Friday, April 11, 2008

Why I might have to take a vacation day on 28 April

On 28 April, Thomson West will be releasing Antonin Scalia & Bryan A. Garner, Making Your Case: The Art of Persuading Judges (2008). WOW!

Here's a description of the book, courtesy of

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.

The 269-page volume costs $29.95 on Amazon and can be pre-ordered here. Sorry, but I can't offer you comparison shopping; it isn't listed on (or, for that matter).

Here's a link to a wonderful article describing Justice Scalia's and Guru Garner's collaboration.


Anonymous said...

Caaflog, I'm curious, CAAF grants almost never comply with Garner's writing recommendations. Do you ever think that the appellate community is just borrowing, stealing, cutting-and-pasting, and otherwise just perpetuating the 1950s stale verbage assembly line?

1. People like plain language and common sense.
2. Judges are people.
3. Judges like plain language and common sense.

Does that work?

Anonymous said...

Error in premise. Judges magically transform from real people to royalty once they don the black robe. It's a curse.