LawProse Lessons

*up to —- off and more. This bit of illogic crops up fairly often in print ads and store signs. At a sale touted as offering up to 50% off and more, for example, all we know is that the sale price is (1) less than 50% off, (2) 50% off, or (3) more than […]

upon. “Upon” is a formal word appropriate for formal occasions — e.g.: “Beneath his likeness sits a table upon [read ‘on’] which participants place the fabric after prostrating themselves three times.” Norine Dresser, “Southern California Voices,” L.A. Times, 8 Feb. 1997, at B7. But in most contexts “upon” is unnecessary in place of “on” —

unwieldy. “Unwieldy,” an adjective meaning “difficult to handle” {unwieldy packages}, often seems to be mistaken for an adverb ending in “-ly” — e.g.: o “And it doesn’t require an unwieldly [read ‘unwieldy’], lengthy tournament to improve the situation.” Mark Kiszla, “Nittany Lions Left with Whine, Roses,” Denver Post, 3 Jan. 1995, at C1. o “The

Miscellaneous Entries. typography; topography. “Typography” = the study and techniques of using type in printing, esp. as a designer or a typesetter. “Topography” = the three-dimensional shape of terrain. On occasion the first word gets misused for the second — e.g.: “The highest and best use of the property is the mining of limestone, says

untrammeled. “Untrammeled” = unfettered; free. A trammel is a restraint in the form of a net or shackle. E.g.: “When Bush leaves office . . . , the radical theory of untrammeled executive power propounded by his administration will leave, too.” Richard Just, “House Hold,” New Republic, 12 Mar. 2008, at 2. The traditional sense

unsupportable; insupportable. Both forms are standard and have been since they were first recorded in English in the 16th century. “Unsupportable” is about twice as common as “insupportable” in American print sources — e.g.: “[A]dding $212 a month for health insurance to food, transportation, and housing costs in this high-cost state might well prove an

unrelentlessly. *”Unrelentlessly” is a solecism for either “unrelentingly” or “relentlessly.” Ironically, this nonword literally suggests just the opposite of the intended meaning — e.g.: o “He has unrelentlessly [read ‘relentlessly’ or, better, ‘faithfully’] served as a committee person involved in parks and recreation, fire prevention, police and emergency services, highway management, budget control and youth

*unmercilessly. *”Unmercilessly” is a malapropism and nonword on the order of *”uncategorically.” “Mercilessly,” of course, is the word — e.g.: o “He worked with top-flight professionals and drilled them unmercilessly [read ‘mercilessly’].” David Richards, “That Fosse Flair,” Wash. Post, 27 Sept. 1987, at F12. o “They were joined in their crime by the ‘slashers’ who

Miscellaneous Entries. twofold, threefold, fourfold, and the like should each be spelled as one word. tying. So spelled — not *”tieing.” tyke (= a child, esp. a small boy) is the standard spelling. *”Tike” is a variant. typing; typewriting. “Typing” is the standard term for operating an alphanumeric keyboard whether done on a typewriter, a

unlike in. Though some critics have called the phrase a “gaucherie” and worse, “unlike in” — in which “unlike” takes on an adverbial sense — is now common in American and British English alike. Of all the instances in which “unlike” appears, it is followed by “in” about 2% of the time — meaning, statistically,

unleash. “Unleash” is premised on the analogy of letting a threatening or vicious animal off a leash. But a surprising number of writers have misunderstood that and written the meaningless *”unlease” — e.g.: o “But Mr. Williams unleases [read ‘unleashes’] a fiery temper at managers who fail to make budget.” Eric N. Berg, “Suntrust’s Florida

unkempt (2). Today: And “unkept.” Beginning in the mid-20th century, some writers and speakers began using “unkept” for “unkempt.” Most commonly, “unkept” appears (quite appropriately) in phrases such as “unkept promises,” “unkept commitments,” and “unkept vows” — e.g.: “The unkept vow involves the company’s stated intent to make its wildly popular AOL Instant Messenger (AIM)

unkempt (1). Today: Sense and Use. “Unkempt” is a word with a “lost positive,” one of those interesting negatives without a corresponding positive word (cf. “discombobulate,” “disgruntled,” “nondescript”). That is, the word *”kempt” is obsolete while “unkempt” thrives. (Perhaps this says something about the state of the world.) “Unkempt” means “uncombed, disheveled” (another word with

Miscellaneous Entries. tubful. The plural is “tubfuls” — not *”tubsful.” Tucsonan; *Tucsonian; *Tucsonite. The first is standard; the others are needless variants. tunable. So spelled — not “tuneable.” tunnel, vb., makes “tunneled” and “tunneling” in American English, “tunnelled” and “tunnelling” in British English. turf. The plural is “turfs” — not *”turves” (which is archaic). Turkmen.

United States. Part A: Number. A century ago, in American English, this proper noun had “ceased to have any suggestion of plurality about it.” Harry T. Peck, What Is Good English? 3, 16 (1899). That represented a change, though, from just 50 years before, when states’-rights particularism was rampant. Thus, much earlier even than 1850,

unique. Strictly speaking, “unique” means “being one of a kind,” not “unusual.” Hence the phrases *”very unique,” *”quite unique,” *”how unique,” and the like are slovenly. The Oxford English Dictionary notes that this tendency to hyperbole — to use “unique” when all that is meant is “uncommon, unusual, remarkable” — began in the 19th century.

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undue alarm. “Undue alarm” is not always an illogical phrase — e.g.: “Committee Chairman Richard Lugar (R-Ind.), sponsor of the legislation, said the CFTC was reacting with ‘perhaps undue alarm.’” Mike Dorning, “Futures Overseer Fights Plan to Ease Regulation,” Chicago Trib., 12 Feb. 1997, Bus. §, at 1 (implying that some amount of alarm might

Miscellaneous Entries. triumphant; triumphal. People are “triumphant” (= celebrating a triumph), but events and actions are “triumphal” (= of, relating to, or constituting a triumph). triumvir (= one of three officers forming an administrative or rulemaking group, which is called a “triumvirate”) forms the plural “triumvirs” or (less good) *”triumviri.” The word is pronounced /tri-UHM-vuhr/.