Impeachment language is stuffy and overwrought, and the middling BriefCatch scores for the new Resolution reflect that:     But even if we can’t punch up the prose here, all hope isn’t lost. We could fix this verb-form error and punctuation glitch:     We could use American punctuation conventions, clarify sources, and reconsider…

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Originally written in March 2016 We’ve heard a lot about Merrick Garland’s sterling CV and seasoned age, but how does he fare as an opinion writer? For clues, I pored over his 2013 opinion in ACLU v. CIA, a Freedom of Information Act case about whether the CIA could refuse to confirm or deny that it had records related to…

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These paid internships are for law students and recent graduates with a strong interest and exceptional skills in legal writing, research, and legal tech. Projects will include these and others: Research and writing related to completing new editions of Point Made and Point Taken Testing legal documents using BriefCatch Creating and formatting e-learning on legal…

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Today’s judges pepper their opinions with nods to Marie Kondo, Breaking Bad, Bob Dylan, and Dr. Seuss. Were the old-timers missing a populist touch? You be the judge. I did some pop-culture research to predict how three great opinions might have read differently. Marbury v. Madison (1803) Just as Johnny Appleseed has the last word…

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In the holiday spirt, the Vice Chancellor Laster just sent contract drafters a gift: His new blockbuster COVID-related decision “edits” the Material Adverse Effect definition driving the M&A dispute. Here’s the original, the court’s discussion, a redline, and a revised version. Do you agree that the language the Court of Chancery suggests cutting is “obviously…

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Here are 50 writing challenges based on the 50 techniques in my Point Made: How to Write Like the Nation’s Top Advocates. Enjoy! Introductions Brass Tacks. In one sentence each, answer these five questions about a dispute: Who are the parties and what is their relationship? What question does the dispute seek to answer? When…

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