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Full-Text Articles in Legal Writing and Research

The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg May 2020

The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg

Cornell Law Review

Beginning in 1985, Judge and then Justice Antonin Scalia advocated forcefully against the use of legislative history in statutory interpretation. Justice Scalia's position, in line with his textualism, was that legislative history was irrelevant and judges should avoid invoking it. Reactions to his attacks among Justices and prominent circuit judges had an ideological quality, with greater support from ideological conservatives. In this Article, we consider the role that political party and timing ofjudicial nomination played in circuit judges' use of legislative history. Specifically, we hypothesize that Republican circuit judges were more likely to respond to the attacks on legislative history …


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus Jan 2018

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Femi Cadmus

No abstract provided.


Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin Oct 2017

Disrespectful Dissent: Justice Scalia's Regrettable Legacy Of Incivility, J. Lyn Entrikin

The Journal of Appellate Practice and Process

No abstract provided.


Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus Jan 2017

Exemplary Legal Writing 2016: Books Selected By Our Respectable Authorities: Five Recommendations, Femi Cadmus

Cornell Law Faculty Publications

No abstract provided.


U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson Aug 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part Iii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column concludes a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. The justices discussed usage and grammar issues, as well as their own pet peeves as readers of legal writing.


U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson Jul 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.


U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson Jun 2008

U.S. Supreme Court Interviews On Effective Legal Writing – Part I, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column begins a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. This first part explores the two aspects of good legal writing that were the most often mentioned by the justices during their interviews: clarity and conciseness.