Loyola University Chicago Law Journal Volume 40 Article 3 Issue 1 Fall 2008 2008 Why Grammar Matters: Conjugating Verbs in Modern Legal Opinions Robert C. Farrell Quinnipiac University School of Law Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Law Commons Recommended Citation Robert C. Farrell, Why Grammar Matters: Conjugating Verbs in Modern Legal Opinions, 40 Loy. U. Chi. L. J. 1 (2008). Available at: http://lawecommons.luc.edu/luclj/vol40/iss1/3 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. Why Grammar Matters: Conjugating Verbs in Modern Legal Opinions Robert C. Farrell* I. INTRODUCTION Does it matter that the editors of thirty-three law journals, including those at Yale and Michigan, think that there is a "passive tense"? l Does it matter that the United States Courts of Appeals for the Sixth2 and Eleventh3 Circuits think that there is a "passive mood"? Does it matter that the editors of fourteen law reviews think that there is a "subjunctive tense"?4 Does it matter that the United States Court of Appeals for the District of Columbia Circuit thinks that there is a "subjunctive voice'"? 5 There is, in fact, no "passive tense" or "passive mood." The passive is a voice. 6 There is no "subjunctive voice" or "subjunctive tense." The subjunctive is a mood.7 The examples in the first paragraph suggest that there is widespread unfamiliarity among lawyers and law students * B.A., Trinity College; J.D., Harvard University; Professor, Quinnipiac University School of Law.