Publication Date

Fall 2016

Volume

13

Document Type

Article

Abstract

Given the rise of e-filing and of software that makes it easier than ever to create images and insert them into documents, the nearly lost art of sentence diagramming may be due for a revival in written legal advocacy. This article posits that while sentence diagrams can indeed, in a limited set of cases, add to the persuasive force of a statutory-interpretation argument, the diagrams themselves are less compelling than attorneys may believe them to be, and diagrams cannot elucidate all types of interpretive issues. Like an analogy, a sentence diagram can illustrate an argument aptly — or ineptly — and counsel’s ability to come up with an illustrative analogy or a diagram is no guarantee that the illustrated argument has merit. This article first explains the nature of sentence diagrams and then discusses their potential utility in briefs. It then describes two cases where the inclusion of diagrams in briefs was less useful, or even counterproductive. In closing, it offers some concrete advice to attorneys on the use of sentence diagrams in written legal advocacy.

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Except as otherwise expressly stated, authors of articles published in the Journal have granted permission for the articles to be reproduced and distributed, in whole or in part, by nonprofit institutions for educational purposes including distribution to students, provided that the copies are distributed at or below cost and identify the Author, the Journal, the volume, the number of the first page, and the year of the article’s publication.

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