Is a burrito a sandwich? is a corporation entitled to personal privacy? If you trade a gun for drugs, lucid, are you “using a gun” in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, and reliable techniques for deriving meaning from authoritative texts.
Scalia and Garner's Reading Law: The Interpretation of Legal Texts #ad - Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence.
Scalia and Garner's Making Your Case: The Art of Persuading Judges#ad - Finally, they show what it takes to succeed in oral argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument.
. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively.
A Matter of Interpretation: Federal Courts and the Law - New Edition The University Center for Human Values Series Book 47Princeton University Press #ad - Supreme court justice antonin scalia, high-stepping away from another precedent about to tackle him from the rear, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, until bravo! he reaches the goal—good law.
But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history.
In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand.
A Matter of Interpretation: Federal Courts and the Law - New Edition The University Center for Human Values Series Book 47 #ad - Scalia then extends this principle to constitutional law. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by professors Gordon Wood, and Ronald Dworkin, Mary Ann Glendon, Laurence Tribe, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints.
Scalia Speaks: Reflections on Law, Faith, and Life Well LivedCrown Forum #ad - Scalia and the justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. Christopher J. This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, virtue, pastimes, faith, and his heroes and friends.
He was a sought-after speaker at commencements, convocations, and events across the country. Scalia speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.
Scalia Speaks: Reflections on Law, Faith, and Life Well Lived #ad - Featuring a foreword by longtime friend justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published.
Garner's Modern English UsageOxford University Press #ad - He discourages whatever is slovenly, pretentious, or pedantic. Gmeu is the liveliest and most compulsively readable reference work for writers of our time. In this fourth edition, garner has made extensive use of corpus linguistics to include ratios of standard terms as compared against variants in modern print sources.
Garner liberates english from two extremes: both from the hidebound "purists" who mistakenly believe that split infinitives and sentence-ending prepositions are malfeasances and from the linguistic relativists who believe that whatever people say or write must necessarily be accepted. The judgments here are backed up not just by a lifetime of study but also by an empirical grounding in the largest linguistic corpus ever available.
Garner's Modern English Usage #ad - No other resource provides as comprehensive, reliable, and empirical a guide to current English usage. For all concerned with writing and editing, GMEU will prove invaluable as a desk reference. It delights while providing instruction on skillful, persuasive, and vivid writing. No matter how knowledgeable you may already be, you're sure to learn from every single page of this book.
Garner explains the nuances of grammar and vocabulary with thoroughness, finesse, and wit. With more than a thousand new entries and more than 2, 300 word-frequency ratios, the magisterial fourth edition of this book-now renamed Garner's Modern English Usage GMEU-reflects usage lexicography at its finest.
Garner illustrates with actual examples, cited with chapter and verse, whether in word choice, syntax, phrasing, all the linguistic blunders that modern writers and speakers are prone to, punctuation, or pronunciation.
Legal Writing in Plain English, Second Edition: A Text with Exercises Chicago Guides to Writing, Editing, and PublishingUniversity of Chicago Press #ad - Garner’s legal writing in plain english has helped address this problem by providing lawyers, judges, law students, paralegals, and legal scholars with sound advice and practical tools for improving their written work. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward.
He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. Now the leading guide to clear writing in the field, create and refine prose, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, and improve editing skills.
Legal Writing in Plain English, Second Edition: A Text with Exercises Chicago Guides to Writing, Editing, and Publishing #ad - Accessible and witty, legal writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Since 2001 Bryan A. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, intermediate, and the book’s principles are reinforced by sets of basic, and advanced exercises in each section.
In this new edition, garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. Admirably clear, concise, and powerful—all too often, down-to-earth, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread.
Point Made: How to Write Like the Nation's Top AdvocatesOxford University Press #ad - Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models.
In fcc v. Arguing against allowing the fcc to continue fining broadcasters that let the "F-word" slip out, "discouraging live programming altogether, she highlights the chilling effect these fines have on America's radio and TV stations, with attendant loss to valuable and vibrant programming that has long been part of American culture.
Each chapter of point made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Circuit Judge. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout.
Point Made: How to Write Like the Nation's Top Advocates #ad - Short examples and explanations with engaging titles--"Brass Tacks, " "Russian Doll"--deliver weighty materials with a light tone, " "Talk to Yourself, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, texas senator ted Cruz, and Lisa Blatt to Joshua Rosencranz, and Sri Srinvasan, Deanne Maynard, Larry Robbins, Judy Clarke, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, now a D.
Scalia's Court: A Legacy of Landmark Opinions and DissentsRegnery Publishing #ad - Now, kevin ring, as republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, former counsel to the U. S. Attorney general put it, it is for the rest of America to worry about his legacy—and to care. I don’t worry about my legacy, ” Scalia once told an audience at the National Archives.
Senate’s constitution subcommittee, philosophy, has taken a close look at the cases that best illustrate Scalia’s character, and legacy. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.
Scalia's Court: A Legacy of Landmark Opinions and Dissents #ad - The passing of this brilliant jurist is a great loss, but his writings—with their plain language and constitutional moorings—will guide generations to come. Speaker of the house paul Ryan The sudden passing of Justice Antonin Scalia shook America. In scalia’s court: a legacy of landmark opinions and dissents, ring collects scalia’s most memorable opinions on free speech, race, the rights of the accused, religious freedom, abortion, separation of powers, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence.
Just do your job right, and who cares?” Now that "the lion of American law has left the stage, ” as the U. S. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat.
Active Liberty: Interpreting Our Democratic ConstitutionVintage #ad - A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer. For justice breyer, the constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. Indeed, the constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone.
As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
A Republic, If You Can Keep ItCrown Forum #ad - He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, justice gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process.
New york times bestseller • justice neil gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As benjamin franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose.
He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He replied, “a republic, if you can keep it. In this book, speeches, justice neil Gorsuch shares personal reflections, and essays that focus on the remarkable gift the framers left us in the Constitution.
Justice gorsuch draws on his thirty-year career as a lawyer, judge, teacher, its separation of powers, and justice to explore essential aspects our Constitution, and the liberties it is designed to protect. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic.
A Republic, If You Can Keep It #ad - A republic, his thoughts on our constitution’s design and the judge’s place within it, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.
Point Taken: How to Write Like the World's Best JudgesOxford University Press #ad - In point taken, ross guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Finally, extracting the best practices for dissents based on facts, he addresses the thorny problem of dissents, doctrine, or policy. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues.
Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance.
Point Taken: How to Write Like the World's Best Judges #ad - Guberman shares his style "must haves", confident, varied, and that make opinions more vivid, a bounty of edits at the word and sentence level that add punch and interest, and enjoyable. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, marshaling authorities, using headings, including or avoiding footnotes, and finessing transitions.
The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges. He also outlines his style "Nice to Haves", metaphors, allusions, analogies, examples, similes, and rhetorical figures.