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Full-Text Articles in Law

An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman Nov 2001

An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman

Vanderbilt Law Review

Modernist legal writers, including Dennis Arrow in his well-known Pomobabble article, commonly criticize postmodern legal scholars for being muddle-headed nihilistic thinkers who write indecipherable jargon-filled nonsense and lack political convictions. Professor Feldman responds to these and other related criticisms and, in doing so, explains some key components of postmodernism. For instance, he describes how the pervasiveness of postmodern culture infuses legal scholarship with certain postmodern themes. Ironically, then, even the most vehement critics, like Arrow, display a surprising if unwitting affinity for postmodernism. Finally, in order to deflect precipitate denunciations of postmodernism, Professor Feldman suggests a refinement of terms, dividing …


Cross-References, As Stated Above, K.K. Duvivier Jul 2001

Cross-References, As Stated Above, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Often one argument in your brief may share common elements with another. Have you ever attempted to save space and time by simply referring your readers to another argument in a brief with "as stated above" or a similar cross-reference? This article provides tips for helping your readers follow such cross-references with ease.


Footnote Citations?, K.K. Duvivier May 2001

Footnote Citations?, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Let's face it-legal citations can interrupt the flow of sentences and make them harder to read. In comparison, the widely used Modem Language Association documentation style recommends short parenthetical citations in text that direct readers to a list of authorities at the end: for example, "(Gilli- gan 105)."Another format commonly used in history, art history, and other disciplines is that of the Chicago Manual of Style. The Chicago note style uses raised numerals in the text to refer readers to authorities in endnotes or footnotes. Although such a footnote style is predominant in law reviews, few have advocated it in …


Writing Help At Your Fingertips-Readability Scale, K.K. Duvivier Mar 2001

Writing Help At Your Fingertips-Readability Scale, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Writing well takes constant diligence. We all can use some help. But many of us may not be taking advantage of the tools that are available right at our fingertips. Most of us, especially those who are spelling-challenged, run our documents through spell check. Now, many word processing programs list readability statistics in addition to spelling and grammar advice. For example, in Microsoft Word, go to the 'Tools" category and click on "Spelling and Grammar." At the end of the spell check, Microsoft provides a chart labeled "Readability Statistics." Understanding these readability scales can help improve your writing.


Fiction 101: A Primer For Lawyers On How To Use Fiction Writing, Brian J. Foley, Ruth Anne Robbins Feb 2001

Fiction 101: A Primer For Lawyers On How To Use Fiction Writing, Brian J. Foley, Ruth Anne Robbins

Ruth Anne Robbins

This article talks about how to build a story in legal writing using fiction-writing concepts of character, conflict type and resolution.


Parallel Citations-Past And Present, K.K. Duvivier Jan 2001

Parallel Citations-Past And Present, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

By quiet decree, the fifteenth edition of the Bluebook changed all of this. The convention of using parallel citations was dropped in every instance except for "state court cases in documents submitted to courts of the state that originally decided them." Parallel citations were no longer required in legal memoranda or law reviews. Furthermore, the fifteenth edition required writers to use only the West version when a single source was listed. This new rule seemed to undermine the value of official citations that traditionally came before the unofficial West versions and suggested a preference for the official source issued by …