Rules for good writing
Write mostly in the present tense
 Not
 Section three of the paper will
consider the insanity defense
 But
 Section three of the paper considers
the insanity defense
Write in the third person
 Not
 Next we will discuss the Fair Use
concept
 But
 Next the paper discusses the Fair Use
concept
Write in the active voice
 Not
 The Internet distribution was
defended on Fair Use grounds
 But
 The defendants defended their
Internet distribution on Fair Use
grounds
Use pronouns that match
antecedents
 Not
 Each person must prevent their
children from infringing copyright
 But
 Each person must prevent his
children from infringing copyright
 Or
 Everyone must prevent their children
from infringing copyright
Don’t let modifiers dangle
 Not
 Having passed the legislation, the courts
struggled to interpret it
 But
 Once the Congress passed the legislation,
the courts struggled to interpret it
 Or
 Having read the legislation passed by the
Congress, the courts struggled to interpret
it
Cite fully after first mention
 Not
 In Marbury v. Madison, the Supreme Court held that
review of the constitutionality of a statute is an
inherent judicial power.[1]
 But
 In Marbury v. Madison,[2] the Supreme Court held
that review of the constitutionality of a statute is an
inherent judicial power.[3]

[1] 1 Cranch (5 U.S.) 137, 177 (1803).
 [2] 1 Cranch (5 U.S.) 137, 177 (1803).
 [3] 1 Cranch (5 U.S.) at 177.
Supply a parenthetical for nearly
every pinpoint cite
 The case arose in controversy over a
sculpture.[1]

[1] 490 U.S. at 734-735 (describing
facts).
Give authority to support every
material proposition of fact and law
 Because the music labels were
engaged in such outrageous conduct
[CITE] the academic commentators
began to criticize their positions on
copyright law [CITE]
Give the author and title for web
sources





Not
EFF offers an explanation of “copyright trolls.”[1]
But
EFF offers an explanation of “copyright trolls.[2]
[1] http://www.eff.org/deeplinks/2010/09/fieldguide-copyright-trolls
 [2] Corynne McSherry, A Field Guide to Copyright
Trolls, http://www.eff.org/deeplinks/2010/09/fieldguide-copyright-trolls.
Cite primary sources
 Not
 A law review article discussing Fair
Use
 But
 17 U.S.C. § 107 itself
Write about the past in the past
tense
 Not
 George Washington gets ready, his
axe poised by the trunk of the cherry
tree
 But
 George Washington got ready, his axe
poised by the trunk of the cherry tree
The law is
 The court reviewed the facts and held
that battery is an intentional tort
Analyze the law, not the behavior
of course
 Not
 Courts take the elements of section
107 as a guide
 But
 The elements of section 107 are a
guide
Declarative topic sentences often
are helpful.
 The caselaw on file sharing has
settled down. At first defendants
hoped they could establish a Fair Use
defense. But then most courts
rejected it. Now, it’s clear that
making unlicensed materials for
download by millions of people is not
Fair Use.
No perfect organization exists
 Maybe the law should go first
 Maybe the factual setting should go
first
 That’s what cross references are for
 Don’t chase your tail over
organization
Concrete examples and contrasts,
especially you own, have great
explanatory power
 Fixation is a prerequisite for copy
right to exist. If I give a speech and
neither write it down nor record it,
there is no copyright because there is
no fixation. On the other hand, if I
give the same speech and prepared
an outline in advance, there is a
copyright, because fixation, in the
form of the outline, occurred.
Follow a standard structure for
introductions
 A. Grabber
 Chicagoans, long accustomed to watching Cubs
games from the roof of Cubby Bear, are now
being hauled off to jail by the dozens
 B. Statement of thesis
 Greed by the Cubs owners should not drive the
law of rooftop spectatorship
 C. Roadmap
 Section I of this paper provides background on
copyright and trespass law. Section II analyzes
the cases filed by the Cubs. Section III . . .
Conclusions are rarely necessary,
and they must no introduce any
new ideas
Be conscious of spatial v. temporal
conditions
 Not
 Where the prerequisites have been
met, contract performance is due
 But
 When the prerequisites have been
met, contract performance is due
Don’t start sentences or clauses
with however
 Not
 Grokster hoped it could get away with
it; however, the Supreme had other
ideas
 But
 Grokster hoped it could get away with
it; the Supreme Court, however, had
other ideas.
Don’t split infinitives




Not
He began to vigorously argue
But
He began to argue vigorously