From a valued alumnus who's out there working to make the world a better place ...
Me thinking of @RJPeltzSteele during Torts on the first day of classes. pic.twitter.com/Vx5NPIKESw
— @voteunion©️2023 | #1u (@voteunion) August 31, 2023
From a valued alumnus who's out there working to make the world a better place ...
Me thinking of @RJPeltzSteele during Torts on the first day of classes. pic.twitter.com/Vx5NPIKESw
— @voteunion©️2023 | #1u (@voteunion) August 31, 2023
Deteriorating grammar and style conventions signal the crumbling of western civilization.
I'm a grammar-and-style curmudgeon, so take my declaration with a grain of salt. Still, I feel pretty confident about it.
When I was in journalism school, in what was then still called the "print" program, I and my cohort were allowed to make one technical mistake in a story without penalty.
A freebie. One. Of whatever kind: spelling, grammar, style. After that, the grade plummeted precipitously. I tested the system with carelessness just once, and it was damage enough to deprive me of an A for the semester.
Nowadays I find I have to give student papers separate reads for technical and substance. There are so many technical problems in the average draft that I can't focus on the substance at the same time. I give separate grades for tech and substance, too, before I combine them in a formula weighted in favor of substance.
In fairness, most of my students did not go to journalism school. As American legal education is open to all majors, some students have not written since grade school. Our ranks include accounting majors who took only math-oriented tests in non-liberal arts bachelor's programs. (How is that even a thing?) Where they are on tech is not their fault, but a failure of American K16 education. My foreign students who speak English as a second language usually exhibit better tech skills than the average American 1L—notwithstanding telltale struggle with the confounding rules of definite and indefinite articles.
I'm proud of my daughter, who went to a public school that, exceptionally, emphasized writing. We chose where we live for the school. She didn't love the heavy writing emphasis at the time, and fair enough. But when she went to arts school for university, she was shocked by how poorly prepared her peers were in writing, including those who wished to build careers writing creatively for TV and film. Her skill in writing set her apart, as it continues to in the workforce.
Many students who struggle initially, to their credit, embrace my feedback, readily extrapolate appropriate rules, and greatly improve their writing. Some students masochistically seek out my writing tutelage because they know they've been cheated in their education and want to improve. Of course, a few resent and resist the feedback. The quality of legal writing in the everyday practice of law suggests that they're not wrong about where the norm falls.
Just spend a few hours in the briefs at any courthouse, and you'll see what I mean. When I started teaching legal writing in 1998, I went to the courthouse in Little Rock, Arkansas, to compile some model practice documents for my students' reference. I found almost nothing I could hold up as exemplary. That was disappointing but educational.
As my reputation precedes me, my 1L students sometimes worry over whether I'll knock them down for grammar on final exams. I won't, I tell them, unless a misusage creates ambiguity or otherwise impedes the reader's understanding. That does happen. But even I have now and then mistyped a "your" instead of "you're" when writing under time pressure, phonetic ideation direct to fingers. Timed exams are not research papers or practice documents.
UCLA Law Professor Eugene Volokh wrote ably for Reason earlier this week on the use of "they" as a singular pronoun. Like his academic legal writing, his Academic Legal Writing is superb, and I routinely recommend it. Like he, apparently, I have long counseled students on ways to avoid singular constructions that invite the problem of generic gendered pronouns. When working over the text doesn't work—sometimes, the difference between singular and plural is required by legal precision—I recommend "he or she," however cumbersome.
Nowadays the problem of singular "they" bleeds into the issue of gender identity. I am sympathetic with how that "they" emerged amid the failure of "ze" or another creative alternative. When that "they" is used, it is treated grammatically as a plural, even if the person is singular. I'm not here opining on that issue. Professor Volokh gave the best advice, anyway: essentially, know your audience.
I give students the same advice generally. Maybe the judge in your case was an accounting major and will be satisfied as long as you can string sentences together into recognizable paragraphs. But maybe your judge is a curmudgeon. If a student needs a better reason to know the rules than because they're the rules, then it serves to know that it might pay, literally, to be highly fluent in the lingua franca.
I've been thinking about this not only because of Professor Volokh's item, but because I returned to my home state of Rhode Island last week to be confronted with two curiosities on newspaper fronts at my local grocery store. Here's the Barrington Times of August 13:
![]() |
Barrington Times, Aug. 16, 2023: "'None of these fields are getting rest.'" |
This headline is not necessarily wrong, for a couple of reasons. But it gave me pause, frozen for a time in the grocery store portico.
The conventional wisdom is that the word "none" is a contraction of "not one." So, like "one," usually, "none" should take a singular subject. The line should be, then, "None of these fields is getting rest."
At the same time, what we might call "linguistic originalists" point to a long history of English-language usage tolerating both singular and plural treatment of "none." The rule oft recited today is that "none" should be treated as a plural when it reads as "not any," or when the range of things to which it refers is plural. So if the subject of the headline is "not any of these fields," then "are" is suitable.
I find that rule profoundly unhelpful, because there is no real difference between "not one" and "not any." "Not one" almost invariably refers to a range of multiple candidates. Many sources on grammar give examples in which plural usage pertains to the subject structure "none of [them/these/etc.]," but that's not a sensible distinction either. The headline statement here is wholly equivalent to "none is getting rest," were the line to appear in a context in which the adjectival phrase "of these fields" were unnecessary for clarity.
Other sources use a flexible rule in which the writer chooses based on emphasis. Treating the subject as singular emphasizes the singularity. That's hardly a rule. But if it pertained, I would contend that the above usage is wrong. For if one field were rested at any given time, there would be no newsworthy assertion that a new field is needed.
I recognize, too, by the way, that the headline is a quote. According to my old-school journalistic rules, a quote can be changed to make it grammatically correct, as long as the grammatical error is not salient to the story. The theory behind the rule is that the ethic of truthfulness yields to the principle of doing no harm (embarrassment) to persons identified in stories. At some point, that approach presents policy challenges around dialect, cultural vernacular, and education policy. But none of those reasons here would preclude changing the quote.
Regardless of where one comes down on the Barrington Times headline, I contend that the treatment of "none" as plural is now widely reflexive. And legal writers do themselves a forensic disservice by failing to consider the choice. If "not one" is the salient concept, then the treatment should be singular. A writer in argument, especially, might be served best by the singular, or even by regressing "none" to its ancestor: for example, "Not one of the bystanders was capable of aiding the plaintiff" is a more potent declaration than "none were," because the former usage emphasizes the existence of multiple counterfactuals.
Here's another front page, from The Rhode Island Wave:
![]() |
The Rhode Island Wave, Aug. 2023: "Liquor World: Now Open In It's Newest Location." |
The subhede on this ad reads: "Now Open / In It's Newest Location."
This is an easy one, and it's definitely wrong. "It's" is a contraction for "it is." The headline does not say, "In It Is Newest Location." The "it's" is rather a possessive and should be "its."
I recognize that the Wave is a free advertiser, and the copy in question appears (horrifically, atop the front page) in an ad. In my book, which, we've established, is unrelentingly curmudgeonly, that doesn't let the editor off the hook. (Just ask The New York Times.) The fact that the Wave is a free advertiser might, though, explain the quality of the journalistic editing.
I see "its"/"it's" errors all the time. It's disheartening. I get that "it's" is initially confusing, because, especially in formal writing, we are accustomed to apostrophes appearing in possessives more often than in contractions. But then you learn the rule, you turn six, and life moves on.
At risk of exceptionalism, I believe that the American model of law as graduate education, open to a full range of undergraduate majors, is a strength of the American legal system. Our bar is populated by a gratifying diversity of knowledge bases, skill sets, and life experiences that are little known in the five-year LL.B. model.
At the same time, and as long as our four-year higher ed system permits disciplinary focus to the exclusion of liberal arts, we in legal education bear a burden to teach American law students how to speak and write in what is for most of them their native tongue.
![]() |
Markus Büsges (leomaria design) für Wikimedia Deutschland e. V. (CC BY-SA 4.0) |
At a panel on OER at a UMass Dartmouth teaching and learning conference in January, I had the privilege of talking about my experience using Tortz, my own textbook for 1L Torts (chapters 1-7 online, remainder in development and coming soon). Ace librarian Emma Wood kindly invited me to co-pontificate with Professor Elisabeth Buck and Dean Shannon Jenkins on a panel, "The Price is Wrong: Lowering Textbook Costs with OER and Other Innovations." Wood is co-author, with law librarian Misty Peltz-Steele (my wife), of Open Your Casebooks Please: Identifying Alternatives to Langdell's Legacy (on this blog).
My campus is pushing for OER, and for good reason. We all know how exorbitant book costs have become for students. And academic authors are hardly beneficiaries of the proceeds. The first book I joined as a co-author in 2006, for 1L Torts, bore a sale price in the neighborhood of $100. I received $1 to $2 per book (and gave to charity the dollars generated by my own students). My students for the last two years have paid nothing for Tortz. Besides the cost savings, I get to teach from materials I wrote, compiled, and edited, so I know the content and how to use it better than I could anyone else's.
My students' book for 1L Property this past academic year cost $313. It's an excellent book, and I'm not knocking the professor who chose it. Developing my own materials for a foundational course is a labor-intensive project that I felt I could tackle only with the freedom, afforded by tenure, to set my own agenda, and some 20 years' experience teaching torts. At that, I've benefited and borrowed heavily from the pedagogy of a treasured mentor, Professor Marshall Shapo. Without the opportunity to have invested in Tortz, I'd be using a pricey commercial book, too.
A necessary aside: Technically speaking, my book is not OER, because I retain copyright. By definition, I'm told by higher education officials, "OER" must be made available upon a Creative Commons license, or released into the public domain. That's an irrevocable commitment. I'm not willing to do that. In my experience working with higher education institutions around the world, I have found that some out there would seize on freely available intellectual property while profiting handsomely from students desperate for opportunity. In such a case, I would rather negotiate a license and decide myself what to do with any proceeds. I freely licensed Tortz to my own students for the last two years. This is an interesting problem, but for another time.
So Tortz has been working out well. But now I'm looking at a roadblock: hard copies.
For the past two years, I have taught Torts I and II only to small night classes, and I've provided them with hard copies of the text. I made the hard copies on our faculty copiers, and the numbers were small enough not to be of concern for our budget. But beginning in the fall, I'll have two sections of torts, day and night, anticipating 70 or so students. That's too many prints to fold hard copies into the office budget.
I need my students to have hard copies for many reasons. The first issue is comprehension. For me, a reader of a certain age, I still have trouble absorbing content from a screen as well as from a page. When it's important for me to get it, I print a hard copy to read. Many of my law students, of all ages, but especially non-traditional and part-time students, share my preference. When I did a peer teaching observation for my colleague in property law, I saw students using both online and hard-copy versions of the $313 book. A hard-copy user told me that she uses the online version, but still needs to highlight and "engage with the text" to process the content on the first go.
A second issue arises in the exam. I prefer to give my 1L students an open-materials but closed-universe exam. I find that a closed-book exam tests more memorization than analytical skill, while an open-universe exam tests principally resistance to distraction. Regardless, it's my pedagogical choice. The problem is that the exam software we use locks students out of all computer access besides the exam. For any materials they're allowed to have, namely, the book, they need to have an old-fashioned hard copy.
So how to put hard copies in 70 students' hands without re-introducing the cost problem?
As is typical, my university has a contract with a bookstore operator, and book sales are supposed to go through the bookstore. The bookstore uses a contractor for printing. The contractor, XanEdu, after weeks of calculation, priced my book for the fall semester only: a ready-made PDF of 619 pages with basic RGB screen (not photo-quality) color, at $238 per print. That's a non-starter.
Printing at Office Depot would cost just a bit more than that. My university no longer has a print center, but I think its prices when there was one were comparable to retail.
A print-on-demand company, Lulu, was founded by Red Hat tech entrepreneur Bob Young, who became frustrated with the traditional publishing industry when he wanted to tell his own story. Lulu priced out at just $27 per book, which definitely makes one wonder what's going on at XanEdu. Lulu charges about $12 to ship, USPS Priority, but that takes up to 11 business days, which is far too long for students to order only once school starts. Also, it's not clear to me whether I can offer print on demand consistently with the university's bookstore contract. The bookstore has not answered my query as to what the mark-up would be to pre-order copies in bulk from Lulu.
I've kicked the issue upstairs, so to speak, to the law school administration. The associate dean promised to take the question up more stairs, to the university. Budgeting is above my pay grade, after all. I'd like to see the university support OER by volunteering to eat the printing costs. If I'm pleasantly surprised, I'll let you know. It's more likely the university will offer to deduct the costs from my pay.
Anyway, I am excited about OER, or freely licensed "OER," as a game changer for me to be more effective in the classroom. I appreciate that my university supports the OER initiative at least in spirit, and I am grateful to have been included in Emma Wood's thought-provoking discussion with Professor Buck and Dean Jenkins.
![]() |
Antonio Brown in 2014 (by Brook Ward CC BY-NC 2.0) |
Many law professors now teach courses by using examples from popular culture, but there is no comprehensive overview of ways to integrate non-law materials into the legal curriculum. In this text, more than two dozen law professors from the United States, Canada, and Australia demonstrate how to integrate fiction, poetry, comic books, film, television, music, and other media through the first year curriculum traditionally offered in U.S. law schools as well as a number of advanced courses in many subjects. The heavily illustrated book also includes best practices as well as pedagogical justifications for the use of such methods.
Students today view the world relative to its representations in digital media. This digital looking glass, or mirror, of reality incorporates fact and fiction and has itself come to define our popular culture. Accordingly, today’s students benefit from the examination and analysis of challenging subject matter in the real world relative to its digital imaginings. Instructors in torts can promote learning by bringing into the classroom popular cultural expressions extracted from the vast audiovisual libraries of the Internet. These demonstrative exhibits can be used to support problem analysis, to explore policy and theory, to bridge study and practice, and to raise issues in professionalism. This chapter demonstrates the range of multimedia material available in popular culture today with relevance to torts. My aim is to encourage instructors to build their own libraries of materials and to enhance student learning by holding up torts to the looking glass.Use code TEACH19 for 25% off in 2019!
![]() |
Carolina Academic Press mocked up a display copy of the forthcoming Media Method. |
![]() |
Contributors to The Media Method include Professor DeLeith Duke Gossett at Texas Tech School of Law. Presenting at center here, DeLeith is a former student of mine. Teachers will understand the giddy pride induced by collaborating with such a colleague. |
The Trump presidency has reportedly attracted a new wave of law school applicants who are motivated by issues ranging from sexual assault, to racial justice, to the rights of immigrants, to the basic foundations of the rule of law. In this context, how do U.S. law teachers address legal and political headlines that many faculty and students find disconcerting? This session offers diverse perspectives on this question from accomplished law faculty who teach a wide range of legal curriculum.
![]() |
Trump in the classroom. Literally. White House photo. |
The Media Method:
Teaching Law with Popular Culture
Edited by LSU Law Prof. Christine A. Corcos, @LpcProf, Media Law Prof Blog
With contribution on torts by yours truly