Making Your Case: The Art of Persuading Judges

This month’s issue of the ABA Journal includes an article that underlines the need to write in Plain English.

Making Your Case: The Art of Persuading Judges
May 2008 Issue , ABA Journal

In his 21 years on the U.S. Supreme Court, no one has seriously accused Justice Antonin Scalia of being unable to express himself. Cass R. Sun­stein, the University of Chicago law professor, has likened his writings to those of Justices Robert H. Jackson and Oliver Wendell Holmes. University of Wisconsin law professor Ann Althouse says she “constantly dearly” wishes Scalia’s colleagues had his sense of wit and style.

From the bench he’s an acute—and sometimes withering—questioner. On the printed page, he’s a direct and engaging writer. And from the lectern he’s a smooth and self-assured orator—a self-professed fan of harsh truths skillfully articulated, even when they are not his own.

In his new book, Making Your Case: The Art of Persuad­ing Judges, Scalia teamed with Bryan A. Garner, editor-in-chief of Black’s Law Dictionary. Ex­cerpted here, the book reveals ways in which clear writing, clear speaking and—above all—clear thinking can help you make your case.

Click here to continue this fascinating article.

http://www.abajournal.com/magazine/making_your_case/print/