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Articles 31 - 60 of 118
Full-Text Articles in Legal Writing and Research
Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier
Sorting Things Out—Which, That, Then, Than, When, Where, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The May 2005 column addressing "which" and "that" evoked a flurry of comments about additional issues. This column responds to the reader questions that column spawned.
Going On A “Which” Hunt, K.K. Duvivier
Going On A “Which” Hunt, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
KK: Here's a question that/which I've wondered about for some time. What is the proper use of the words "that"and "which"? I understand their use in the context of "Which car is yours?"and "It's that red one."However which word is proper in my first sentence and how do I know when to use one or the other?
All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier
All For One: Subject-Verb Agreement For Compounds And Collective Subjects, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
I missed the memo that changed noun-verb agreement on nouns formerly defined as singular i.e. "staff," meaning more than one person, as in "the staff are." When did it change from "the staff is"? Who decided on this change, and why wasn't I notified? I'm making light of this issue, but I'm perplexed. PS. Grammar check didn't get the memo either District Judge Marilyn Leonard.
Sometimes You Have To Be The Guide On The Side, David I.C. Thomson
Sometimes You Have To Be The Guide On The Side, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
A saying in the literature of collaborative learning scolds us teachers for being too fond of the sound of our own voices: “You need to be less of the ‘Sage on the Stage’ and more of the ‘Guide on the Side.’” The night of my “best class” this saying really hit home to me. I was the Guide on the Side, and the students took over the teaching– and the learning.
When Flyspecks Matter—Part Ii, K.K. Duvivier
When Flyspecks Matter—Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Most of my columns advise legal writers; this one also aims to change the perspective of a legal reader. The September 2004 column addressed some of the issues raised by a British best- seller on punctuation called Eats, Shoots & Leaves. The author, Lynne Truss, attempts to make a case for "sticklers" who "refuse to patronize any shop with checkouts for 'eight items or less'" or who have urges to "shin up ladders at dead of night with an apostrophe-shaped stencil and a tin of paint" to correct advertisements. To her, punctuation errors are "signs of ignorance and indifference."
When Flyspecks Matter—Part I, K.K. Duvivier
When Flyspecks Matter—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Thus, instead of reinforcing the author's premise, the panda story may illustrate the weakness of assertions that most punctuation significantly controls meaning.
The Reference Brief, K.K. Duvivier
The Reference Brief, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Judges read briefs looking for guidance from the parties about the correct law and the proper resolution of a case. Although it would be nice to assume that all of the briefs provide this guidance, many do not. Some briefs are unclear and contain obvious format and substantive errors. Consequently, in sifting through the submissions for a case, the judges and their clerks often learn more heavily on one party's brief over another as a starting point for their analysis.
Reputation, K.K. Duvivier
Reputation, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Whenever you send our a piece of paper or, nowadays, an email, your reputation flutters or flickers on the words you write. Perhaps you have an engaging presence or you are a crack litigator in the courtroom. Perhaps your tech department can help you use multimedia to make innovative presentations. Still, ninety percent of what lawyers do is writing. Be vigilant about what your writing is saying to others about you.
Verb-Based Writing, K.K. Duvivier
Verb-Based Writing, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
A colleague, who has devoted most of his career to legal writing, has developed an excellent solution. In a recent talk at the University of Denver College of Law, C. Edward Good, author and "writer in residence" at a law firm, delivered a one-hour talk teaching our students that the most efficient way to improve writing is by developing "verb-based style."
Vulcan Mind Melds And Picture Windows, K.K. Duvivier
Vulcan Mind Melds And Picture Windows, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because our words can both facilitate and block communication, they are much like glass in a windowpane. Just as a window helps us see outside, the words can help our readers see our analysis. But first, we must eliminate three main obstructions to the view : 1) mechanical erros, 2) complex wording, and 3) literary devices.
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In August 2003, Colorado took another huge stride toward the electornic age by announcing that it would become the first state to allow free online filing of civil cases for qualifying low-income people. The last "Scrivener" column addressed how the courts' shift to electronic formats may alter the way lawyers and judges read and write legal documents. This column addresses some of the practical aspects of preparing documents that some readers will view on paper and others will view only in electronic format.
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
With today's communication converting from paper to electronic format, we are living in an age of transformation as well. This shift will metamorphose the way lawyers and judges read--and write--legal documents.
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses another recently released tool to help legal writers: Lawmanac. Lawmanac is not a book; it is software you load onto your computer hard drive to provide "click- able help for legal writers." Lawmanac includes seven types of "clickable help": (1) a 4,700-word legal dictionary; (2) a list of 2,800 abbreviations of legal sources, with website links; (3) tables for state and federal authorities, with website links; (4) advice on punctuation, capitalization, and typeface conventions; (5) a twenty-lesson course for learning and perfecting legal citation style and form; (6) lists of examples illustrating proper punctuation and form for …
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The word "plagiarism" comes from the Ltin word "plagiariius," meaning kidnapper, and has been defined as the "purloining of ideas or language from another source. Some law schools have strict tests: if students borrow a unique phrase of two or three words, a string of seven words or more, or a single idea, these students may be guilty of plagiarism.
White Space-The Sequel, K.K. Duvivier
White Space-The Sequel, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Just as an artist must be conscious of the "negative space" surrounding a form, a legal writer should be aware of the white areas on a page of prose, the space between and around the words.
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Questions From Readers: Redbook Responses-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
After the last "Scrivener" article, I received several questions from readers about capitalization, so this entire column will address capitalization concerns.
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Questions From Readers: Redbook Responses-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The last Scrivener' introduced readers to a new comprehensive reference tool for legal writers called The Redbook. This column and Part II, to be printed in the January 2003 issue of The Colorado Lawyer, will present The Redbook responses to reader questions.
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
You Can Judge A Book By Its Cover: The Redbook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In a bold move this year, a new book on legal style has burst full-grown from its publishers with a title based on the color of its cover: The Redbook. Although there are other, more established "Red Books," the form of the new book's title suggests that The Redbook aspires to stand on par with The Bluebook in scope and stature.
Nit-Picking Or Significant Contract Choices?-Part Iii, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part Iii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the March "Scrivener," I quoted three examples of revisions proposed in a lease negotiation that were characterized by one reader as "nit-picking." In the June article, I summarized the general responses I received about nit-picking from a number of readers. Two of those readers were kind enough to give me very specific feedback about the three clauses listed in the March article. This article addresses each clause individually to provide help to other readers with their negotiations. Overall, these readers concluded that each of the proposed revisions listed raised legitimate concerns for their clients that were worth discussing with …
Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The March 2002 Scrivener asked readers for feedback about how to distinguish nit-picking from requests for significant word changes in an agreement. The majority of respondents believed that the examples provided in the March article raised legitimate concerns. The July 2002 Scrivener will address those specific revisions quoted in the March article. This June article focuses on readers' general comments about crafting agreements to avoid nit-picking.
Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier
Nit-Picking Or Significant Contract Choices?-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Because I practiced primarily as a transactional lawyer for the eight years before I started teaching, I can sympathize with both sides of this dilemma. In practice, I ran across two alternative approaches to elases or contracts: the short "gentlemen's agreement" and the comprehensive agreement.
The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier
The Aikido Technique For Rebutting Opposing Authority, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
A larger and stronger adversary lunges toward you, teeth bared, eyes blazing. Do you respond with equal fury, hoping in some way to match him? Or do you simply remain calm and centered, using your adversary's own energy to overpower him? The calm approach is the Aikido way, and this same approach can be an effective way of responding to negative authority in an opponent's brief.
Play It Again, Sam: Repetition-Part Ii, K.K. Duvivier
Play It Again, Sam: Repetition-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Repetition plays a key role in legal writing. The September "Scrivener" addressed using repetition to ensure accuracy, to build emphasis, and to connect ideas. This article focuses on using repetition to make readers comfortable with the writer's use of authorities and to alert them to key wording. In addition, the article explores balancing the use of repetition to avoid making readers bored or irritated.
Play It Again, Sam: Repetition-Part I, K.K. Duvivier
Play It Again, Sam: Repetition-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Repetition is part of learning. Advertising specialists do not expect their message to stick with consumers until the ad has aired at least three times. Yet, too much repetition can be both distracting and irritating. This column, and Part II, which will appear in the November 2001 issue, will address the role of repetition in legal writing.
Cross-References, As Stated Above, K.K. Duvivier
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
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
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.
Parallel Citations-Past And Present, K.K. Duvivier
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 …
A New Bluebook, K.K. Duvivier
A New Bluebook, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In late August 2000, the Seventeenth Edition of The Bluebook' hit the shelves of lawschool bookstores across the country. Only a few first-year students have an inkling of what this unassuming, spiral-bound paperback has in store for them. However, savvy second and third-year students know to check the Preface for changes from previous editions. The Preface to the Seventeenth Edition2 lists fifteen "noteworthy" changes from the Sixteenth Edition. Here are six that may have the most impact on practitioners.
String Citations-Part Ii, K.K. Duvivier
String Citations-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
However, string citations can be useful in some situations. For example, you may wish to use a string citation if you need to illustrate that there is a trend of authorities or that more than one case or jurisdiction supports the proposition you urge. String citations also are helpful when readers expect a comprehensive treatment of authorities.