Legal Writing

Man Ordered to Pay for Shooting Down Trespassing Drone

Many of you will be outside this weekend, so a little drone advice seems timely. Or maybe it’s shotgun advice. Take your pick. Ars Technica reported recently that a drone operator in California had prevailed in a legal dispute with…


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The Continuing Argle-Bargle

In last week's opinion in Obergefell v. Hodges, the U.S. Supreme Court again broke new ground and has taken an action that will be debated for years to come. It finally used the word "huh?" in an opinion. This of…


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The Argle-Bargle Over This Jiggery-Pokery Is Pure Applesauce

As you likely know by now, the Supreme Court has voted 6-3 to reject a challenge to the Affordable Care Act a.k.a. Obamacare, over a strong dissent by Justice Scalia. The opinion in King v. Burwell involves important issues of…


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It “May Appear to Some to Be a ‘Rant’ of Sorts”

In a Facebook post, Tamah Jada Clark, the author of the now-legendary pleading entitled “To F— This Court And Everything That It Stands For,” expresses puzzlement as to why that pleading “has now, apparently, become a ‘big deal.’” She also suggests that “there is…


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“To F— This Court and Everything That It Stands For”

What was I just saying about the bottomless well of human stupidity? (That's the well I was talking about.) The examples are both endless and varied. Here's another brief, for example. At only nine pages, this one is well within…


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NoYouCantWriteABriefLikeThisToGetAroundTheWordLimit

People sometimes ask where I find "all this stuff" as if there were a limited amount of such material. There is not. It is endless. The well is deep, my friends. Nay, do not seek the bottom, for it cannot…


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Judge Criticizes “Behemoth Pleadings”

Here are some words & phrases that you really don't want a judge to apply to anything you file: sprawling behemoth surplusage larded with brims with masquerading as voluminous breathtaking madness chokes the docket intended to overwhelm labyrinthian prolixity of…


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Minor Wordfoolery, Way Updated

I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan’s use of “way” as an adverb in the Omnicare case. (I mentioned it at the end of this post.) It was…


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Court: Obligation to Make Sense May Not Be Delegated to Client

Here's a more interesting decision by the Supreme Court, although maybe "decision" is the wrong word. The question is: if your client insists on filing something that is complete gibberish, do you have to agree, or do you  have an…


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Minor Wordfoolery in Today’s Supreme Court Opinion

Surely, not since “Holy $h*t, Man Walks on #&*ing Moon” has there been such a riveting headline, but hey, I noticed this and here it is. This is my three-thousand-three-hundred-and-fifty-first post, cut me some slack here. The Omnicare opinion released today…