppard
An Informal History Of How Law Schools Evaluate Students, With A Predictable Emphasis On Law School Exams, Steve Sheppard
Steve Sheppard
This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts English influences on American law student evaluations, which have waned in the twentieth century with the advent of course-end examinations. Seventeenth- and eighteenth-century English examinations given to conclude a legal degree were relatively ceremonial exercises in which performance was often based on the demonstration of rote memory. As examination processes evolved, American law schools adopted essay evaluations from their English counterparts. Examinees in the nineteenth century were given a narrative, requiring the recognition of particularly appropriate legal doctrines, enunciation of the …
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt
Articles
Legal research and writing courses are unlike most substantive first year law school classes in that they teach using the problem method. The success of a legal writing course depends on the quality of the problems. The purpose of this article is to provide some guidance for legal writing professors in designing legal writing problems. The article addresses (1) general considerations in problem design, (2) designing expository problems, (3) designing persuasive problems, and (4) sources of problems. In the first section, we discuss problem design as it relates to the overall goals for teaching the basic forms of legal analysis, …