Substance & Style

• Year: 2024
• Citation: Vol. 93 No. 5 Pg. 24
• Pages: 24
• Date: 01 October 2024

Substance & Style No. 93 J. Kan. Bar Assn 5, 24 (2024) Kansas Bar Journal October, 2024

September 2024

Enduring Legal Writing Lessons from Brown v. Board of Education

By Chris Carey, Visiting Assistant Professor at Washburn University School of Law

The Supreme Courts decision in Brown v. Board of Education stands as one of the most consequential rulings in American history. Chief Justice Earl Warrens opinion for the Court powerfully rejected the "separate but equal" doctrine, laying the groundwork for dismantling legal segregation in the United States. While much has been written about Browns impact on desegregation and its larger social, political, and legal effects, less attention has been paid to the opinion's effectiveness as a piece of persuasive legal writing. As shown below, the Brown opinion offers valuable lessons for modern legal writers in its strategic use of brevity and transitions to craft a clear, authoritative, and memorable decision.

Brevity

One of the most striking aspects of the Brown opinion is its conciseness: Despite the complexity and significance of the issues at stake, the Courts unanimous decision spans a mere 11 pages.

A closer look at the opinions structure reveals a clear, economical writing style. The average sentence length is about 18 words (or 22 words with footnotes), falling below the 20-25 word maximum range recommended by legal-writing experts.^[1] Similarly, the average paragraph length of 111 words fits comfortably within the 100-150 word length for maintaining reader comprehension and engagement.^[2]

This concision offers significant benefits for the reader. Shorter sentences and paragraphs are easier to process, reducing the cognitive load and allowing the argument to unfold more naturally. The streamlined prose also maintains a brisk pace that keeps the audience engaged...