As even those stuck on a science station in Antarctica must know by now, Donald Trump has threatened to sue the New York Times for defamation. And the Times waited barely a day to…
Ross Guberman's Blog
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Lovable Lawyer Writing Lures Clients
The Golden Collar Awards are bestowed upon the best canine actors. The Pigasus Awards are for those who make far-out claims about paranormal activity. So why not the Burton Award for the best law…
A Day in the Life of the American Contract
Do practicing lawyers get to vote on legal-writing controversies? Not if you ask some self-styled pundits. Like other forms of writing, legal writing has its descriptivists (“Here’s how lawyers do write”) and its prescriptivists (“Here’s how…
Happy and Grateful to Receive the 2016 Golden Pen Award
“The Board of Directors of the Legal Writing Institute (LWI) is pleased to announce that Ross Guberman is the recipient of the 2016 Golden Pen Award. The author of three books, Point Made, Deal Struck, and Point…
What Sort of Writer Is Merrick Garland? Seven Clues
We’ve heard a lot about Merrick Garland’s sterling CV and seasoned age, but how does he fare as an opinion writer? For clues, I pored over his 2013 opinion in ACLU v. CIA, a…
A Tale of Two Judges: Posner vs. Flaum
Belleau v. Wall is an important case handed down last month about whether requiring a convicted sex offender to wear a GPS-tracking ankle bracelet violates his Fourth Amendment rights or the Ex Post Facto Clause.…
My initial thoughts on Judge Posner’s new book, Divergent Paths
February 1, 2016 By Legal Writing Pro Judge Posner’s latest book, Divergent Paths: The Academy and the Judiciary, is a provocative read for anyone interested in today’s debates about fixing law schools and the…
Five Habits to Make in 2016
I try to stay upbeat about legal writing. In that spirit, I will suggest five great habits for the few short months of 2016 that remain. 1. At least once a week, expose yourself . . . to a writing model.…
Five Habits to Break in 2016
Still in resolution mode? Let me add five to your list. 1. “Have you seen such contract? I can’t find it anywhere.” Even among lawyers who claim to have sworn off legalese, the addiction to…
A Menendez Muddle?
When I saw on Twitter that Senator Robert Menendez (D-NJ) had filed a Third Circuit appeal,[1] I started reading the brief in earnest. I assumed that the brief hailed from BigLaw, and likely from…
Trump Trumped?
How would you like to be the General Counsel to the Trump Organization right now? Sweet gig if you can get it. Trump’s GC recently sent a cease-and-desist letter to the Club for Growth…