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15 Jul 2022, 11:45 am
See BLACK'S LAW DICTIONARY 94 (11th ed. 2019) (defining "alleged" as "[a]ccused but not yet tried <alleged murderer>"(emphasis added)); BRYAN A. [read post]
17 Jun 2022, 6:53 am
First and foremost, the panel’s interpretation ignores the “Whole-Text Canon” of statutory interpretation, an error that Justice Antonin Scalia and Bryan A. [read post]
27 Apr 2022, 7:28 am
Garner in “Reading Law: The Interpretation of Legal Texts. [read post]
19 Apr 2022, 12:37 pm
Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]
8 Apr 2022, 9:19 am
Court of Appeals for the Ninth Circuit, two on the New Orleans-based Fifth Circuit, and a chance to shift the balance of the Philadelphia-based Third Circuit.And see Baseball Caps & Unmade Beds: Judges Talk Virtual Decorum:A trio of federal judges warned lawyers at an American Bar Association conference in Austin, Texas, on Thursday to be aware of the ethical challenges and professional pitfalls caused by an uptick in virtual hearings and social media use in the courtroom.Second Circuit Judge… [read post]
12 Mar 2022, 4:08 am
” Martinez is following in the shoes of Bryan Garner, who has long argued that legal writing should reject its formalities, its jargon, its reliance on traditional phrases, in favor of normal language that’s easily understood. [read post]
4 Mar 2022, 9:42 am
ABA Journal has Bryan Garner shares brief-writing advice from the late Supreme Court Justice Wiley B. [read post]
Writing Truly Helpful Statements of the Case, with Assistance from Bryan Garner and Justice Rutledge
19 Feb 2022, 11:28 am
In my LRW II classes last week, we reviewed persuasive Statement of Fact headings. [read post]
20 Jan 2022, 10:19 am
Please read this 9th Circuit 2d Amendment opinion here in which Judge VanDyke pens the opinion, Judge Kleinfeld writes a concurrence (putting citations in footnotes a la Bryan Garner), and then Judge VanDyke also writes a concurring opinion with an alternative draft opinion, premised on the likelihood of an en banc challenge. [read post]
11 Jan 2022, 9:38 am
The firm argues (citing Antonin Scalia and Bryan Garner’s analysis of the “nearest reasonable antecedent”) that “such matter” refers back to “such determination” which refers back to “a determination under this section,” unmodified by the 30-day filing period. [read post]
22 Nov 2021, 5:00 am
That case was ridiculously easy, as I wrote in The Atlantic, but almost every term the Supreme Court faces much more difficult interpretative questions and, of course, the lower courts face these issues on a regular basis.There is a tremendous volume of legal scholarship on the proper way to read statutes as well as, sadly in my view, a book apparently used by many judges written by the late Justice Scalia and Bryan Garner called Reading Law: The Interpretation of Legal Texts. [read post]
8 Sep 2021, 6:58 am
Here’s the Wednesday morning read: ‘The Authority of the Court and the Peril of Politics’ Review: On Judicial Supremacy (Bryan Garner, The Wall Street Journal) The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates (Peter Canellos & Joel Lau, Politico) Texas Could Not Get Away With This Absent SCOTUS-Created Limits On Constitutional Adjudication (Michael Dorf, Dorf on Law) On Death Row in Texas, a Last Request: A Prayer and ‘Human… [read post]
7 Sep 2021, 5:09 pm
” Bryan A. [read post]
30 Aug 2021, 6:14 am
I wrote last March about Clearbrief, a first-of-its-kind product designed to strengthen your legal writing, and that was backed by some big-name early investors, including Mark Britton, the founder and former CEO of Avvo; Bryan Garner, legal writing expert and editor of Black’s Law Dictionary; and Bill Neukom, longtime Microsoft general counsel. [read post]
29 Jun 2021, 2:25 pm
This treatise by Justice Scalia and Bryan Garner has achieved canonical-status. [read post]
26 Jun 2021, 9:00 am
Like many, I am a fan of Bryan Garner’s works and of anything by Judge Ruggero J. [read post]
12 May 2021, 7:26 am
Starr, Martin Luther King III, and bestselling “Just Mercy” author Bryan Stevenson, have also urged the Governor to grant clemency. [read post]
22 Apr 2021, 9:41 am
Bryan Steil (R-Wis)); (2) strike the Congressional findings, which purportedly denied that materiality was already part of the SEC’s disclosure regime (Rep. [read post]
22 Apr 2021, 6:42 am
"It’s hard not to mythologize Bryan A. [read post]
7 Apr 2021, 12:23 pm
• David Edward Garner, 71, of League City, died January 18, 2021. [read post]
