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in marriage , he must write those same words about a same sex marriage and express a written message that he believes to be false . Demanding that 25 violates even the Commission ’ s narrow view of what the First Amendment protects .
You can check your answers in the endnotes .
Strong Topic Sentences
Although perhaps not traditionally thought of as a transition , a strong topic sentence , often paired with a transition word or phrase , is an effective way to transition from paragraph to paragraph . Professor Noah Messing suggests that you think of a topic sentence as a “ jurisdictional statement for that paragraph . 26 If the rest of your paragraph doesn ’ t match the topic sentence , you need to revise the rest of the paragraph or the topic sentence . 27 Many people omit topic sentences because they don ’ t want to sound repetitive . Messing cautions against this : “ Sharp topic sentences help readers , persuade readers , and ensure that your points appear in the right places within your document .” 28 And thus , to really make your writing sparkle , combine one of the bridging methods ( pointing words , echo links and transition words and phrases ) with a strong topic sentence . 29
If you struggle with topic sentences , check the last sentence of the preceding paragraph . Many writers finish a paragraph with a sentence that should really be the topic sentence of the next paragraph . 30 Another good check is to read through only your topic sentences and see if your writing makes sense with those sentences alone .
Here are some examples of successive first sentences from part of the Respondent ’ s brief in the Masterpiece Cakeshop case . Note how the argument makes sense reading only these topic sentences . Also note how a strong topic sentence is often used with one of the other transition methods described above : 31
This Court has never questioned a State ’ s authority to apply a public accommodation law to a business ’ s sale of goods and services .
Phillips seeks a far broader , and indeed , unprecedented , exemption for his bakery .
No one disputes that Phillips is “ a man of deep religious faith whose beliefs guide his work .”
Phillips devotes much of his brief to arguing that wedding cakes amount to either “ pure speech ” or “ expressive conduct ” and are therefore eligible for
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First Amendment protection . That argument sidesteps the critical inquiry .
Commercial entities like Phillips ’ s bakery are not entitled to special exemptions from generally applicable business regulations , including anti-discrimination laws , because the goods and services they sell , or the commercial activities they engage in , can be characterized as expressive .
For example , the Court has held that although “ newsgathering ” and “ news dissemination ” receive the highest levels of First Amendment protection , even media entities are subject to “ restraints on certain business or commercial practices ” including their sales policies .
In short , “ it has never been deemed an abridgement of freedom of speech . . . to make a course of conduct illegal merely because the conduct was in part initiated , evidenced , or carried out by means of speech .”
If a state law targeted the expressive aspects of wedding cakes , it would trigger the First Amendment .
But if what “ is being regulated ” is a “ business or commercial practice ,” the freedom of speech is not infringed – even if the business of the regulated party implicates the First Amendment .
The reader can follow the argument in this section reading only these successive first sentences in each paragraph – a sign of strong topic sentences and smooth , easy to follow writing .
Conclusion
Effective use of transitions and paragraphs is one way to improve your writing style in 2018 . While most writers recognize the need to use transition words and phrases , some rely exclusively on heavy and overused words and phrases like furthermore and moreover . Consider adding some new transition words and phrases into your repertoire this year . Also , aim for shorter , onesyllable transition words and sentence beginnings that can really make your writing stand out . Also try using pointing words , echo links and strong topic sentences for sharp , easy to follow writing . From all of us in the Legal Writing Program at Vermont Law School , best wishes for 2018 ! ____________________ Beth McCormack , Esq ., is the Vice Dean for Students and a Professor of Law at Vermont Law School , where she teaches Legal Writing and Appellate Advocacy . Prior to
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joining the faculty at VLS , she practiced in the litigation department of the Boston law firm Mintz , Levin , Cohn , Ferris , Glovsky and Popeo , P . C . ____________________
1
Bryan A . Garner , The Deep Issue : A New Approach to Framing Legal Questions , 5 Scribes J . Legal Writing 1 , 8 ( 1994 ).
2
Ross Guberman , Bridge to Somewhere : Better Flow for Busy Lawyers , ( Dec . 10 , 2017 ), https :// www . legalwritingpro . com / blog / bridge-to-somewhere-better-flow-for-busy-lawyers /
3
Ross Guberman , 90 Transition Words and Phrases , ( Dec . 10 , 2017 ), https :// www . legalwritingpro . com / pdf / transition-words . pdf .
4
Id .
5
Id .
6
Id .
7
Brief for Respondent , Masterpiece Cakeshop , Ltd . v . Colorado Civil Rights Commission , No . 16-111 ( 2017 ) at 22 ( citations omitted ) ( emphasis added ).
8
Ross Guberman , Point Made : How to Write like the Nation ’ s Top Advocates 175 ( 2011 ).
9
Id .
10
Id .
11
Bryan A . Garner , Legal Writing in Plain English , 83-85 ( 2d ed . 2013 ). Garner also extols the value of transition words and phrases , which he calls “ explicit connectives .”
12
Noah A . Messing , The Art of Advocacy , 256
( 2013 ).
13
Sentences like “ This is important ” or similar , where the this is not paired with another word , may force your reader to read through the previous sentences to identify what you are talking about . Better to say “ This contract language is important .”
14
Supra note 10 .
15
Professor Helene Shapo advocates using this same technique , but calls it “ overlapping – repeating a term or concept from the preceding sentence before getting new points .” See Helene S . Shapo et al ., Writing and Analysis in the Law , 193 ( 4th ed . 2003 ), cited in Philip Frost , Plain Language in Transition , 84 Mich . B . J . 46 , n . 6 ( 2005 )
16
Supra note 2 .
17
Tenielle Fordyce-Ruff , Connections Count Part II : Orienting and Substantive Transitions , 60 SEP Advocate 48 ( 2017 ).
18
Id .
19
Brief for Petitioners , Masterpiece Cakeshop Ltd . v . Colorado Civil Rights Commission , No . 16-111 ( 2017 ) at 20-23 ( citations omitted ) ( emphasis added ).
20
Transition word / phrase .
21
Echo Link .
22
Transition word / phrase .
23
Pointing words & echo link .
24
Transition word / phrase .
25
Pointing word .
26
Supra note 11 at 253 .
27
Id .
28
Id . at 252-253 .
29
Bryan A . Garner , The Winning Brief , 156 ( 3d ed .
2014 ).
30
Id . at 162 . Garner recommends studying the transitional words in non-fiction like Atlantic , Harper ’ s The New Yorker or the Economist . Garner suggests labeling the transitional methods used in these examples of writing in order to familiarize yourself with them .
31
Brief for Respondent , Masterpiece Cakeshop Ltd . v . Colorado Civil Rights Commission , No . 16- 111 ( 2017 ) at 19-22 ( citations omitted ) ( emphasis added ).
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