Thursday, September 24, 2009

Celebrate National Punctuation Day


Jeff Rubin is the founder of National Punctuation Day. Quoting from the official NPD website, he says: “Casual shortcuts bred by e-mailing and text messaging have no place in school papers or professional business writing. In the business world, words have power and help decision-makers form impressions immediately. Careless punctuation mistakes cost time, money, and productivity." Well said. But, Law Writer simply will not post the entry requirements of the National Punctuation Day Baking Contest . . . oh well, why be so stuffy?

"RULES FOR THE PUNCTUATION BAKING CONTEST:

- Entrants must send a recipe and a sample of their cookie, cake, pastry, doughnut, or bread baked in the shape of a punctuation mark to National Punctuation Day, 1517 Buckeye Court, Pinole, CA 94564.
- Entrants must send two photos — one putting the item in an oven before baking and the other taking it out when it’s done. Make sure we can see the baked goods clearly.
- First-, second-, and third-place winners will receive a box of NPD goodies, and all entrants’ photos will be published on the National Punctuation Day website (www.NationalPunctuationDay.com).
- All entries must be received by September 30, 2009."

Links of note on this day:

Tuesday, September 22, 2009

Back to Basics: The Legislative Product

A bill must have a title, an enacting clause, and a body of provisions to be enacted. To draft bills, drafters rely on drafting manuals.

A state legislature's drafting manual can take the form of a bound handbook, a loose leaf notebook, or a CD-Rom. Some drafting manuals are even available on line. Some are enacted as resolutions. Some are internal staff documents. Law Writer edits one drafting manual and collects others.

No matter the form, a legislative drafting manual is generally much more than a checklist on how to write a bill. The drafting manual serves as a detailed guide to the correct form for bills and resolutions. The manual provides information on style and gives "voice" to the laws of a particular jurisdiction. Though legislative drafting manuals are not generally concerned with the particular substance of bills, manuals usually provide information about constitutional issues and limitations. Confidentiality requirements are often discussed as well.

First published in 1955, the Bill Drafting Manual for the Kentucky General Assembly is one of my favorites. Section 101 (Introduction) of the 1996 Edition says: ". . . The quality of the legislative product depends not only upon the substance of laws, but upon their form and style. Inaccurate or careless drafting may produce bad laws, or even invalidate a measure entirely. It is essential to legislators, administrators, courts, and the public that bills and resolutions be written in a clear, correct, and unambiguous style."

Legislative Documents & Their Functions:

Bill: The exclusive means by which a legislature enacts, amend, or repeals a statute.

Resolution: The document used to address internal legislative matters. A resolution that must be passed by both chambers is a joint or concurrent resolution. A resolution that need be passed by only one chamber is a simple resolution.

Floor amendment: An amendment to a bill or resolution offered by a legislator during floor debate.

Committee substitute: A committee substitute for a bill or resolution is a "draft de novo" adopted by a committee for consideration by the chamber in place of the original bill or resolution.

Conference committee report: The conference committee is appointed when the chambers do not agree and matters in disagreement must be settled. A conference committee report is a complete draft of a bill that usually represents a compromise. (If the originating house agrees with changes to a bill made by the other chamber, there is no need for a conference report.)

Noah Webster & His Dictionary - An Exhibit

An Exhibit Commemorating the 250th Anniversary
of Noah Webster’s Birth October 16, 1758
Amherst College Library,
Archives and Special Collections Department
September 4, 2008 through January 4, 2009

Interesting information and photographs are still posted online.




Bust of Noah Webster

by Chauncey Bradley Ives
American (1812-1894)
Bronze 26 ½ in; 67.31 cm
Gift of Theodore Bailey, Jr. in memory of
Richmond Mayo-Smith
(Class of 1909)
Loaned, courtesy of the Amherst College
Mead Art Museum

Link to more information about the Webster Exhibit






An American Dictionary of the English Language… By Noah Webster.
Revised and enlarged by Chauncey A. Goodrich. Springfield, Mass.:
Published by George and Charles Merriam, 1854.


Monday, September 21, 2009

The National Conference of State Legislatures = The Forum For America's Ideas


Recently Released & Recommended:


The single most influential nonpartisan organization that serves state legislators and staffers in the constant improvement of the legislative process is the National Conference of State Legislatures based in Denver, CO. No brag, just fact.

NCSL personnel management gurus Karl Kurtz and Brian Weberg have completed a survey indicating trends in the staffing patterns of legislatures in all 50 states. NCSL did its first count of staff in 1979. Now well into the 2000s, it appears that the number of legislative staff has leveled off after considerable growth in the 1970s and 1980s. The NCSL survey counted the number of staff employees serving currently, and then reviewed how that number has changed over the past 30 years.

Among the key findings:

• Women are well-represented among all staff, except in managerial ranks.

• Staff jobs are dominated by whites, with minorities under-represented.

• A large majority of legislative staff view their work as a long-term career.

• Main concern among staff managers is the impending retirement of long-term staffers.

The link above leads to more information well worth reading. Other interesting findings relate to:

• Differences Among States

• The Partisan Percentage

• Staffing as a Career

• Staff Concerns

• Future Uncertainties

Friday, September 18, 2009

A Birthday and Constitution Day Tribute to Samuel Johnson


You may have gathered that the Law Writer values history and context as part of the craft. And, will take any opportunity to add historical notes to the process of drafting law. Yesterday was Constitution Day, so the Law Writer will use that excuse, and the gentleman's 300th birthday, to pay homage to  Samuel Johnson, the English author, critic, and lexicographer (1709 - 1784).

Dr. Johnson took nine years to produce his Dictionary of the English Language published in 1755 -- the most commonly used text of its kind for 150 years until the publication of the Oxford English Dictionary in 1928. Dr. Johnson's work had a major impact on Modern English and is widely considered one of the greatest single achievements of scholarship. Particularly important to the Law Writer is the fact that Dr. Johnson's esteemed work influenced the framers of the U. S. Constitution as his was the dictionary of the Revolutionary Era.

The Law Writer must confess that complete appreciation for Dr. Johnson's significance was somewhat lacking when the Law Writer was required to read James Boswell's Life of Samuel Johnson during undergraduate studies at UNC-Chapel Hill. Now, many years later and after acquiring more seasoned biographical reading tastes, the Law Writer has placed Boswell's masterpiece on the short range reading list.


Happy 300th Birthday to Dr. Samuel Johnson &
A Belated Happy 222nd Birthday to the Constitution
of the United States of America.


"Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information on it". Samuel Johnson. 

Recommended Reading: NYT Op-Ed on "Dr. Johnson's Revolution" by Jack Lynch, the editor of Samuel Johnson's Dictionary: Selections from the 1755 Work That Defined the English Language.


[Note: Another important dictionary in American history -- Noah Webster's 1828 American Dictionary of the English Language.]