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Abstract: This article examines George Orwell's theories about language and applies them to contemporary legal discourse in the United States. It concludes that Orwell's advice about the importance of clear, plain English comports with today's accepted legal writing style. However, his warnings about deceptive language in legal and political discourse have not been well heeded. The article suggests that lawyers can assume a role in changing that.
George Orwell, Orwellian, language, plain English, legal writing, concise, succinct, prolix, gobbledygook, Newspeak, 1984, Oceania, Winston Smith, politics, clichés, trite, passive voice, active voice, jargon, legalese, foreign words, euphemisms, evasion
Abstract: This article analyzes courts' reactions to unprofessionalism in lawyers' writing. The lawyers' errors included poor research, misstatements about the law, misrepresentation of facts, poor analysis, plagiarism, and lack of civility. Consequences for the lawyers ranged from reproaches to fines and even disbarment. For an update to this article, see Pleasing the Court: Writing Ethical and Effective Briefs (Carolina Academic Press 2005).
Lawyer, attorney, court, errors, unprofessionalism, legal writing, brief, research, misrepresentation, facts, organization, wordiness, analysis, verbosity, legalese, gobbledygook, clarity, bar, discipline, suspension, Rule 11, sanctions, judges, civility, plagiarism
Abstract: Grounded in framing theory and the analyses of judges and commentators, this article examines issue statements in a sample of recent briefs from six states. The data cover various aspects of issue statements, including sentence structure, length, and the most common beginning words. Issue statements from recent briefs provide examples throughout the discussion. The article concludes with recommendations for framing effective issue statements.
issue statement, brief, question presented
Abstract: This article offers tips for adding punch to legal writing. Among the suggestions are to prefer strong verbs, avoid nominalizations, be direct, and vary sentence beginnings and lengths. Examples illustrate how to use the tips.
legal writing, punch, strong verbs, nominalizations, concrete, specific, direct, strings of prepositional phrases, long sentences, vary sentence beginnings
Abstract: Legal writers may have internalized false rules about writing. For example, they may believe the myths that a sentence cannot begin with a conjunction, that it is incorrect to split a compound verb or an infinitive, that a word should not be repeated in the same sentence or paragraph, and that one-sentence paragraphs are always incorrect. Writers should dismiss these hobgoblins when they are obstacles to writing clear, idiomatic English.
legal writing, split infinitive, split verb parts, sentence, conjunction, because, repeat word, one-sentence paragraph, there are, it is, myth, rule, hobgoblin, English, syntax, grammar, idiomatic
Abstract: Lawyers may believe they know what constitutes plagiarism in student papers, but the rules about plagiarism in the practice of law are less clear. Forms from form books and law firm files are meant to be copied, so there is no issue of copyright violation. Still, the lawyer who uses such a form must tailor it to the needs of the specific case. And lawyers have been disciplined for filing documents containing language they copied from treatises without attribution. This problem was exacerbated in one case where the lawyer asked for fees for preparing material he had not written. Professionalism means that documents filed with a court must analyze the facts and issues in the pending case, and any material from published sources must be properly attributed.
Plagiarism, legal writing, lawyer, attorney, copy, document, brief, filed, court, form book, form file, analysis, client, professionalism, Lane, Iowa
Abstract: This article discusses recent research about student evaluations of professors (sometimes called student ratings.) Recent studies identify factors that bias the ratings, including the effect of the students' expected grades. Studies also identify negative effects of the ratings, including a lessening of course rigor. The results of the author's study about student ratings are also discussed. Survey respondents were teachers of legal writing in U.S. law schools. Asked whether they had ever refrained from doing something they thought pedagogically sound because it might negatively affect their student ratings, 25% responded yes. Thirty-one percent believed student ratings contribute to a lessening of rigor in law school classes. The article concludes that some universities place undue weight on student ratings in light of their biases and negative effects. It recommends that teaching be evaluated holistically through such means as peer classroom visits and teaching portfolios.
Student ratings, evaluations, teaching legal writing, instructors, professors, faculty, teaching, university, college, personnel, law school, survey, bias, grades, negative effects, consumer, grade inflation, rigor, peer evaluation, teaching portfolio
Abstract: Through empirical research, this article examines whether judges on the United States courts of appeals are framing their opinions in gender-neutral language. Drawing on multidisciplinary sources, including the work of language scholars, psychologists, framing theorists, and legal professionals, the article explains why gender-neutral language is important and discusses ways of constructing it. The article then presents the results of a study of recent court opinions, compares data from the years 1965 and 2006, and discusses implications of the data. It concludes that courts have made significant progress toward gender neutrality, but it also identifies a need for further improvement, which can be accomplished through shifting both mental and verbal frames toward greater inclusiveness.
women, men, male, female, judges, language, gender-neutral, inclusive, sexist, gender-biased, gender-inclusive, framing theory, empirical, feminist
Abstract: This article analyzes current jurisprudence covering the relationship of church and state in the United States and England. The co-authors present background about the history of religious establishment and church-state jurisprudence in the two countries. They then discuss the effects of each country's recent cases on the subject. From the U.S., they discuss the Supreme Court's 2005 decisions in McCreary County v. ACLU of Kentucky and Van Orden v. Perry. Those cases, brought under the Establishment Clause of the First Amendment to the United States Constitution, concerned Ten Commandments displays on government property in Kentucky and Texas. The authors also discuss recent U.K. cases, including the Denbigh High School case, which involved Muslim dress in school. The authors conclude that the two countries are moving closer to each other on the continuum between establishment and disestablishment of religion.
Church, state, religion, government, United States, England, United Kingdom, U.K., Britain, establishment, disestablishment, McCreary County, Van Orden, Establishment Clause, First Amendment, Constitution, Ten Commandments, Kentucky, Texas, Muslim dress, Denbigh High School, Islam, school
Abstract: This article reports a study about student ratings of professors (sometimes called "student evaluations of teaching"). Survey respondents were teachers of legal writing in U.S. law schools. Their advice about improving teaching included being prepared for class, respecting the students, and caring about the students. Advice tailored specifically to the student ratings included being "upbeat," not giving grades before the students complete the evaluation forms, and laying groundwork before presenting unpopular topics. The article also includes references to biases and negative effects of student ratings.
Student ratings, student evaluations, law school, bias, negative effects, teaching, professor, instructor, law student, legal writing, grades, preparation for class, respect students, unpopular topics
Abstract: This article defines the term 'cliché' and provides examples from both common usage and legal writing. It then cites reported opinions in which judges have disapproved of lawyers’ trite phrasing. The article concludes by advising legal writers to replace clichés with strong, direct language.
Cliche, trite, legal writing, judge, lawyer, opinion, strong language, direct language
Abstract: This article discusses regulation of pornography. It notes that pornography causes certain harms to women, men, and children, but it nevertheless concludes that the current amount of regulation is about right. More regulation would likely result in some important information being withheld from the public. This could have the unintended effect of harming women, who would have less access to needed information about, for example, certain women's health issues. Instead of passing more laws, we should encourage individuals concerned about pornography to effect change by publicizing their opinions.
Pornography, women, violence, harm, men, free speech, First Amendment, children, parents, Ashcroft v. ACLU
Abstract: This short essay describes how to use attorneys to enrich legal writing classes. The lawyers played the role of senior partner in their respective law firms. The students played the role of "junior associate" and consulted with the "senior partner" about the case they are working on.
legal writing
Abstract: This short bar article introduces readers to the ALWD Manual. The article identifies key differences between the Bluebook and the ALWD citation manuals. The authors suggest the ALWD manual is a more user-friendly citation tool for students, the bench and the bar.
citation, bluebook, ALWD
Abstract: This article reports a study of student ratings (sometimes called "student evaluations") of professors in law school legal writing courses. A review of the literature discusses factors that bias the student ratings and the ratings' unintended effects, including effects on grade inflation and course rigor. Among the survey's reported findings are that student ratings negatively affected rigor in the classrooms of 25% of the respondents and that 31% of the respondents believed the ratings contribute to a lessening of course rigor in law schools. The article concludes that undue weight is placed on student ratings in light of their biases and negative effects. It recommends that teaching be holistically evaluated through such means as peer classroom visits and teaching portfolios.
Student ratings, evaluations, legal writing, instructors, professors, faculty, administrator, teaching, university, personnel, law school, survey, bias, grades, critique, personality, negative effects, consumer, grade inflation, rigor, peer evaluation, portfolio
Abstract: Based on an analysis of the Irvine fertility scandal and other fertility cases, this article recommends that a conversion claim should be available to those whose genetic material has been misappropriated in fertility treatment. The proposed remedy would be based on classifying human embryos as neither persons nor property but as quasi-property.
Conversion, human reproduction, eggs, semen, embryo, zygote, gamete, ovum, pre-embryo, sperm, cells, fertility clinic, infertility, Irvine fertility scandal, quasi-property, property, cells, relational, conversion, IVF, in vitro, fertilization, Moore v. Regents of the University of California
Abstract: This article discusses whether termination of an older worker in order to hire a younger worker for less money should be construed as a violation of the Age Discrimination in Employment Act (ADEA). Drawing on scholarship from the fields of business, psychology, sociology, and the law, the article concludes that allowing salary-based terminations is bad public policy. In additional to harming the terminated workers, such terminations also affect the remaining employees' morale and send younger workers the message that if they work hard and achieve high salaries, they will become prime targets for termination. The article also critiques the current corporate climate of excessive reliance on the bottom line and excessively high executive salaries.
Termination, older worker, salary, Age Discrimination in Employment Act, ADEA, sociology, psychology, public policy, morale, Wirtz Report, human capital, downsize, Hazen Paper Co. v. Biggins, Marks v. Loral, disparate impact, proxy theory, proxy doctrine, reasonable factor other than age
Abstract: This article reports a study of first-year students at Chapman University School of Law in the spring of 1996. A survey investigated how minority and all women students fared at a new law school with a student-supportive environment and a faculty that was more diverse than average. Student respondents reported that some women and minority students felt less competent in law school than before, but the percentage of such students was lower than the percentages in comparison studies. Some student respondents (although a lower percentage than in comparison studies) thought women and minority professors had a higher burden of proving competence than did white male professors. The students also reported a positive effect from having diverse role models on the faculty. The article concludes that minority and all women students were faring better in self-esteem and classroom involvement at Chapman than respondents in comparison studies. Two of the article's tables were misprinted and a large comparison table was erroneously omitted from the print version of the article. Please contact the author if you would like to see the correct tables.
Law school, women, men, student, female, male, self-esteem, competent, female faculty, women professors, male faculty, professors, questions, participate in class, study, survey, minorities, law school, supportive
Abstract: This article discusses fraudulent consent to sexual intercourse as a defense to paying child support. In two separate cases, men had intercourse with women they were not married to. The women bore babies as a result and then sought child support payments from the fathers. The men said that the women had fraudulently obtained consent to intercourse by falsely representing that they were using birth control. Therefore, the men argued, the women were liable for "conversion" of their semen, and the men should be excused from paying child support. The article concludes that, even if the men have viable claims for conversion, public policy prevents a waiver of child support payments as damages.
Conversion, human reproduction, eggs, semen, embryo, zygote, gamete, ovum, preembryo, genetic, sperm, fertility clinic, child support, birth control, consent, quasi-property, property, cells, conversion, IVF, in vitro, fertilization, Moore v. Regents of the University of California
Abstract: This book examines professionalism in legal writing by analyzing more than two hundred examples of judges' reactions to lawyers' errors. Serious ethical breaches are examined, including misrepresentions of the law or the facts, plagiarism, and lack of civility. Wordiness, lack of clarity, and grammatical and citation errors are also covered. The erring attorneys incurred consequences ranging from disbarment to strong verbal rebukes. The book promotes high standards in brief writing. It also demonstrates that the U.S. legal system includes restraints on incompetent lawyering and the filing of frivolous lawsuits.
Lawyer, attorney, court, errors, unprofessionalism, legal writing, brief, research, misrepresentation, organization, clarity, wordiness, verbosity, legalese, court rules, grammar, spelling, punctuation, citation, civility, plagiarism, bar discipline, suspension, Rule 11, sanctions, judges
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