Friday, October 5, 2018

How to Achieve Justice Kagan’s Conversational Writing Style

At Lady (Legal) Writer, we find an interview with Justice Kagan in which tells us about slightly less formal words and phrases that make legal writing more accessible. Examples:

As the concurring Justices put it . . . (not “stated,” “said,” or a similar word)

The panel majority’s opinion cannot be squared with (as opposed to “is inconsistent with”) the settled principles just discussed.

Indeed, class arbitration is a worst-of-both worlds hybrid of arbitration and litigation. (I probably would have gone with “best-of-both-worlds hybrid.”)

You can read more here (August 29,2018).


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