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Article
The Promise of Parentheticals: An Empirical Study of the Use of Parentheticals in Federal Appellate Briefs
Legal Communication & Rhetoric (2013)
  • Michael D. Murray
Abstract

The attached article, "The Promise of Parentheticals: An Empirical Study of the Use of Parentheticals in Federal Appellate Briefs," reports an empirical study of federal appellate court briefs to answer the question: How are parentheticals currently used for rhetorical purposes in appellate briefs to explain a synthesis of authorities? My hypothesis is that parentheticals currently are used beyond a simple informational function in citation forms for four rhetorical purposes: (1) to quote and highlight portions of authorities (“quotation” function); (2) to explain and illustrate the principles induced from a synthesis of authorities (“explanatory synthesis” function); (3) to explain and illustrate the effect and operation of public policies underlying the law in multiple authorities (“public policy synthesis” function); (4) to explain and illustrate the narratives of success or failure among multiple cases in which the law was applied to produce a concrete outcome (“narrative synthesis” function). These uses of parentheticals will be compared with other methods of communication of information about authorities, specifically textual, case-to-case analogical reasoning and footnoting.

Keywords
  • parenthetical,
  • litigation,
  • appellate advocacy,
  • rhetoric,
  • legal writing,
  • quotation,
  • explanatory synthesis,
  • public policy synthesis,
  • narrative synthesis
Disciplines
Publication Date
Fall 2013
Citation Information
Michael D. Murray. "The Promise of Parentheticals: An Empirical Study of the Use of Parentheticals in Federal Appellate Briefs" Legal Communication & Rhetoric Vol. 10 Iss. 1 (2013)
Available at: http://works.bepress.com/michael_murray/7/