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Full-Text Articles in Legal Writing and Research

Gender Neutral Ii, K.K. Duvivier Nov 1992

Gender Neutral Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Continuation of article above including discussions of personal pronouns, use of "they," and sex-neutral terms.


Gender Neutral, K.K. Duvivier Sep 1992

Gender Neutral, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Regardless of your preference, you should be aware that the use of "he" as a universal gender pronoun now is controversial, and your reader probably will follow only one of two very divergent ideologies. Therefore, fall back on a primary rule of persuasive writing: avoid any words or structures that alienate your rader or distract from your message.


Procrastination, K.K. Duvivier Jul 1992

Procrastination, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Panic has set in. The deadline for your brief or memo is now measured in hours rather than days. You think, “Maybe the adrenaline will make me more efficient, but if only I had started earlier!” If you often or occasionally find yourself in this predicament, here are three suggestions to help you avoid it in the future.


Be Plain, K.K. Duvivier May 1992

Be Plain, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

You are pondering which word to use in a brief. Which should you sue—“supra,” “aforementioned” or “above”? Be cautious of Latin and archaic English words. If you use them, your argument, as well as your reputation may be placed at risk.


White Space, K.K. Duvivier Mar 1992

White Space, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Assist your reader by providing white space for breaks. Consider the readers' response when confronted with a solid page of print. The same page will be less formidable when broken into three or four paragraphs. Logical break points can always be found, even if the whole page deals with just one idea or subject. Offer your readers "footholds. . .[t]o clamber over the trying cliff-face of prose." Facilitate communication by using shorter sentences and paragraphs.


Judges’ Pet Peeves Ii, K.K. Duvivier Jan 1992

Judges’ Pet Peeves Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The last Scrivener (November issue at page 2257) focused on a leading complaint that four Denver District Court judges identified when I polled them last summer. Recently, I have discussed legal writing problems with a few justices of the Colorado Supreme Court and judges of the Colorado Court of Appeals. This column focuses on some of the concerns voiced by these judges.