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“Potshots and hyperbole”?
Did you hear about the federal judge who called out the “potshots and hyperbole” in a motion and asked counsel to refile? BriefCatch and I spent about an hour trying to help. Here’s the result if you simply cut hyperbole,…
Justice Ginsburg the Writer: Something in Between
“Delighted to see the Supreme Court is interested in beer drinkers,” wrote Ruth Bader Ginsburg, then the 42-year-old head of the ACLU’s Women’s Rights Project and a professor at Columbia Law. Her correspondent: Fred Gilbert, counsel for Oklahoma college student…
Five Ways to Write Like Justice Scalia
Who are the best writers in Supreme Court history? Poll a hundred lawyers, and just about all of them will put the late Justice Antonin Scalia in their top five. Some may quibble with his judicial philosophy, but no one…
Five Ways to Write Like D.C. Circuit Judge Patricia Millett
I often tell lawyers to purge their writing of Latinisms: why say “inter alia” when “among other things” would do, or “assuming arguendo” when you mean “even if”? But there are exceptions to every rule, as Judge Patricia Millett of…
Hyphen Nation
What’s the difference between a “little used car” and a “little-used car”? Between “more critical attacks” and “more-critical attacks”? Or, for that matter, between “toxic tort litigation” and “toxic-tort litigation”? Friends don’t let friends worry about what modifies what. That’s…
The Best Briefs: What AI Reveals
Curious what top brief-writers do differently from the rest of us? This AI-powered study shares concrete, practical solutions. View on FlippingBook.com.
Lighten Up: John Roberts the Brief-Writer
An easy way to make your brief-writing more appealing? Shun deadweight openers—however, additionally, consequently, accordingly. That technique has worked wonders for the Chief Justice, who Justice Ginsburg once said was the greatest appellate advocate of his generation. Back in his…
What Makes for “Brilliant” Writing?
Democratic stalwarts Seth Waxman and Lloyd Cutler, along with 156 prominent lawyers, signed a letter attesting to John Roberts’s reputation as a “brilliant writer.” Thanks to Roberts’s recent confirmation, many people now know about the letter. But what is it…
Just Between You and Me
Looking to start a fight between two corporate attorneys? Ask whether an agreement is made between Tom, Dick, and Harry—or among Tom, Dick, and Harry. Many lawyers cling to junior-high grammar rules, which would dictate agreements between two parties and among three or more. Think metaphorically instead: Is…
Kagan’s Power of Examples
“Kagan May Be Dangerous,” wrote the Wall Street Journal’s “Best of the Web” early on in her tenure. More politics as usual? Not at all. The popular right-leaning blog meant “dangerous” as a grudging compliment to the left-leaning Justice, who…