The 11th Cir. just issued an order denying the GOP's latest attempt to overturn election results, this time in Georgia. And while the opinion has plenty for procedure nerds to love, I'm going to focus on the aspects of Judge Brasher's opinion that us style nerds love. /1
Here's the opinion: democracydocket.com/wp-content/upl… /2
First, the straightforward issue presented and answer right at the beginning. /3 The issue before us, however, is a narrow question of appell
Next, the avoidance of specific dates ("November 25th" "November 27th" etc.) in favor of descriptors that provide just the information the reader needs: /4 "On the Wednesday before Thanksgiving . . .  Two days l
Another example: /5 True to his word, the district judge issued a written tempor
Sometimes, you don't even need to identify the specific day at all: /6 A few days later, the plaintiffs filed a notice of appeal .
Here's a great example of a case comparison. After describing two earlier 11th Circuit decisions that granted TROs, Judge Brasher makes this straightforward point. Notice how he doesn't need to set it up with "Obviously" or some other intensifer; the facts do the work. /7 The plaintiffs here are not in the same position as an inmat
Great example here of varying sentence length. The paragraph builds from short sentences to long ones. It's got great flow. /8 The Sunday night order lacks the hallmarks of a preliminary
One last thing I liked: This sentence, which is exactly the right kind of whimsical. It makes the point in a really nice way without trying too hard to be fun. /9 But the plaintiffs would not take the district court's "
And finally, one thing I'd tweak: this missing "that." It's easy to eliminate
"that" to make sentences slightly more succinct, but doing so sometimes leads the reader momentarily astray. I'd add a "that" after "concede" here. /10 The plaintiffs concede no final judgment has been entered in
That's it for now. Happy reading! /fin

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More from @bethwilensky

6 Dec
Hi folks! The 11th Cir. handed down a new election opinion yesterday and if you’ve been following me you won’t be surprised that I have Some Things To Say about C.J. Pryor’s writing choices. (I’m going to use #WilenskyOnStyle – h/t @daniellecitron – to collect these threads.) /1
The full opinion is here. : assets.documentcloud.org/documents/7334… /2
This thread is especially directed at law students. Judicial opinions differ from legal memos, motions, etc. – different purposes, different audiences – but this opinion happens to use some standard techniques that work well for many kinds of legal writing. /3
Read 24 tweets
27 Nov
A few style thoughts about today's 3rd Circuit ruling smacking down the Trump Campaign's latest attempt to overturn the election results. Judge Bibas is fast becoming one of my favorite writers on the federal appellate bench. justsecurity.org/wp-content/upl… /1
First, notice how he moves effortlessly from "Trump Presidential Campaign" to just "Campaign" without the silly and unnecessary parenthetical (hereinafter "Campaign"). He knows we know which Campaign he means. /2 The Trump Presidential Campaign asserts that Pennsylvania's
Next, look as these teeny tiny transition words. They do lots of nearly-invisible work to move the reader effortlessly through the paragraph. /3 Nor does the Campaign deserve an injunction to undo Pennsylv
Read 9 tweets
13 Jul
This is an excellent addition to the convo around becoming an LRW prof. I agree w/ everything @IreneTenCate says here, and want to link to a few key articles re where our profession needs to do better. /1
In particular, @genremixtress’s scholarship about being an LRW prof of color is required reading for everyone in legal academia. /2
Start with “On Writing Wrongs: Legal Writing Professors of Color and the Curious Case of 405(c).” /3 jle.aals.org/home/vol66/iss…
Read 8 tweets
31 May
@sstrudeau cc: @MayorTaylorA2. Something we can do about police brutality and misconduct here in Ann Arbor.
@sstrudeau @MayorTaylorA2 I just pulled up the agreement and will try to review it tonight.
@sstrudeau @MayorTaylorA2 A few thoughts: The biggest thing that jumped out at me was in 5.2, which says "If the employee is unable to reply accurately, he/she will have the opportunity to review the appropriate written records before responding." /1
Read 12 tweets
12 Oct 18
Quick thread on being a new legal writer, with inspiration from Tony/Grammy/Oscar winner @benjpasek and This American Life’s @iraglass. /1
Last night, at the Q&A for the new Dear Evan Hansen novel, an audience member asked what Benj (Pasek) and Jason (Paul) wish they had known when they were first starting out. /2
Benj responded by citing Ira Glass’s advice to new writers: Your stuff is going to be bad at first, especially when you compare it to work from those at the top of the field. That’s OK. DON’T GIVE UP. /3
Read 11 tweets
6 Aug 18
My husband travels a lot. Downside: he's gone a lot. Upside: frequent flyer miles. We just used some to fly a 3-yr-old and his dad, who had been separated at the border, from Michigan (where the son had been taken) to their extended family. DM me if you have miles to donate.
Follow @misupportcircle everyone! That's who we worked with to donate frequent flyer miles.
Since this seems to be blowing up: If you have miles to donate, send a DM to @misupportcircle. The other organization you might consider is miles4migrants.org. Thank you!
Read 4 tweets

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