Legal Writing and Research Commons^™

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."

Legal Writing And Academic Support: Timing Is Everything, Dionne L. Koller

Faculty Scholarship

The conventional wisdom is that legal writing and academic support go hand-in-hand. Most law schools assume that struggling students can be reliably identified for academic support through their first-year legal writing course, and that first-year legal writing instructors can fairly easily and effectively provide this support. Indeed, this is the prevailing view in current academic support and legal writing scholarship. Professor Koller's article challenges the conventional wisdom and instead points out several issues that should be considered if a law school relies on the first-year legal writing course as a component of, or in lieu of, an academic support program. …

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

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

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.

Alwd Citation Manual: A Grammar Guide To The Language Of Legal Citation, Jennifer L. Cordle

University of Arkansas at Little Rock Law Review

No abstract provided.

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

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.

Damages As Narrative, Melody Richardson Daily

Faculty Publications

The traditional approach to legal instruction in America-the casebook method-requires students to read hundreds of appellate decisions, most of which include equally terse accounts of human suffering. How might this pedagogical approach affect future lawyers? Can reading a book like Damages help law students develop the ability to empathize with their clients?

Meaning What You Say, James Boyd White

Book Chapters

In this essay I talk about a wide range of themes in the hope of establishing a connection among them: writing (including the teaching of writing) and what is at stake, for the writer and the rest of the world, in doing it well or badly; certain forces in our culture-hard to define and understandthat tend to reduce or trivialize human experience, indeed the very value of the human being; the conception of the human being, not trivial at all, that underlies our practices of self-government in general and constitutional democracy in particular; and the idea of justice at work, …

Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman

Articles & Chapters

The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.

In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …

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 …

Many Birds, One Stone: Teaching The Law You Love, In Legal Writing Class, Susan P. Liemer

Journal of Legal Education

No abstract provided.

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.

How Judges, Practitioners, And Legal Writing Teachers Assess The Writing Skills Of New Law Graduates: A Comparative Study, Susan Hanley Kosse, David T. Butleritchie

Journal of Legal Education

No abstract provided.

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

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.

(Un)Examined Assumptions And (Un)Intended Messages: Teaching Students To Recognize Bias In Legal Analysis And Language , Lorraine Bannai, Anne Enquist

Seattle University Law Review

This article discusses how law school, specifically through legal writing courses, can address cultural bias and its effect on legal analysis and language. Part I addresses why the law school curriculum should aid students in recognizing expressions of bias in legal analysis and language. Part II discusses how bias typically appears in legal language, as well as how it may infect legal analysis and argument, and suggests ways of teaching students to recognize it in a legal writing course. Part III addresses challenges that may be faced in teaching the material, including suggestions for handling discussions of potentially sensitive subjects.

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh

Scholarly Works

No abstract provided.

Continuing Development: A Snapshot Of Legal Research And Writing Programs Through The Lens Of The 2002 Lwi And Alwd Survey, Kristin B. Gerdy

Faculty Scholarship

This article summarizes the findings of the 2002 survey and highlights significant changes and trends in the operation of legal research and writing programs across the country.

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

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.

The Inside Scoop: What Federal Judges Really Think About The Way Lawyers Write, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

A recent survey indicates that what troubles federal judges most is not what lawyers say but what they fail to say when writing briefs. Although lawyers do a good job articulating legal issues and citing controlling, relevant legal authority, they are not doing enough with the law itself. Only fifty-six percent of the judges surveyed said that lawyers “always” or “usually” make their client’s best arguments. Fifty-eight percent of the judges rated the quality of the legal analysis as just “good,” as opposed to “excellent” or “very good.” The problem seems to be that briefs lack rigorous analysis, and the …

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

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

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

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

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 …

Second-Class Citizens In The Pink Ghetto: Gender Bias In Legal Writing, Jo Anne Durako

Journal of Legal Education

No abstract provided.