A persuasive legal argument is a disciplined explanation of why the court should adopt your position. It is not a compressed version of every fact, authority,…
Articles
How to frame a legal argument for maximum persuasion
Cross-examination in the age of body cameras
A body-worn camera can seem to settle a dispute before counsel rises to cross-examine. The recording may show the roadside stop, the arrest, the domestic…
A Historian’s Perspective On The Constitution’s Preamble
The Preamble to the United States Constitution is only fifty-two words long, yet it carries the weight of an entire political settlement. It announces who is…
How Legal Writing Shapes Judicial Decisions
A judicial decision is often remembered for its result, yet the path to that result usually runs through language. Written submissions define the dispute,…
When to Settle and When to Try: A Strategic Calculus
A civil case is rarely won or lost at the moment a jury returns its verdict. The decisive work often occurs earlier, when counsel and client assess…
The legal history of the right to bear arms
The right to bear arms is often presented as if it emerged fully formed from a single sentence in the Second Amendment to the United States Constitution. Its…
Banking Law And The Duty Of Good Faith
Banking relationships run on more than written promises. A loan agreement may set out interest, security, default events and enforcement rights, yet the…
Lessons from the Warren Court on Social Change
When historians reflect on the United States Supreme Court under Chief Justice Earl Warren, the conversation usually drifts toward grand narratives about civil…
The role of the attorney when a case becomes a public spectacle
High-profile litigation reshapes a lawyer's job description almost overnight. What begins as a private dispute between named parties can quickly become a…
How the Supreme Court interprets ambiguous statutes
When Congress drafts legislation in broad terms, the nine Justices of the Supreme Court inherit the delicate task of giving those words workable meaning.…