Legal Drafting by Design: A Unified Approach

Halftitle Page
Editorial Advisors
Title Page
Copyright Page
About Wolters Kluwer Legal & Regulatory U.S.
Dedication
Summary of Contents
Table of Contents
List of Illustrations
Acknowledgments
An Overview of the Book
Part I: Introduction
	Chapter 1: Drafting Is Rule Creation
		§1.1 Drafting Is Different from Legal Writing
		§1.2 What Is a Rule?
		§1.3 Legal Drafting: A Specialized Skill
		§1.4 Rule Sources and Categories
			§1.4.1 Public Rules
			§1.4.2 Private Rules
		§1.5 Three Types of Rules
			§1.5.1 Duties (and Rights)
			§1.5.2 Discretionary Authority
			§1.5.3 Declarations
		§1.6 Adding Tests, Conditions, and Exceptions
		§1.7 Do Not Confuse a Duty with a Condition
		§1.8 The Four Things You Can Do in a Statute
		§1.9 The Six Things You Can Do in a Contract
		Exercise 1-A Basketball in Court
	Chapter 2: Where Rules Originate
		§2.1 Private Rules
		§2.2 Public Rules Generally
			§2.2.1 Public Laws of General Operation
			§2.2.2 Public Laws of Narrow Application
			§2.2.3 Prospective v. Retroactive Application
		§2.3 Constitutions
		§2.4 Legislation—Statutes, Codes, Ordinances, and Appropriation Acts
			§2.4.1 Statutes
			§2.4.2 Codes
			§2.4.3 Ordinances
			§2.4.4 Appropriation Acts
		§2.5 Agency Rules and Regulations
		§2.6 Executive Orders
		§2.7 Court Rules
	Chapter 3: Good Drafting Skills Benefit Everyone
		§3.1 The Citibank Promissory Note
		§3.2 Traditional Drafting, Modern Drafting, and Consumer Drafting
		§3.3 Clients Prefer Modern Drafting—and It Protects Them
		§3.4 Poor Drafting Harms the Law
		§3.5 Poor Drafting Harms the Legal Profession
		§3.6 Much—But Not All—of Law and Contracts Can Be Drafted in Ways That Nonlawyers Understand
		§3.7 Why Traditional Drafting Is Common Today—and Why It Will Not Be Common in the Future
		§3.8 Good Drafting Skills Can Give You a Career Advantage
	Chapter 4: Drafting as Lawyering
		§4.1 Drafting and Professionalism
		§4.2 Client Goals
			§4.2.1 Identify Your Client
			§4.2.2 Ask Questions to Clarify the Client's Objectives
			§4.2.3 Research the Legal Background and Subject-Matter Context
			§4.2.4 Brainstorm Alternatives
			§4.2.5 Consult with the Client to Fine-Tune Strategy
		§4.3 Multiple Audiences
			Helen Xanthaki, Drafting Legislation: Art and Technology of Rules for Regulation
			1A Elmer A. Driedger, Manual of Instructions for Legislative and Legal Writing
		§4.4 Unforeseen Consequences
Part II: General Principles
	Chapter 5: Basic Drafting Principles
		§5.1 Don't Talk—Create
		§5.2 Focus on the Problem You Are Trying to Solve or Prevent
		§5.3 Create Rules Wisely—And Express Them Perfectly
		§5.4 Predict—and Draft Accordingly
		§5.5 Draft for All Your Readers
		§5.6 Draft Precisely What You Mean—and Draft It So That Everyone Will Understand
		§5.7 If a Concept Is Simple, Do Not Complicate It
		§5.8 Use Consistent Wording Throughout
		§5.9 Draft in the Present Tense Unless You Have a Good Reason Not To
		§5.10 Draft in the Singular Unless You Want the Provision to Apply Only to Multiples
		§5.11 Find and Close Loopholes
		§5.12 Never Include a Provision Without Knowing Why
		§5.13 Never Use a Word or Phrase Unless You Know Exactly What It Means
		§5.14 Think Like a Lawyer—But Don't Imitate Noises That You Assume Lawyers Make
		Exercise 5-A The Loophole
		Exercise 5-B The Driveway
	Chapter 6: The Rule-Creating Sentence
		§6.1 Basic Concepts
		§6.2 Building a Duty or Discretionary Authority
		§6.3 Building a Declaration
		§6.4 Six Techniques for Writing an Effective Rule-Creating Sentence
			§6.4.1 Keep a Sentence Short, and Make the Actor the Sentence's Subject
			§6.4.2 Get the Reader to the Verb (and the Subject) as Fast as Possible
			§6.4.3 Put the Most Important Concepts at the Sentence's Beginning
			§6.4.4 Put Simple Concepts Before Complicated Ones
			§6.4.5 Draft in the Active Voice Unless You Have a Good Reason to Use the Passive
			§6.4.6 Place Modifiers Close to the Words They Modify
		Exercise 6-A Two Provisions
	Chapter 7: Words to Avoid and Words to Prefer
		§7.1 Use the Word Shall for One Purpose Only—To Create a Duty
		§7.2 Use Terms of Art When Needed—But Don't Use Legalese
			§7.2.1 You Need a Term of Art When It's the Only Way to Express a Concept Unique to Law
			§7.2.2 Nobody Needs Legalese
			§7.2.3 Rules for Using Terms of Art and Legalese
		§7.3 Use the Fewest Words Needed to Express a Concept
		§7.4 Use Real Verbs—Not Verbose Noun Forms of Verbs
		§7.5 Eliminate Obscurity
		§7.6 Write in Twenty-First-Century English
		§7.7 Eliminate Redundant Doubles and Triples
			§7.7.1 Doubles and Triples and Why They Exist
			§7.7.2 What Some Doubles and Triples Mean
		§7.8 Keep Doubles and Triples That Genuinely Express Co-Occurring Concepts
		§7.9 Eliminate Intensifiers
			§7.9.1 Identifying Intensifiers
			§7.9.2 What Some Intensifiers Might Mean
		§7.10 Express Causation Simply
		§7.11 Use S-Possessives Wherever Possible
		§7.12 Use Gender-Neutral Wording
		§7.13 Be Careful with Provided
		§7.14 Never Write Upon
		§7.15 Be Careful with Connectives—And & Or
		§7.16 Never Write And/Or
			Boren v. Qualls
			Employers' Mutual Liability Insurance Co. v. Tollefson
		§7.17 In a Contract, Use the Word The Before a Party's Designation
		Exercise 7-A Two Lease Provisions
		Exercise 7-B Electors and Arrest
		Exercise 7-C The Noncompete Clause
		Exercise 7-D The Cookies
	Chapter 8: Formatting—Numbering Systems, Subdivisions, and Cross-References
		§8.1 Enumeration and Tabulation
		§8.2 Parallel Structure and Consistency
		§8.3 Organizational Building Blocks
			§8.3.1 Numbering Systems
			§8.3.2 Section Captions and Article Titles
			§8.3.3 Page Layout
		§8.4 Organizational Priorities
		§8.5 Cross-References
			§8.5.1 Why and When to Cross-Refer
			§8.5.2 Make the Cross-Reference Specific
		§8.6 Breaking up Impenetrable Masses of Words—and Reassembling Them Coherently
			§8.6.1 Most Drafting Is Redrafting
			§8.6.2 Law Is Full of Lists
			§8.6.3 Breaking into Chunks, Classifying Chunks, and Finding Lists
			§8.6.4 Reassembling
			§8.6.5 Formatting
			§8.6.6 Ironing Out the Wording
		§8.7 The Amazon Zombie Apocalypse Clause
		Exercise 8-A The Accused's Rights
		Exercise 8-B The Homestead Exemption
		Exercise 8-C Appropriating Name, Portrait, Picture, or Voice
		Exercise 8-D Vetoing Legislative Power
Part III: Creating and Using Legal Rules
	Chapter 9: Creating Duties (and Rights)
		§9.1 Duties
		§9.2 Creating a Duty
			§9.2.1 Specify the Person or Organization That Has the Duty
			§9.2.2 Tell the Person or Organization That Has the Duty Precisely What to Do
		§9.3 Selecting and Expressing a Standard for Performing the Duty
		§9.4 Duties, Rights, and Remedies
			§9.4.1 Focus on the Duty, Not the Right
			§9.4.2 Contract Rights
			§9.4.3 Statutory Rights
			§9.4.4 Do Not Confuse Rights with Discretionary Authority
		§9.5 Imposing a Duty on Government Agencies and Public Officials
		Exercise 9-A The Security Deposit
		Exercise 9-B Grand Jury Counsel
		Exercise 9-C Campaign Literature
	Chapter 10: Choosing Operative Terms for Duties
		§10.1 Operative Terms for Affirmative Duties
			§10.1.1 The Case for Must
				Brian Garner, Legal Writing in Plain English
			§10.1.2 The Case for Shall
			§10.1.3 What to Do About Must and Shall
		§10.2 Operative Terms for Negative Duties—The Shall Not, Must Not, and May Not Problem
		§10.3 Choosing a Duty's Operative Term
		§10.4 Avoiding Operative Term Mistakes with Duties
		Exercise 10-A Salary
		Exercise 10-B Four Lease Provisions
	Chapter 11: Creating Discretionary Authority
		§11.1 Distinguishing Discretionary Authority from Duties
		§11.2 Creating Discretionary Authority
		§11.3 Always Use May as an Operative Term for Discretionary Authority
		§11.4 Granting Discretionary Authority to Government Agencies and Public Officials
	Chapter 12: Creating Declarations, Including Definitions
		§12.1 Declarations and How They Operate
		§12.2 Creating Declarations
		§12.3 Declaring That a Duty or Discretionary Authority Does Not Exist
		§12.4 Creating Definitions: A Category of Declarations
		§12.5 Definition Structures
			§12.5.1 Nominal Definitions
			§12.5.2 Connotative Definitions
			§12.5.3 Denotative Definitions
		§12.6 Definition Variations
			§12.6.1 Lexical Definitions
			§12.6.2 Dictionary Acts: Standard Definitions of General Applicability
			§12.6.3 Stipulative Definitions
		Exercise 12-A Dueling
		Exercise 12-B Contract Definitions
		Exercise 12-C Title VII Definitions
	Chapter 13: Adding Conditions, Tests, and Exceptions
		§13.1 Tests and Conditions Are the Same Concept, and an Exception Is a Negative Condition
		§13.2 Operative Terms for Conditions, Tests, and Exceptions
			§13.2.1 If Clauses
			§13.2.2 Must Lists
			§13.2.3 Tests: Lists of Elements or Factors
			§13.2.4 Exceptions: Unless and Except Clauses
		§13.3 Elements Tests and Factors Tests
		§13.4 Scheduling Provisions
		§13.5 Avoiding Operative Term Mistakes with Conditions, Tests, and Exceptions
		Exercise 13-A Terminating a Lease
	Chapter 14: How to Identify Wrong Uses of Shall
		§14.1 The Shall Problem
		§14.2 The Question That Solves the Shall Problem
		§14.3 What to Do After Answering the Question
		Exercise 14-A Salaries and Neglect of Duty
		Exercise 14-B Failure to Give Possession
		Exercise 14-C Stealing from the Mail
	Chapter 15: Measuring Things—Open-Texture Standards, Bright-Line Standards, Time, and Numbers
		§15.1 Choosing Between a Bright-Line Standard and an Open-Texture Standard
		§15.2 Numbers
			§15.2.1 Inclusive and Exclusive Expressions of Numbers
			§15.2.2 Leave No Numerical Gaps
			§15.2.3 Do Not Overlap Numbers
			§15.2.4 Do Not Overcomplicate Numbers
			§15.2.5 Do Not Double-State Numbers
				Charles R. Tips Family Trust v. PB Commercial LLC
			§15.2.6 When to Use Words and When to Use Digits
		§15.3 Time
			§15.3.1 Inclusive and Exclusive Expressions of Time
			§15.3.2 Leave No Time Gaps
			§15.3.3 Do Not Overlap Time
			§15.3.4 Do Not Overcomplicate Time
			§15.3.5 Be Careful with the Time Quicksands
			§15.3.6 Be Careful with Open-Texture Time Standards
		Exercise 15-A Three Provisions
	Chapter 16: Using Rules Collectively to Accomplish a Goal
		§16.1 Problems and Goals—“What Are We Trying to Accomplish?”
		§16.2 Drafters and Clients
		§16.3 An Example of Assembling Rules—Forfeiting Games
		§16.4 Another Example of Assembling Rules—Aggravated Theft and Its Consequences
		§16.5 How to Get People to Do Things
		§16.6 Try Not to Overconceptualize
		Exercise 16-A Redrafting Rule 7.03(b)
		Exercise 16-B No Duty to Keep Premises Safe
		Exercise 16-C Drafting a Student Honor Code for the Alaska School of Law
		Exercise 16-D The Appellate Judges Nominating Commission
	Chapter 17: How Courts Interpret Drafted Rules
		§17.1 Courts Apply Analogous Rules to Interpret Public and Private Law
		§17.2 Common Law Rules Used to Interpret Public and Private Laws
			§17.2.1 Intrinsic Rules of Interpretation
			§17.2.2 Extrinsic Rules of Evidence and Interpretation
			§17.2.3 Substantive or Policy-Based Rules
		Exercise 17-A Texas Constitutional Provision on Marriage
	Chapter 18: Ambiguity and Vagueness: Why They Matter and How to Avoid Them
		§18.1 Distinguishing Ambiguity and Vagueness
		§18.2 Vagueness
		§18.3 Ambiguity
		§18.4 How Courts Decide Whether Language Is Ambiguous
		§18.5 The Risks of Ambiguity
		§18.6 How to Avoid Ambiguity
		Exercise 18-A Kushner v. Southern Adventist Health
		Exercise 18-B Flowcharting a Statute
Part IV: Drafting as a Process
	Chapter 19: Professionalism and Ethics
		§19.1 Professionalism
		§19.2 Ethics
			§19.2.1 Assisting in the Unauthorized Practice of Law
			§19.2.2 Conflicts of Interest
			§19.2.3 Client Confidentiality, Electronic Technology, and Metadata
			§19.2.4 Knowingly Drafting Unenforceable Provisions or Unlawful Contracts
			§19.2.5 Duty to Disclose Scrivener's Errors and Revisions to Opposing Party
		Exercise 19-A Conflicting Interests
		Exercise 19-B Unauthorized Law Practice
	Chapter 20: Organizing for Sequence, Coherence, Unity, and Completeness
		§20.1 Organizing and Why It Matters
		§20.2 Articles, Titles, and Sections: Building Blocks of Composition
			§20.2.1 Sequence
			§20.2.2 Coherence
			§20.2.3 Unity
			§20.2.4 Completeness
		Exercise 20-A Liability to Baseball Spectators
		Exercise 20-B Facebook Terms and Conditions
		Exercise 20-C Email Settlement Agreement
	Chapter 21: Punctuation and Meaning
		§21.1 Punctuation and Sentence Structure: Dual Aids to Meaning
		§21.2 Punctuation's Checkered Past in Legal Drafting
		§21.3 How Contemporary Courts Use Punctuation to Interpret Legal Rules
		§21.4 Statutes Governing Punctuation Use in Interpreting Public Law
		Exercise 21-A Rescue Dog Adoption Contract
		Exercise 21-B Accident Insurance Policy
	Chapter 22: Sentence Structure and Punctuation
		§22.1 Commas
		§22.2 Semicolons
		§22.3 Periods
		§22.4 Introducing Lists: Colons or Dashes
		§22.5 Parentheses
		§22.6 Apostrophes
		Exercise 22-A Overtime Pay for Dairy Delivery
		Exercise 22-B Firefighter Pensions
	Chapter 23: First Draft, Testing the Draft, and Redrafting
		§23.1 How to Start Drafting
		§23.2 The First Draft
		§23.3 Testing the First Draft
		§23.4 Redrafting
		§23.5 Knowing When to Stop Redrafting
		Exercise 23-A Teacher Certification Act
	Chapter 24: Fine-Tuning: Editing, Polishing, and Document Design
		§24.1 The Value of Editing
		§24.2 How to Edit Effectively
			§24.2.1 Make a Checklist to Guide Your Editing Process
			§24.2.2 Edit in Hardcopy, Not on Your Computer Screen
			§24.2.3 Use a Style Sheet to Check for Consistent Use of Terms
			§24.2.4 Edit for One Thing at a Time
			§24.2.5 Slow Down
			§24.2.6 Read the Document Backwards, One Sentence at a Time
			§24.2.7 Read the Document Aloud
			§24.2.8 If Permissible and Appropriate, Ask Others for Help
			§24.2.9 Use Computer Tools, But Don’t Rely on Them Exclusively
			§24.2.10 Edit as If You’re Reading Someone Else's Work
		§24.3 Polishing
		§24.4 Document Design
			§24.4.1 Why It Matters
			§24.4.2 Document Design Choices for Drafting Statutes
			§24.4.3 Document Design Choices for Drafting Contracts and Other Private Law
Part V: Drafting Contracts
	Chapter 25: Some Contracting Basics
		§25.1 The Six Contract Tools
		§25.2 Representations and Warranties
			§25.2.1 How Representations and Warranties Are Similar but Different
			§25.2.2 How Declarations Differ from Representations and Warranties
		§25.3 How Different Types of Provisions Work Together
		§25.4 Consequences
		§25.5 Contracts with Closings and Contracts Without Closings
			§25.5.1 Contracts with Closings
			§25.5.2 Contracts Without Closings
		Exercise 25-A A Home Appliance Repair Contract
	Chapter 26: The Lawyer's Role in Contracting
		§26.1 Business Issues and Legal Issues
		§26.2 Different Types of Deals and Different Degrees of Lawyer Involvement
		§26.3 The Two Negotiations (in Larger Transactions)
		§26.4 Foresight
		§26.5 A Contract Drafter's Audiences
		§26.6 Drafting Is Power—But Be Careful
	Chapter 27: Organizing a Contract
		§27.1 A Contract's Components and Their Sequence
		§27.2 Organizing and Formatting
		Exercise 27-A Organizing the Employment Contract
	Chapter 28: The Contract Drafting Process
		§28.1 What You Need to Know Before Starting to Draft
		§28.2 Steps in the Drafting Process
		§28.3 Be Wary of Accidental Inconsistencies and Cascade Effects
		§28.4 Forms and Precedents
		§28.5 Thinking About Your Audience
	Chapter 29: Drafting the Front Matter and Back Matter
		§29.1 Front Matter
			§29.1.1 Title
			§29.1.2 Preamble
			§29.1.3 Recitals
			§29.1.4 Words of Agreement
			§29.1.5 Assembling the Front Matter
		§29.2 Back Matter
			§29.2.1 Concluding Paragraph
			§29.2.2 Signatures
			§29.2.3 Supplements
		§29.3 The Real Contract Is in the Space Between the Front Matter and the Back Matter
	Chapter 30: Drafting Contract Duties, Discretionary Authority, Declarations, and Conditions
		§30.1 Drafting Contractual Duties (Also Known as Covenants or Obligations)
		§30.2 Drafting Contractual Discretionary Authority
		§30.3 Drafting Contractual Declarations
		§30.4 Drafting Contractual Conditions (and Exceptions)
		§30.5 When to Create a Duty and When to Create a Condition
		§30.6 Two-Fers: Promissory Conditions
		Exercise 30-A The BurgerMetro Franchise Agreement
		Exercise 30-B The Apple Orchard—Duties, Conditions, or Both
	Chapter 31: Managing Risk—Due Diligence, Representations, Warranties, Strategic Conditions, Force Majeure Clauses, Default Clauses, Terminations
		§31.1 Lawyers and Risk
		§31.2 Due Diligence
		§31.3 Representations and Warranties
			§31.3.1 UCC Warranties and Common Law Warranties
			§31.3.2 The Difference Between a Warranty and a Duty
			§31.3.3 Representations, Warranties, and Time
			§31.3.4 Warranties and Representations Have Different Advantages
			§31.3.5 What Should You Ask the Other Party to Represent and Warrant?
			§31.3.6 What Should You Do If the Other Party's Lawyer Asks Your Client to Represent and Warrant Certain Facts?
		§31.4 Attaching Conditions and Exceptions to Duties
		§31.5 Force Majeure Clauses (Circumstances That Excuse a Default)
		§31.6 Provisions on Defaults and Their Consequences
		§31.7 Terminations
		Exercise 31-A Office Park
		Exercise 31-B Mountainside Hang Glider Rentals
		Exercise 31-C The End of the World Clause
		Exercise 31-D Circumstances That Excuse a Default
	Chapter 32: Drafting Contract Definitions
		§32.1 Why Define?
		§32.2 What Should You Define?
		§32.3 When in the Drafting Process Should You Draft Definitions?
		§32.4 Avoiding Contract Definitions Mistakes
		§32.5 Where to Place Definitions in a Contract
		§32.6 Using Defined Terms
		Exercise 32-A Douglas Fir Board
	Chapter 33: Drafting General Provisions
		§33.1 The Concept of Boilerplate
		§33.2 The Merger Clause
		§33.3 The Severability Clause
		§33.4 Assignments and Delegations—Restrictions and Prohibitions
		§33.5 The Successors and Assigns Clause
		§33.6 The Choice of Law Clause
		§33.7 The Forum Selection Clause
			§33.7.1 Court Selection Clauses
			§33.7.2 Arbitration Clauses
		§33.8 The No-Oral-Amendments Clause
		§33.9 The Force Majeure Clause (Circumstances That Excuse a Default)
		§33.10 The Headings Clause
		§33.11 The Notices Clause
		Exercise 33-A Two Anti-Assignment Clauses
		Exercise 33-B Two Other General Provisions
Part VI: Drafting Statutes
	Chapter 34: Translating Public Policy into Black-Letter Law
		§34.1 Role of the Legislative Drafter
		§34.2 Ascertaining Client Goals
		§34.3 Translating Public Policy into Statutory Language
		§34.4 The Ethics of Legislative Drafting
			§34.4.1 The Drafter's Influence on Policy
				Reed Dickerson, Drafting and Substantive Policy
				David A. Marcello, The Ethics and Politics of Legislative Drafting
			§34.4.2 Ethical Rules Applicable to the Legislative Drafter
	Chapter 35: Interpreting Public Law
		§35.1 How Public Laws Are Different
		§35.2 Interpretive Perspectives
			§35.2.1 Intentionalism
			§35.2.2 Purposivism
			§35.2.3 Textualism
		§35.3 Plain Meaning
			§35.3.1 Plain Meaning in Context
			§35.3.2 Textual Canons of Interpretation
			§35.3.3 Defined and Undefined Statutory Terms
			§35.3.4 Legislative Purpose Statements and Preambles
		§35.4 Substantive or Policy-Based Canons of Interpretation
			§35.4.1 Interpretation and Construction
			§35.4.2 Rule of Lenity
			§35.4.3 Presumption of Constitutionality
			§35.4.4 Presumption Against Implied Repeals
			§35.4.5 Statutes in Derogation of Common Law Are Generally Strictly Construed (Except Remedial Statutes)
			§35.4.6 Legislative Acquiescence in Judicial Interpretation
			§35.4.7 Borrowed Statute Rule
		§35.5 Reliance on Legislative History
			§35.5.1 Use of Legislative History to Interpret Ambiguous Statutes
			§35.5.2 Contrary Textualist Viewpoint
		§35.6 Judicial Deference to Administrative Interpretations
			§35.6.1 Chevron Two-Step Deference
			§35.6.2 Skidmore Multifactor Deference
		§35.7 Effective Dates
			§35.7.1 Statutory and Constitutional Default Effective Dates
			§35.7.2 Exceptions Allowing for a Statute to Take Immediate Effect
		§35.8 Prospective and Retrospective Application
			§35.8.1 Presumption Favoring Prospective Application
			§35.8.2 Exception for Procedural Statutes
		§35.9 Legislating Interpretive Rules
			§35.9.1 Enacted Statutory Rules of Interpretation
			§35.9.2 Model Statute and Rule Construction Act
	Chapter 36: Statutory and Constitutional Requirements
		§36.1 Enacting Clause
		§36.2 Single Subject
		§36.3 Title
		§36.4 Short Title
		§36.5 Default Effective Dates
		§36.6 Statutory Forms
		Exercise 36-A Landfills and Zoning Laws
		Exercise 36-B Pending Legislation, Bill Components, and Effective Dates
	Chapter 37: Parts of a Statute
		§37.1 How Statutes Are Organized
		§37.2 A Typical Statute's Components
			§37.2.1 Title or Popular Name
			§37.2.2 Enacting Clause
			§37.2.3 Preamble or Legislative Findings
			§37.2.4 Purpose
			§37.2.5 Definitions
			§37.2.6 Substantive Provisions
			§37.2.7 Administrative and Enforcement Provisions
			§37.2.8 Interpretation Provisions
			§37.2.9 Authorization of Appropriations
			§37.2.10 Severability Clause
			§37.2.11 Implementation or Transition Provisions
			§37.2.12 Saving Clauses
			§37.2.13 Effective Date and Duration
			§37.2.14 Repealing Clauses
		Exercise 37-A Gold Star Memorial in Wesley Bolin Plaza
		Exercise 37-B August Sales Tax Holiday
		Exercise 37-C Wounded Officers Recovery Act
		Exercise 37-D National Global War on Terrorism Memorial
	Chapter 38: Drafting Substantive Public Law Provisions
		§38.1 Introduction
		§38.2 Scope Provisions
		§38.3 Some Courts Interpret Shall in Public Laws as Either Mandatory or Directory
		§38.4 Some Courts Interpret May in Public Laws as Either Mandatory or Discretionary, Depending on Context
		§38.5 Authorizations and Appropriations: Special Kinds of Declarations
		§38.6 Establishing Administrative Agencies and Delegating Rulemaking Authority
			§38.6.1 Use a Declaration to Establish an Agency and Define Its Mission
			§38.6.2 Use Discretionary Authority or a Duty to Issue Agency Regulations
		§38.7 Exemptions Differ from Exceptions
		§38.8 Privileges Differ from Rights
		§38.9 Statutory Presumptions
		§38.10 Using Conditions and Exceptions to Allocate Burdens of Proof
		§38.11 Enforcement Provisions
		Exercise 38-A Municipal Revenue Bonds for Public Improvements
		Exercise 38-B Forming a Recreational Association
	Chapter 39: Drafting Statutory Amendments
		§39.1 Introduction to Amendatory Legislation
			Richard S. Beth, How Bills Amend Statutes
			§39.1.1 Amendment by Restatement, Incorporating Proposed Amendments
			§39.1.2 “Cut and Bite” Amendment by Reference to Act's Title
			§39.1.3 Amendment Using Strike-and-Add Typeface Showing Current Law with Proposed Changes
		§39.2 State Constitutional Limitations
			§39.2.1 Amendatory Bill Must Recite Title or Substance of Amended or Repealed Law
			§39.2.2 Amendatory Bill Must Include Original Act in Full as Amended
			§39.2.3 Amendatory Bill Must Include Original Act in Full with Striketype Reflecting Changes
			§39.2.4 Amendatory Bill Must Include Text of Statutes Proposed for Repeal
		§39.3 Statutory Requirements
		§39.4 Legislative Rules, Customs, and Practices
		§39.5 Drafting Amendatory Bills
			§39.5.1 Identify Current Law to Be Amended
			§39.5.2 Selecting a Format for Amendatory Provisions
			§39.5.3 Translating the Proposed Amendment into Proper Bill Format
		§39.6 Drafting Repeals
Part VII: Drafting Other Legal Documents
	Chapter 40: A Unified Approach for Drafting Legal Documents
		§40.1 Introduction
		§40.2 Conveyances
		§40.3 Loans and Security Agreements
		§40.4 Insurance Policies
		§40.5 Corporate Bylaws
			§40.5.1 For-Profit Corporations
			§40.5.2 Nonprofit Corporations
		§40.6 Wills
		§40.7 Trusts
		§40.8 Durable Powers of Attorney and Living Wills
		§40.9 Litigation Documents
			§40.9.1 Discovery Requests
			§40.9.2 Jury Instructions
			§40.9.3 Settlement Agreements
		Exercise 40-A Breach of Settlement Agreement
		Exercise 40-B Redrafting an Ambiguous Jury Instruction
		Exercise 40-C Lesser Offense Jury Instruction
		Exercise 40-D The Beach House
Appendices
	A The Original Citibank Promissory Note
	B The Citibank Plain Language Promissory Note
	C Document Design for Contracts
	D Holocaust Expropriated Art Recovery Act of 2016
	E 2017 Vermont Act 5 Freedom from Compulsory Collection of Personal Information
	F Concept Overload
Index