point taken how to write like the world s best judges

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Point Taken

Author : Ross Guberman
ISBN : 9780190268589
Genre : Legal briefs
File Size : 38. 13 MB
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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. 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. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.

Point Made

Author : Ross Guberman
ISBN : 9780199943852
Genre : Law
File Size : 37. 83 MB
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In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

Opinion Writing

Author : Ruggero J. Aldisert
ISBN : 9781438982274
Genre : Law
File Size : 53. 70 MB
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This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating

Thinking Like A Writer

Author : Stephen V. Armstrong
ISBN : 1402411286
Genre : Law
File Size : 81. 14 MB
Format : PDF
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Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing gives you the specialized knowledge and techniques to draft clear and compelling legal documents, no matter how complicated the issues involved.

Deal Struck

Author : Ross Guberman
ISBN : 0692296182
Genre : Contracts
File Size : 24. 79 MB
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A Tremor Of Bliss

Author : Mark Judge
ISBN : 9780385529518
Genre : Religion
File Size : 51. 36 MB
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Up to the current day, matters of sexual morality—including contraception, abortion, premarital sex, and gay marriage—have polarized the Catholic Church. In the wake of the turmoil of the 1960s, when liberal theologians challenged the Church’s traditional views on the subject, a schism has opened. Much of the world, and many Catholics themselves, believe that the views of each camp are clear and well defined. As Mark Judge reveals in this trenchant and illuminating defense of the teachings of his Church, this is far from the case. Without sensationalism, Judge is candid here about his personal journey from the playgrounds of the sexual revolution to his eventual belief in the need to combine sexuality with love and commitment to another person, not as an end in itself but rather as a particularly direct means of opening oneself up to God’s love. He also sees support for the Christian theology on love in a seemingly unlikely place: rock music. He delves into the Church’s teachings on sexual matters, going back to the time of Saint Augustine, Saint Thomas Aquinas, Saint John of the Cross, and Pope John Paul II while also acquainting us with more contemporary voices from within the Church—as well as from the pop charts. From the Trade Paperback edition.

So Ordered

Author : Jill Barton
ISBN : 9781454892618
Genre : Law
File Size : 29. 15 MB
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This textbook offers concise guidance on how to become a successful judicial writer using common judicial documents, including bench memos, trial court orders, jury instructions, appellate opinions, dissents, and concurrences. So Ordered explains how to conceive, express, and revise each of the principal parts of these documents, from the case caption and introduction to the legal analysis and conclusion. Handpicked, annotated examples from the nation’s best judicial writers will inspire students to develop successful legal writing strategies and craft well-polished documents. A straightforward, accessible textbook that shows—rather than tells—students how to approach their writing assignments with care, So Ordered instills valuable lessons on lawyering that students can draw on throughout their careers.

A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 46. 50 MB
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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. According to U.S. Supreme Court Justice Antonin Scalia, 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, 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. 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. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. 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. 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, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Behind The Bench

Author : Debra Strauss
ISBN : 1628103825
Genre :
File Size : 29. 88 MB
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Author Debra M. Strauss explains all aspects of clerkships in this new 15th anniversary edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out. Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all aspects of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. With updated information and new resources, this is an indispensable handbook for every law student and potential judicial clerk!

Henry Friendly Greatest Judge Of His Era

Author : David M. Dorsen
ISBN : 9780674064935
Genre : Biography & Autobiography
File Size : 64. 18 MB
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Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

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