Library & Technology

DULL News — No. 125

September 15, 2006

Headline

Legal Writing: Sharpen Your Skills

From October 9th through the 13th, the Law School is giving students a break. Students will no doubt be happy to replace R&W with some R&R, although first-years should be spending at least some of that time hard at work on their memos. But that time won’t be wasted–honing your LARW skills will benefit you for the rest of your legal career. A good lawyer is, above all else, an effective communicator. Advocates must present their arguments clearly, concisely, and cleanly, or they might face the judge’s poison pen. Judicial opinions throughout history are littered with footnotes which chastise counsel for incomplete research, typographical errors, and muddled analysis. Judges often dismiss sloppy pleadings altogether, with comments like, “It is neither the court's nor the appellees' role to sift through a lengthy, conclusory and poorly written complaint to piece together the cause of action.” Arena Land & Inv. Co. v. Petty, 1995 U.S. App. LEXIS 31140 (10th Cir. 1995).

While undoubtedly embarrassed, that particular lawyer received a mere slap on the wrist compared to one recent high-profile example. In 2001, a federal judge in Texas reprimanded “two extremely likable lawyers, who have together delivered some of the most amateurish pleadings ever to cross the hallowed causeway into Galveston…Both attorneys have obviously entered into a secret pact–complete with hats, handshakes and cryptic words–to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed.” After several more paragraphs which dissected the paucity of each side’s pleadings, the irascible judge noted, “Take heed and be suitably awed, oh boys and girls–the Court was able to state the issue and its resolution in one paragraph . . . despite dozens of pages of gibberish from the parties to the contrary!” Bradshaw v. Unity Marine Corp., 147 F. Supp. 2d 668, 670-72 (S.D. Tex. 2001).

In our ongoing effort to prevent Duke Law students from achieving such unfortunate notoriety, the Law Library will be open from 8 a.m. to 5 p.m. during the October break. Reference librarians will be happy to assist with composing an effective case search, or help you decipher a Bluebook rule. In addition, this issue of D.U.L.L. News will focus on resources, both in the Library and online, that will keep your legal writing skills sharp.

Get to Know

Legal Writing Guidebooks

It’s not enough to “think like a lawyer”. You need to write like one too. Legal writing is a style unto itself, full of strange rules and arcane abbreviations. Fortunately, the Library has several books that should demystify the process. Try searching the Duke University Libraries Catalog with the subject keywords “Legal composition”. You’ll retrieve a list of titles like Pleasing the Court: Writing Ethical and Effective Briefs and Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review. You can find most of these books on the second floor of the Library in the KF250 call number area, but the most recent and/or most popular titles might be on reserve at the Circulation Desk.

Websites and Blogs

Writing Competitions

You’ve worked hard on your writing assignments (presumably), so don’t let them gather dust in a notebook. Every year, various associations sponsor writing contests for law students. Competitions exist for virtually every legal topic, and prizes can range from sheer bragging rights to cold, hard cash. Selected contest announcements are posted on the Law School’s second floor bulletin board, but scores more can be found online. Here are just a few of the Web sites which can point you in the right direction.

The Figures

Writing Competitions, By the Numbers

Research Tip

Online Court Documents: Implausibly Inspirational

Drafting a legal document can be overwhelming, especially the first time. You might find reassurance in comparing your writing style to documents that real practitioners have submitted. There are several online resources for locating court documents and sample oral arguments. Just be sure not to take “inspiration” too far! Ask your professor for his/her policy on viewing these materials, and to avoid the temptation of “borrowing”, look at these documents only after you have written a complete draft of your assignment. Also remember that not all examples are good examples–as the judge in Bradshaw so effectively pointed out.

Selected court documents for some cases are available on LexisNexis and Westlaw. When you are viewing a case, you will see links to any available court documents on the side or at the bottom of the screen. You can also conduct a Terms & Connectors or Natural Language search of databases which are filled with nothing but briefs and memoranda, by following these paths:

Finally, when the time comes to prepare your oral arguments, you might as well learn from the best. The U.S. Supreme Court has long provided oral argument transcripts on its Web site. These transcripts often were not posted until up to two weeks after the entire argument session. However, the Court recently announced that beginning with the October 2006 term, transcripts will be available on the same day that the argument is heard.

Library News

A Fond Farewell and a Fabulous F�te

The library will say goodbye to a cherished colleague and friend this month. Sarah F. Roberts, Business Manager for the Information Services department, will retire on October 31, after more than 37 years of exemplary service. Since joining Duke Law, Sarah has worked with eight Law School deans and three library directors. Post-retirement, Sarah is looking forward to spending more time with family and friends, especially her granddaughter. She also plans to travel, and to increase her involvement with church activities. Congratulations to Sarah; the Law Library will miss you dearly.

In other library news, we are busily preparing for our annual celebration of DLSIS, the Duke Law School Information Services team. DLSIS is comprised of the Law Library, the Educational Technologies department, and the Computing Services department. Each year, DLSIS stages an event which showcases our services and staff. Last year’s weeklong celebration featured the debut of our mascot, Mr. D.U.L.L., who stars in a series of online library tours. This year’s festivities have been condensed into a single day, so mark your calendar for Wednesday, October 18. An updated schedule of events will be posted to the Library’s Web site soon, although we’ll be keeping a few details to ourselves until showtime. Stay tuned.

Research Stumper

Question: How would you cite a complaint or an answer, according to Bluebook format? (Don’t worry about any local court rules to the contrary–you’ll do enough of that at your summer job!)

Answer will appear in next month’s issue.

Answer to last issue’s stumper: In the last issue, we asked: What is a ‘Presidential Signing Statement’ and where would you find one in an official U.S. government print publication? Where would you find it online?

Sometimes after signing a new bill, the President will make an official pronouncement about the expected effects of the law. These “Presidential signing statements” may include directions to Executive Branch officers for the enforcement of the new law–and occasionally, they may also indicate that the President disagrees with the validity or constitutionality of particular provisions. This, in turn, raises questions about the effect of such statements on the enforcement of the laws, and the use of signing statements as legislative history.

Although Presidents have issued signing statements since the 1800s, their use has multiplied in recent administrations. This summer, an American Bar Association task force criticized President George W. Bush’s use of signing statements; he has issued more challenges to legislation through the statements than any other President in history.

The official source for Presidential signing statements is called Public Papers of the Presidents. Recent statements can be found in the Weekly Compilation of Presidential Documents (which are eventually compiled into the Public Papers). Both of these series are available in print in the Law Library, as well as for free online at GPO Access, and through paid services such as Lexis and Westlaw. Presidential signing statements may also be found in the United States Code, Congressional & Administrative News (USCCAN), which is available in print at the Law Library and also online through Westlaw. Finally, the American Presidency Project, a political archive hosted by UC Santa Barbara, provides an unofficial collection of Presidential signing statements from 1929 to the present.

DULL Question of the Month

Question: What does the library staff do with submissions to its online suggestion box?

  1. Harvest the e-mail addresses for sale to marketers
  2. Print them out to line the parakeet cage in Technical Services
  3. Forward them to ten of our closest friends within seven days, because bad things will happen if we don’t
  4. Give them serious consideration, and implement them where appropriate

Answer: D. Yes, we really do consider each and every request submitted to our Library Suggestion Box—even the one about the scuba-diving koalas. (Unfortunately, they proved to be cost-prohibitive. But we agree that they would have looked cool.)

The Library is committed to making its services and facilities the absolute best that they can be. Thanks to the Library Suggestion Box, we have created a Quiet Study area, provided office supplies in the reading room, and revised future design plans to include your ideas. So if you have a suggestion for us, please fill out the form linked from the Library’s home page. Our Deputy Director, Melanie Dunshee, will respond within 48 hours. Visit the Library Suggestion Box page for previous suggestions and responses.

And just for the record, there is no parakeet cage in Technical Services…but perhaps someone should suggest it.

Comments to Jennifer L. Behrens.