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Point taken : how to write like the world's best judges / Ross Guberman.

By: Material type: TextTextPublisher: Oxford : Oxford University Press, [2015]Edition: First editionDescription: 1 online resource (xxvi, 348 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780190268596
  • 019026859X
Subject(s): Genre/Form: Additional physical formats: Print version:: Point taken.DDC classification:
  • 808.06/634 23
LOC classification:
  • KF251 .G834 2015
Online resources:
Contents:
Cover; Point Taken; Copyright; Dedication; Contents; Introduction; Part one Set the Stage: The Opening; Teaser Opener: Succinct and Unresolved; Jed Rakoff, Garcia v. Bloomberg; Lady Hale, Dunhill v. Burgin; Antonin Scalia, Smith v. United States; Michael Ponsor, Thomas v. Consolidated Rail Corp.; Roger Traynor, Drennan v. Star Paving Co.; Lord Denning, Cummings v. Granger; Alex Kozinski, Flowers v. Carville; John Roberts, Blueford v. Arkansas; Teaser Practice Pointers; Trailer Opener: Detailed and Unresolved; Richard Posner, Cecaj v. Gonzalez; Alex Kozinski, Mattel v. MCA Records.
Michael Musmanno, Schwartz v. Warwick-Phila Corp. Michael Kirby, Green v. the Queen, dissenting; D.P. Marshall, Little Rock School Dist. v. North Little Rock School Dist.; Learned Hand, Cheney Bros. v. Doris Silk Corp.; Diane Wood, JCW Investments v. Novelty; Trailer Practice Pointers; Sound Bite Opener: Succinct and Resolved; Patricia Wald, Hubbard v. EPA; Marsha Berzon, Reed v. Massanari; Benjamin Goldgar, In re Earley; Elena Kagan, Florida v. Harris; Ruth Bader Ginsburg, United States v. Virginia; Shira Scheindlin, New York Magazine v. Metropolitan Transit Authority.
Sound Bite Practice PointersOp-Ed Opener: Detailed and Resolved; Beverly McLachlin, Seaboyer v. H.M. the Queen; John Roberts, Attorney General's Office v. Osborne; Ruth Bader Ginsburg, Astrue v. Capato; Marsha Berzon, United States v. Trimble; Benjamin Goldgar, In Re Brent; Michael Ponsor, United States v. Watts; Op-Ed Practice Pointers; Part two The Tale: The Facts; Robert Megarry, In re Vandervell's Trusts (No 2); Lord Denning, In re Vandervell's Trusts (No 2); The Signal and the Noise: Cut Clutter; Benjamin Cardozo, Palsgraf v. Long Island Rail Road; Patricia Wald, United States v. Morris.
Benjamin Goldgar, In re BrentJan Paulsson, Pantechniki S.A. Contractors & Engineers (Greece) v. Republic of Albania; Richard Posner, University of Notre Dame v. Sebelius; Roger Traynor, Drennan v. Star Paving Co.; Oliver Wendell Holmes Jr., Baltimore & Ohio R.R. v. Goodman; Patricia Wald, Hubbard v. EPA; Michael Ponsor, United States v. Binette; Brett Kavanaugh, Belize Social Development Ltd. v. Government of Belize, dissenting; Edward Carnes, Ash v. Tyson; Alex Kozinski, Mattel, Inc. v. MCA Records, Inc.; D.P. Marshall, Jr., Little Rock School Dist. v. North Little Rock School Dist.
Big Picture: Add Background Shine a Light: Emphasize Key Facts; Michael McHugh, Green v. The Queen; Michael Kirby, Green v. The Queen, dissenting; Do You See What I See: Adopt a Narrative Voice; Diane Wood, JCW Investments v. Novelty, Inc.; Richard Posner (sitting by designation), Apple v. Motorola; Lord Denning, Cummings v. Granger; Clean-Up: Enhance Visual Appeal; Frank Easterbrook, FTC v. QT, Inc.; Benjamin Goldgar, In Re Brent; Michael Ponsor, Angiodynamics, Inc. v. Biolitec, Inc.; Michael Kirby, Green v. The Queen; Practice Pointers for Fact Statements.
Summary: "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"--Publisher's website.
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Online resource; title from PDF title page (EBSCO, viewed July 23, 2015).

Includes bibliographical references (pages 331-333) and index.

Cover; Point Taken; Copyright; Dedication; Contents; Introduction; Part one Set the Stage: The Opening; Teaser Opener: Succinct and Unresolved; Jed Rakoff, Garcia v. Bloomberg; Lady Hale, Dunhill v. Burgin; Antonin Scalia, Smith v. United States; Michael Ponsor, Thomas v. Consolidated Rail Corp.; Roger Traynor, Drennan v. Star Paving Co.; Lord Denning, Cummings v. Granger; Alex Kozinski, Flowers v. Carville; John Roberts, Blueford v. Arkansas; Teaser Practice Pointers; Trailer Opener: Detailed and Unresolved; Richard Posner, Cecaj v. Gonzalez; Alex Kozinski, Mattel v. MCA Records.

Michael Musmanno, Schwartz v. Warwick-Phila Corp. Michael Kirby, Green v. the Queen, dissenting; D.P. Marshall, Little Rock School Dist. v. North Little Rock School Dist.; Learned Hand, Cheney Bros. v. Doris Silk Corp.; Diane Wood, JCW Investments v. Novelty; Trailer Practice Pointers; Sound Bite Opener: Succinct and Resolved; Patricia Wald, Hubbard v. EPA; Marsha Berzon, Reed v. Massanari; Benjamin Goldgar, In re Earley; Elena Kagan, Florida v. Harris; Ruth Bader Ginsburg, United States v. Virginia; Shira Scheindlin, New York Magazine v. Metropolitan Transit Authority.

Sound Bite Practice PointersOp-Ed Opener: Detailed and Resolved; Beverly McLachlin, Seaboyer v. H.M. the Queen; John Roberts, Attorney General's Office v. Osborne; Ruth Bader Ginsburg, Astrue v. Capato; Marsha Berzon, United States v. Trimble; Benjamin Goldgar, In Re Brent; Michael Ponsor, United States v. Watts; Op-Ed Practice Pointers; Part two The Tale: The Facts; Robert Megarry, In re Vandervell's Trusts (No 2); Lord Denning, In re Vandervell's Trusts (No 2); The Signal and the Noise: Cut Clutter; Benjamin Cardozo, Palsgraf v. Long Island Rail Road; Patricia Wald, United States v. Morris.

Benjamin Goldgar, In re BrentJan Paulsson, Pantechniki S.A. Contractors & Engineers (Greece) v. Republic of Albania; Richard Posner, University of Notre Dame v. Sebelius; Roger Traynor, Drennan v. Star Paving Co.; Oliver Wendell Holmes Jr., Baltimore & Ohio R.R. v. Goodman; Patricia Wald, Hubbard v. EPA; Michael Ponsor, United States v. Binette; Brett Kavanaugh, Belize Social Development Ltd. v. Government of Belize, dissenting; Edward Carnes, Ash v. Tyson; Alex Kozinski, Mattel, Inc. v. MCA Records, Inc.; D.P. Marshall, Jr., Little Rock School Dist. v. North Little Rock School Dist.

Big Picture: Add Background Shine a Light: Emphasize Key Facts; Michael McHugh, Green v. The Queen; Michael Kirby, Green v. The Queen, dissenting; Do You See What I See: Adopt a Narrative Voice; Diane Wood, JCW Investments v. Novelty, Inc.; Richard Posner (sitting by designation), Apple v. Motorola; Lord Denning, Cummings v. Granger; Clean-Up: Enhance Visual Appeal; Frank Easterbrook, FTC v. QT, Inc.; Benjamin Goldgar, In Re Brent; Michael Ponsor, Angiodynamics, Inc. v. Biolitec, Inc.; Michael Kirby, Green v. The Queen; Practice Pointers for Fact Statements.

"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"--Publisher's website.

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