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Articles 61 - 90 of 118
Full-Text Articles in Legal Writing and Research
String Citations-Part I, K.K. Duvivier
String Citations-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Whenever you list more than one authority to support the same legal proposition, you are using a "string citation." The name arises from the impression that the writer is "stringing" together several citations. In a string citation, each authority follows the next in a proscribed order: (1) by strength of authority (primary before secondary, enacted law before case law); (2) by jurisdiction (federal before state, alphabetically among states); (3) by rank of court (highest to lowest court); and (4) by date (reverse chronological with most recent first).' Semi-colons are placed between each authority.
Legal Citations For The Twenty-First Century, K.K. Duvivier
Legal Citations For The Twenty-First Century, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
True, a judge probably won't rule against you if your cites are wrong, but faulty cites do reflect poorly on you.' First, like good manners, proper citations illustrate both your knowledge of the rules of etiquette for legal writing and your precision in following those rules. If your citations are sloppy, some readers may presume that your research and reasoning were done in a similarly uninformed and careless fashion.
Pesky Citations, K.K. Duvivier
Pesky Citations, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Constant citation to legal authorities presents a unique problem for legal writers. Although these authorities are necessary to the analysis, integrating them can interrupt the flow of the writing, or more significantly, can obscure the meaning. Law reviews have chosen to use footnotes to address this problem. But footnotes create their own form of vertical interruption,' and many courts discourage their use in briefs. This article addresses some of the difficulties created by these pesky citations and suggests some solutions for incorporating them more smoothly.
Details, Details: Questions From Readers, K.K. Duvivier
Details, Details: Questions From Readers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Readers frequently send me questions about word usage. The Bluebook states that one should consult the US. Government Printing Office Style Manual (1984) or The Chicago Manual of Style (13th rev. ed. 1982) for questions on usage, but these sources do not always address the confusion writers encounter. One of my favorite sources for quick answers on these questions is a dictionary-style reference called Legal Writing: Getting It Right and Getting It Written.
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part Ii, K.K. Duvivier
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Neuro-linguistic programming describes a method of understanding how people subjectively process information through different preferred modes or representational systems.' Generally, neuro-linguistic programming classifies perceptions into three broad categories: (1) visual, (2) auditory, and (3) kinesthetic. The September Scrivener column addressed two precepts of neuro-linguistic programming in the context of legal writing. This article addresses two more.
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part I, K.K. Duvivier
Neuro-Linguistic Programming And Writing: A New Era Of Communication-Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
New methods of transmitting information now provide faster and more effective results. Similarly, neurolinguistic programming, a new approach from communication science, provides techniques for faster and more effective communication in your writing.
Mooring Modifiers, K.K. Duvivier
Mooring Modifiers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Readers can be lost at sea if your writing is foggy about what words or ideas are connected to others. Effective writing requires that every modifier be clearly moored to exactly what it is intended to describe, rather than some other word or idea. Free-floating modifiers risk conveying meaning that is, at best, ambiguous or, at worst, downright contrary to the drafter's in- tent.
Further Saith Naught, K.K. Duvivier
Further Saith Naught, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Among professions, the law is one most bound by tradition. Not only does the law look back in time for substantive precedents, it also borrows heavily from the language of the past. Do words like "notwithstanding" and "herein" creep their way unnoticed into your legal documents? Do your affidavits contain an "ss" at the top and use alliterative wording such as "subscribed, sworn, and sealed"? These antiquated expressions are not used in standard Modem English, and before you entered law school, they probably were familiar only if you read Old or Middle English literature. To help determine which are expendable, …
Common Words With Uncommon Meanings, K.K. Duvivier
Common Words With Uncommon Meanings, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When President Clinton parsed words in his testimony, the response was contempt and disdain. The impeachment trial hinged on the assumption that Clinton's intent in interpreting common words with a narrow or special meaning was deceitful. We lawyers cannot speak to Clinton's intent, and we wince at the bad publicity he is giving to the profession. However, most of us would have to admit that Clinton's use of common words with special meanings is not only acceptable, but commonplace in the law
The Blackletter Law Of Form, K.K. Duvivier
The Blackletter Law Of Form, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Substance, rather than form, should be the first concern of any lawyer drafting a brief. However, just as writing style can have an impact on the image we project, so can the overall impression we make be significantly impacted by the format of our brief.
Plain English Part Vi: Negatives Or The Power Of Positives, K.K. Duvivier
Plain English Part Vi: Negatives Or The Power Of Positives, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column is the last in a series' describing six"clear writing techniques" set out by the SEC in proposed rules to require that disclosures be written in Plain English. This last writing tip is to avoid "negative sentences and multiple negatives."
Plain English Part V: Go Aggro Over Argot, K.K. Duvivier
Plain English Part V: Go Aggro Over Argot, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The SEC has set out six "dear writing techniques" to require that disclosures be written in Plain English. Previous columns have addressed the first four techniques. This column addresses the fiflh: replacing jargon and legalese with short common words.
Plain English Part Iv: Keep It Straight, Tabulate, K.K. Duvivier
Plain English Part Iv: Keep It Straight, Tabulate, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses tabular presentation of complex material, which is the fourth of six "clear writing techniques" set out in the SEC's proposed rules to require that disclosures be written in Plain English.' The first three of these techniques were discussed in the January, March, and May 1998 Scrivener articles.
Plain English Part Iii: Choosing The Right Words, K.K. Duvivier
Plain English Part Iii: Choosing The Right Words, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In an effort to provide investors with full and fair disclosures in language they can understand, the SEC has proposed rules to require that disclosures be written in Plain English.' These rules outline six "clear writing techniques": (1) active voice; (2) short sentences; (3) definite, concrete, everyday language; (4) tabular presentations; (5) no jargon; and (6) no multiple negatives. The January and March 1998 Scrivener article addressed the first two techniques; this article addresses the third.
Plain English Part Ii: Shorter Sentences And Lighter Luggage, K.K. Duvivier
Plain English Part Ii: Shorter Sentences And Lighter Luggage, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
January's column addressed the first of six specific "clear writing techniques to communicate information" set out in the SEC's proposed rules for plain English-the active voice. This column addresses the SEC's second technique-shorter sentences.
Plain English Part I: Secrets For The Sec, K.K. Duvivier
Plain English Part I: Secrets For The Sec, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Studies have shown that traditional legal writing has four main characteristics: it is "wordy," "unclear," "pompous," and "dull." Furthermore, law books have been dubbed "the largest body of poorly written literature ever created by the human race." Although some lawyers intend to perpetuate this tradition, most have recognized the benefit of converting to "plain English."
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.
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.
Nothing So Destructive As Habit, K.K. Duvivier
Nothing So Destructive As Habit, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
As with physical exercise, inertia may prevent you from beginning. You complete your briefs, your clients pay the bills, and you win some of your cases. Doesn't this mean your writing is adequate? You already spend a lot of your time writing--why dedicate additional time to improve?
Professional Courtesy, K.K. Duvivier
Professional Courtesy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
If you have encountered in an opposing brief any personal attacks similar to those quoted, you've probably felt tempted to respond in kind. Resist the urge.
Pronoun References: Part Ii-A Case For Pronouns, K.K. Duvivier
Pronoun References: Part Ii-A Case For Pronouns, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Pronouns can be efficient writing tools: they save space and provide variation. Without them, we would repeat the original noun continually each time we referenced it.
Pronoun References: Part I-When No Substitute Will Do, K.K. Duvivier
Pronoun References: Part I-When No Substitute Will Do, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In our writing we know who is who and what is what, but we often fail to let our readers know. Readers follow easily if we give them specific information. A pronoun can be a good substitute for specific information, but to avoid confusion, a pronoun must clearly refer back to its antecedent-the word or words for which it substitutes.
Grammar And Style Check Programs: Machine V. Man, K.K. Duvivier
Grammar And Style Check Programs: Machine V. Man, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Garry Kasparov fought for all of us. A human being against Deep Blue, a computer that has thirty-two processors acting as thirty-two brains simultaneously to consider future chess moves. When the computer won the first game, it was an apocalypse for chess enthusiasts. Was an artificial brain actually superior? A similar question arises in writing: do computerized grammar and style checkers create superior writing?
The Dash-“A Hasty Stroke Of The Pen”, K.K. Duvivier
The Dash-“A Hasty Stroke Of The Pen”, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The dash is one of the most versatile punctuation marks. However, its very versatility makes it a mark to use with care. First, the dash should be distinguished from the hyphen. Al- though these two punctuation marks look similar, they differ both in form and function. In form, the dash is more elongated and does not appear as a separate symbol on most keyboards.
The Apostrophe: Reports Of Its Death Are Greatly Exaggerated, K.K. Duvivier
The Apostrophe: Reports Of Its Death Are Greatly Exaggerated, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The apostrophe is on its deathbed, if you believe Charles Larson, a professor of literature at American University. Larson argues that the apostrophe's murderers are those younger than thirty-five who persist in abusing this punctuation mark I agree with Larson that the apostrophe, as we now know it, seems endangered. However, I disagree with Larson's diagnosis of the cause.
The Common Comma: Part Ii, K.K. Duvivier
The Common Comma: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column shows how a comma, or the lack of one, can significantly change your meaning. It also addresses several comma issues raised by readers, but not fully resolved by my previous column on commas.
The Common Comma: Part I, K.K. Duvivier
The Common Comma: Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The comma is the most frequently used punctuation mark. Unfortunately, the comma is also the most frequently misused mark.