In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. Finally, they show what it takes to succeed in oral argument.
Scalia and Garner's Reading Law: The Interpretation of Legal TextsWest #ad - The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. In this groundbreaking book, statutory, scalia and Garner systematically explain all the most important principles of constitutional, and contractual interpretation in an engaging and informative style – with hundreds of illustrations from actual cases.
Scalia and Garner's Reading Law: The Interpretation of Legal Texts #ad - Is a burrito a sandwich? is a corporation entitled to personal privacy? If you trade a gun for drugs, 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, lucid, and reliable techniques for deriving meaning from authoritative texts.
Point Made: How to Write Like the Nation's Top AdvocatesOxford University Press #ad - In fcc v. Fox, kathleen sullivan conjures the potentially dangerous, for example, unintended consequences of finding for the other side the "Why Should I Care?" technique. Circuit Judge. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout.
Their strategies, learnable techniques, demystified and broken down into specific, become a detailed writing guide full of practical models. 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.
Point Made: How to Write Like the Nation's Top Advocates #ad - 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. 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, Judy Clarke, Larry Robbins, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, and Sri Srinvasan, and Lisa Blatt to Joshua Rosencranz, now a D. C. Ross guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases.
With point made, ross guberman, throws a life preserver to attorneys, legal writing expert, who are under more pressure than ever to produce compelling prose.
Legal Writing in Plain English, Second Edition: A Text with Exercises Chicago Guides to Writing, Editing, and PublishingUniversity of Chicago Press #ad - 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. Accessible and witty, legal writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience.
He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. Its reputation for obscurity and needless legalese is widespread. Garner’s legal writing in plain english has helped address this problem by providing lawyers, law students, paralegals, judges, and legal scholars with sound advice and practical tools for improving their written work.
Legal Writing in Plain English, Second Edition: A Text with Exercises Chicago Guides to Writing, Editing, and Publishing #ad - . His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. Trenchant advice covers all types of legal materials, intermediate, from analytical and persuasive writing to legal drafting, 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, and powerful—all too often, down-to-earth, concise, legal writing embodies none of these qualities. Since 2001 Bryan A.
A Matter of Interpretation: Federal Courts and the Law - New Edition The University Center for Human Values Series Book 47Princeton University Press #ad - Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself.
. Supreme court justice antonin scalia, straight-arming another one on his right, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, high-stepping away from another precedent about to tackle him from the rear, 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.
A Matter of Interpretation: Federal Courts and the Law - New Edition The University Center for Human Values Series Book 47 #ad - According to U. S. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, and legacy, jurisprudence, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every TimeSt. Martin's Press #ad - You learn the power of your own fear, yes, of honesty and caring and, of love. You are shown that your emotions, and theirs, are the source of your winning. Then he leads you through the new, discover the point of view of the decision maker, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument.
Spence teaches you how to prepare yourselves for these wars. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, their cross-examinations, the presentation of witnesses, the opening statement, and finally to the closing argument itself.
Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time #ad - Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. Gerry spence is perhaps america's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people.
. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, at last, and, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, or a customer, a jury, a boss, Win Your Case is an indispensable guide to success in every walk of life, a committee, in and out of the courtroom.
In win your case, the sales call, the boardroom, spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek.
The Tools of Argument: How the Best Lawyers Think, Argue, and WinCreatespace Independent Publishing Platform #ad - If you are a law student or new lawyer, this book will boost your analytical thinking, a business professional or a government official, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself. . Joel trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law.
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. Guberman shares his style "must haves", varied, confident, and that make opinions more vivid, a bounty of edits at the word and sentence level that add punch and interest, and enjoyable.
. 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 - He also outlines his style "Nice to Haves", examples, allusions, similes, metaphors, analogies, and rhetorical figures. Guberman offers strategies for pruning clutter, adopting a narrative voice, emphasizing key points, adding background, and guiding the reader through visual cues. Finally, extracting the best practices for dissents based on facts, doctrine, he addresses the thorny problem of dissents, or policy.
The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, including or avoiding footnotes, marshaling authorities, using headings, and finessing transitions. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.
The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate CourtsOxford University Press, USA #ad - Good legal writing wins court cases. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, judges, law clerks, law students and their teachers, paralegals, accessibility, The Winning Brief has the qualities that make all of Garner's books so popular: authority, and page after page of techniques that work.
Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing.
Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. In garner's view, good writing is good thinking put to paper. Beginning each tip with a set of quotable quotes from experts, drafting crisp sentences, he then gives masterly advice on building sound paragraphs, choosing the best words "Strike pursuant to from your vocabulary.
The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts #ad - Citing sources, quoting authority, and designing a document that looks as impressive as it reads. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, orderly, these tips add up to the most compelling, and visually appealing brief that an advocate can present.
It its first edition, the Winning Brief proved that the key to writing well is understanding the judicial readership.
The Articulate Advocate: Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and MotionsCrown King Books #ad - This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals. Combining fact with know-how to persuade judges, gesture while speaking, grab and hold the fact finder’s attention, juries, and arbitrator, speaking in phrases, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, and polishing the persuasive style.
An advocate may know what to say but is only effective when he or she knows how to be persuasive. Based on 25 years of experience from coaching practitioners, gesture studies, linguistics, neuroscience, this guide integrates cutting edge discoveries in human factors, and sports psychology to give litigators a competitive edge.