Gorsuch could be more conservative than Justice Clarence Thomas, study concludes

If U.S. Supreme Court nominee Neil Gorsuch wins confirmation, he could be the most conservative justice on the U.S. Supreme Court, according to an analysis by two political science professors. Their study examined U.S. Supreme Court cases that reviewed opinions by the Denver-based 10th U.S. Circuit Court of Appeals after…

Feb 15, 2017 9:22 AM CST

Gorsuch writes reader-grabbing opinions with fact summaries that are ‘a form of wry nonfiction’

The late Justice Antonin Scalia was known for his memorable legal writing, filling his opinions with little-used words such as “argle-bargle” and barbs aimed at those who disagree with him. The judge nominated to take his place, Neil Gorsuch of the Denver-based 10th U.S. Circuit Court of Appeals, also has…

Feb 1, 2017 9:43 AM CST

One Word: Civility

We need to heed lessons of the past and lead efforts to promote civil discourse

Feb 1, 2017 3:40 AM CST

Legendary litigators share their advice on crafting your best opening statement

Read what the most renowned trial lawyers in the United States say are their secrets to a great opening.

Feb 1, 2017 2:20 AM CST

How life lessons from a legendary golf instructor can improve lawyers’ litigation scores

Years ago when I was playing competitive golf in junior tournaments throughout Texas and Oklahoma, my coach was the great Harvey Penick of Austin, Texas. He was the gentlest imaginable coach, always saying, “Why don’t you try this?” or “Why don’t you try that?”

Feb 1, 2017 2:00 AM CST

Posner criticizes ‘verbosity’ in appeals briefs in decision upholding closed voir dire

It didn’t take much more than seven pages for Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals to explain why he was upholding the convictions of two Wisconsin defendants. The Jan. 5 opinion spilled over into the eighth page because of a final paragraph in which…

Jan 9, 2017 7:00 AM CST

Obama publishes a Harvard Law Review article on criminal justice reform

President Obama apparently found time to write a law review article as he wrapped up his presidency. Obama was once president of the Harvard Law Review, and he wrote an article published by the review on Thursday titled “The President’s Role in Advancing Criminal Justice Reform,” report Law.com (sub. req.),…

Jan 6, 2017 9:00 AM CST

Letters: The Rules on Rules

Jan 1, 2017 3:55 AM CST

Use subtext to guide jurors to recognize what a trial is really all about

Trial lawyers, like literary artists, know how to pose the right questions. They construct the staging, especially in courtroom scenes, that directs their audience—jurors and judges, and sometimes the public—toward intended readings of dramatic subtext.

Jan 1, 2017 2:20 AM CST

Bryan Garner mourns the lost art of reviewing books

Once upon a time, bar journals and law reviews typically devoted many pages to book reviews. Now they’re a rarity for three primary reasons.

Jan 1, 2017 2:00 AM CST

New books explore polarization of politics and judiciary

Partisan politics and a politicized judiciary provide the backdrop for several new nonfiction books available this fall, including a memoir by one of the Bush administration’s most divisive figures and a collection by a Supreme Court justice who has become a pop culture icon.

Nov 1, 2016 3:30 AM CDT

Parenthetical Habits: On the use and overuse of parentheses and brackets

In 1680, an anonymous “well-wisher to the attainments of children” wrote A Treatise of Stops, Points, or Pauses. At only 19 pages, this punctuation guide is a slight affair.

Nov 1, 2016 2:10 AM CDT

Celebrating the powerful eloquence of Justice Robert Jackson

This year marks two important anniversaries concerning the great Justice Robert H. Jackson.

Oct 1, 2016 2:50 AM CDT

Litigator’s book documents the service of Kansas’ Frontier Guard to President Lincoln

In April 1861, 46 attorneys traveled from the Great Plains to Washington, D.C., where they protected President Abraham Lincoln.

Oct 1, 2016 2:40 AM CDT

Is verbosity rewarded in law school?

Law schools may have a ways to go in teaching first-year students to write, according to a recent study that found longer exam responses tended to receive higher grades than shorter ones, in spite of the fact that judges tend to dislike wordy court filings. The working paper, “Speed Matters,”…

Sep 28, 2016 11:05 AM CDT