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Making Your Case: The Art of Persuading Judges by Antonin Scalia
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Making Your Case: The Art of Persuading Judges

by Antonin Scalia

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66182,472 (3.92)None
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A good collection of over 100 tips to improve brief writing and oral advocacy. None were new or earth-shattering or slap-your-head brilliant, but mostly basic advice that preaches respect for the court and excellence from the attorney.

My one complaint is that there were very few *specific* examples for each point raised. Of course, some would have been impossible (#35: Revise your brief). But when the examples did appear, they were very helpful in explaining the "rule" in more detail.

Perhaps the most interesting points in the book were when the authors disagreed (over the use of contractions, the use of non-sexist language, the use of substantive footnotes, and the use of citations in footnotes). The back-and-forth arguments were compelling -- it might have been an even better book if the authors had found more to disagree about!

[This was a complimentary copy sent by the publisher.] ( )
legallypuzzled | Sep 3, 2008 | 1 vote
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Epigraph
"Experience is undoubtedly a great teacher, yet it may be counterproductive if what has been cultivated and refined are bad habits. The point is that excellence is the product of the diligent study and application of sound principles, not simply the accumulation of time logged in . . . courts." T.W. Wakeling (1979). Even so: "No rules in the handbooks are capable in themselves of making brilliant performances out of thos who intend to dispense with practice and exercise." Dionysius of Halicarnassus (ca. 30 B.C.)

Dedication
To our parents: S. Eugene Scalia (1903-1986), Catherine L. Scalia (1905-1985), Gary Thomas Garner (b. 1930), Mariellen Griffin Garner (1931-1994).
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Amazon.com Product Description (ISBN 0314184716, Hardcover)

In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any 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. Finally, they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.

(retrieved from Amazon Fri, 24 Apr 2009 07:58:24 -0400)

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