The power of brevity is not to be underestimated. A recent study confirms what we all know from our own experience: people tend not to start reading what they cannot readily finish. “Making Your Case”, p. 25 In other words, keep it simple, stupid.
In 1964 Barry Goldwater famously proclaimed that “extremism in the defense of liberty is no vice … and moderation in the pursuit of justice is no virtue.” Perhaps Goldwater was right. But when advocating on behalf of a client, perhaps not: Select the most easily defensible position that favors your client. Don’t assume more of…
UCLA Professor Eugene Volokh recently provided some excellent advice that I highly advise following when citing to legal treatises that have been through multiple editions, and that have had different editors over the years: I ran across this passage (in a generally very well-done brief), which inadvertently highlights an issue that legal writers — students,…