Bryan A. Garner

Accreditation Appeal²

* How many of Above the Law’s Scalia groupies tuned in to watch the opinionated Supreme Court justice on Piers Morgan last night? Now we all know what Justice Scalia’s favorite pasta dish is! [CNN]

* In other news, the Supreme Court’s approval rating has dropped even lower in the wake of the Affordable Care Act decision — just 41% of Americans are satisfied with SCOTUS. [New York Times]

* Dewey know if D&L is going to be able to pay out bonuses and retention fees? Not if the U.S. Trustee can help it. They’re not “cost effective or economically feasible” — go figure. [Bloomberg]

* City records for Boaz Weinstein’s and Tali Farhadian Weinstein’s $25.5M lawyerly lair have officially hit the books. Not too shabby for a federal prosecutor. [New York Observer]

* “I am not a racist. I am not a murderer.” George Zimmerman sat down for an interview with Sean Hannity to tell his side of the story. Prosecutors must be thanking Zimmerman’s attorney for this gift. [Orlando Sentinel]

* Duncan Law is appealing its accreditation appeal before the American Bar Association’s Section of Legal Education and Admissions to the Bar. This must be the three strikes approach to accreditation. [ABA Journal]

* Give this undocumented immigrant one of the documents he’s earned. Immigration law professors are lining up to support Sergio Garcia’s attempt to win admission to the California bar. [National Law Journal]

* California’s foie gras ban will remain in effect due to the lack of a “satisfactory explanation” as to why a TRO should be granted. Sorry, but wanting to eat classy French food isn’t a good enough reason. [Businessweek]

In case you’re wondering, there was no major news out of the U.S. Supreme Court this morning. Our friends at SCOTUSblog predict that opinions in the marquee cases, such as the Arizona immigration case and the health care reform case (aka Obamacare), will be issued next week. (Above the Law’s own Supreme Court correspondent, Matt Kaiser, should have a more detailed write-up of this morning’s proceedings later today.)

But we do have some SCOTUS-related news to mention this morning (and not just the latest in law clerk hiring). Did you know that Justice Antonin Scalia has a new book out, hitting stores tomorrow?

double red triangle arrows Continue reading “Justice Scalia and Bryan Garner on the Interpretation of Legal Texts”

Welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of legal writing and English grammar and usage over to our readers for discussion and debate.

Last week, we learned that 59% of our readers would never use “their” in the place of “his or her” when referring to a gender-neutral singular noun. After all, using “their” might sound better, but that certainly doesn’t make it the right word choice.

And that brings us to the topic of this week’s Grammer Pole, which came to me while I was listening to Metallica yesterday afternoon. Guys in heavy metal bands know when to use “whom,” so why don’t lawyers? Because sometimes, it just sounds better when you’re wrong….

double red triangle arrows Continue reading “Grammer Pole of the Weak: For ‘Who’ the Bell Tolls?”

In last week’s Grammer Pole, you voted to overwhelmingly approve the use of split infinitives. Fifty-three percent of Above the Law readers said that splitting infinitives is acceptable, even if it should be done sparingly. An additional forty percent said, “Yes. It’s great to liberally split infinitives!”

This suggests to me that ATL readers are a pragmatic bunch when it comes to language. You’re not hung up on hoary rules that don’t serve a practical purpose in communication.

I think I can guess, then, what you think of the injunction against ending a sentence with a preposition….

double red triangle arrows Continue reading “Grammer Pole of the Weak: Ending Sentences With Prepositions”

In an event I did a few years ago at the University of Chicago with Judge Richard Posner (check out the podcast here), Judge Posner tossed out a delicious little blind item. He mentioned a federal judge in Chicago who would fire law clerks for what she viewed as a very grave offense: splitting infinitives in written work product.

But is splitting infinitives really such a crime?

double red triangle arrows Continue reading “Grammer Pole of the Weak: Split Infinitives”

It’s Friday, Friday, gotta talk about grammar on Friday. Welcome back to Grammer Pole of the Weak, a column where we turn questions of English grammar and usage over to our readers for discussion and debate.

Last week, we discovered that 75% of our readers love to use substantive footnotes in their legal writing. Aww, Scalia would be so proud.

And speaking of Scalia, we’ve given him a little too much time in the limelight in this series. So, this week, we’re going to turn to an issue of grammar with some stylistic flair that was brought to our attention by another member of SCOTUS….

double red triangle arrows Continue reading “Grammer Pole of the Weak: The Case of That v. Which”

In Grammer Pole of the Weak — yes, “Grammer” is intentionally misspelled, as are “Pole” and “Weak” — we consider questions of English grammar and usage. Last week, for example, we looked at a fun an interesting topic: the adjectival use of “fun” (which over 85 percent of you support, even if traditionalists frown upon it).

But we’d like the column’s purview to extend beyond grammar and usage. We’ll also tackle issues related to legal writing, in terms of both style and mechanics. Feel free to email us with suggested subjects for future Grammer Poles.

Today’s subject is one on which there’s a split of authority, between two co-authors of a leading legal writing book….

double red triangle arrows Continue reading “Grammer Pole of the Weak: Substantive Footnotes”

Everybody’s working for the weekend. But for now, while you’re still stuck at work, you should take a look at our latest Grammer Pole of the Weak, a column where we turn questions of English grammar and usage over to our readers for discussion and debate.

Last week, we found out that even federal judges are capable of creating fugly new words. Chief Judge Kozinski, stop trying to make “dissental” and “concurral” happen. They’re not going to happen!

This week, we’ve got a lighter topic to discuss. Do you have any fun weekend plans? If you do, you might want to reconsider your usage of the word “fun”….

double red triangle arrows Continue reading “Grammer Pole of the Weak: Got Any Fun Weekend Plans?”

In our most recent Grammer Pole of the Weak, over two-thirds of you voted against the use of gender-neutral language, opting instead for the historic use of “he,” “him,” and “his” to cover both sexes. In the poll before that one, over 80 percent of you voted in favor of the serial comma. These results suggest that Above the Law readers are traditionalists in matters of grammar, usage, and writing style.

But back in August, 60 percent of you said that you are all right with “alright.” So perhaps ATL readers are open to the evolution of the English language and the creation of new words.

How do y’all feel about neologisms? Let’s look at two new words, coined by none other than the newly svelte Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit….

double red triangle arrows Continue reading “Grammer Pole of the Weak: ‘I Respectfully Dissental’”

Happy Friday, and welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of English grammar and usage over to our readers for discussion and debate.

Last week, we discovered that 82% of our readers are willing to strangle, maim, and kill over the use of the serial comma. Take that, AP Stylebook heathens!

This week, we’re turning to a more contentious issue: the use of gender-neutral language in law practice and legal writing. Interestingly enough, experts disagree on the matter.

Bros, should you be kind to the ladies when you’re using indefinite pronouns?

double red triangle arrows Continue reading “Grammer Pole of the Weak: Gender-Neutral Language and You”

Page 2 of 3123