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Tag Archives: The Green Bag

Posner Asks What is Obviously Wrong with the Federal Judiciary. Is This A Trick Question?

09 Thursday Jun 2016

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Law, Citations, Federal Judges, Judges, Legal Analysis, Legal Argument, Legal Writing, The Bluebook

≈ Comments Off on Posner Asks What is Obviously Wrong with the Federal Judiciary. Is This A Trick Question?

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Appellate Judges, Hon. Richard Posner, Legal Writing, The Bluebook, The Green Bag

What Is Obviously Wrong With The Federal Judiciary, Yet Eminently Curable, Part I, by Richard Posner, 188 19 GREEN BAG 2D 187 (with hat tip to William P. Statsky) (The Green Bag is Quarterly Legal Journal dedicating to good legal writing, supported in part by the George Mason University School of Law)

http://www.greenbag.org/v19n2/v19n2_articles_posner.pdf

If you’re looking for a good Bluebook bashing, here it is. -CCE

At the level of form, the first thing to do is burn all copies of the Bluebook, in its latest edition 560 pages of rubbish, a terrible time waster for law clerks employed by judges who insist as many do that the citations in their opinions conform to the Bluebook; also for students at the Yale Law School who aspire to be selected for the staff of the Yale Law Journal – they must pass a five-hour exam on the Bluebook. Yet no serious reader pays attention to citation format; all the reader cares about is that the citation enable him or her to find the cited material. Just by reading judicial opinions law students learn how to cite cases, statutes, books, and articles; they don’t need a citation treatise. In the office manual that I give my law clerks only two pages are devoted to citation format. [Footnotes omitted; emphasis added.]

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Another Kimble Legal Writing Example – This Is How You Do It.

29 Thursday Jan 2015

Posted by Celia C. Elwell, RP in Editing, Legal Writing

≈ Comments Off on Another Kimble Legal Writing Example – This Is How You Do It.

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Joseph Kimble, Judith D. Fischer, Legal Writing, Legal Writing Prof Blog, Legalese, The Green Bag

Lawyers Are Poor Drafters, by Judith D. Fischer, Legal Writing Prof Blog

http://lawprofessors.typepad.com/legalwriting/2015/01/lawyers-are-poor-drafters.html

Most lawyers are poor drafters, writes Professor Joseph Kimble of Western Michigan University-Cooley Law School. In a recent article, Kimble identifies two key reasons for this: law schools have tended to neglect legal drafting, and lawyers often mimic the antiquated language in form books and poorly drafted statutes. To illustrate the problem, Kimble offers a court order prepared by lawyers and judges at a recent symposium. Displaying the order and his revised version side by side, he points out, among other things, that the original has 125 words more than the revision; the original includes several legalese phrases, such as pursuant to; and the original includes unnecessary cross-references. For his full analysis, see You Think Lawyers Are Good Drafters? in the autumn 2014 issue of The Green Bag.

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