Point Made

Point Made

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners.

Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 9780199943852

Category: Law

Page: 426

View: 613

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
Categories: Law

Point Taken

Point Taken

In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples.

Author: Ross Guberman

Publisher: Oxford University Press, USA

ISBN: 9780190268589

Category: Law

Page: 376

View: 539

In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.
Categories: Law

Animal Cruelty and Freedom of Speech

Animal Cruelty and Freedom of Speech

... before the Second Circuit in the matter of Securities and Exchange Commission v. Galleon Group, et al. One of her Supreme Court briefs is featured in Ross Guberman's book, Point Made: How to Write Like the Nation's Top Advocates.

Author: Abigail Perdue

Publisher: Purdue University Press

ISBN: 9781612493220

Category: Law

Page: 255

View: 427

A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come.The Stevens case arose from the first conviction under 18 USC § 48 (Section 48), a federal law enacted in 1999, which criminalized the creation, sale, and/or possession of certain depictions of animal cruelty. The US Congress intended Section 48 to end the creation and interstate trafficking of depictions of animal cruelty in which animals are abused or even killed for entertainment's sake. Proponents of Section 48 predicted that countless benefits to both humans and animals would flow from its enforcement. Opponents of the law argued that it was too far-reaching and would stifle protected speech. Critics of Section 48 appeared to have prevailed when the US Supreme Court struck the law down as unconstitutionally overbroad. Although a law tailored to address the Supreme Court's concerns was quickly enacted, the free speech/animal cruelty controversy is far from over.
Categories: Law

Flat rate tax

Flat rate tax

The second point made by traditional flat - rate advocates , like the National Taxpayers Union , former Republican Treasury Secretary William Simon , and others on the political right , is that taxes on the well - off are too high and ...

Author: United States. Congress. Senate. Committee on Finance

Publisher:

ISBN: PSU:000014771675

Category: Flat-rate income tax

Page:

View: 577

Categories: Flat-rate income tax

Point Taken

Point Taken

How to Write Like the World's Best Judges Ross Guberman ... In Point Made, my book for advocates, I call this technique One Up. It's a slightly cocky move: “I've got a case that's even better for me than it was for them.

Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 9780190268596

Category: Law

Page: 304

View: 110

In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.
Categories: Law

Special Advocates in the Adversarial System

Special Advocates in the Adversarial System

We can only see what may be in their best interest at that 54 point in litigation. Another special advocate said that in some cases the open representatives and the appellant may have no view of the evidence: 'You are simply told your ...

Author: John Jackson

Publisher: Routledge

ISBN: 9781315278759

Category: Law

Page: 284

View: 158

The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Categories: Law

Issues in Aging

Issues in Aging

Older members of the Senate and House of Representatives, for example, have more power than younger members. ... Senior advocacy groups have played an important role in national politics in the past half-century. The earliest advocacy ...

Author: Mark Novak

Publisher: Routledge

ISBN: 9781317347095

Category: Social Science

Page: 577

View: 388

Opportunities and optimism in Aging. Issues in Aging, 3rd edition takes an optimistic view of aging and human potential in later life. This book presents the most up-to-date facts on aging today, the issues raised by these facts, and the societal and individual responses that will create a successful old age for us all. Mark Novak presents the full picture of aging--exhibiting both the problems and the opportunities that accompany older age. The text illustrates how generations are dependent on one another and how social conditions affect both the individual and social institutions. Learning Goals -Upon completing this book, readers will be able to: -Understand how large-scale social issues--social attitudes, the study of aging, and demographic issues--affect individuals and social institutions -Identify the political responses to aging and how individuals can create a better old age for themselves and the people they know -Separate the myths from the realities of aging -Recognize the human side of aging -Trace the transformation of pension plans, health, and opportunities for personal expression and social engagement to the new ecology of aging today
Categories: Social Science

Social Welfare Policy and Advocacy

Social Welfare Policy and Advocacy

(HINT: Take examples from 2017 and 2018, like national immigration reform, enactment of specific policies to decrease ... President Barack Obama was warned, for example, not to seek passage of the ACA by many of his top aides on grounds ...

Author: Bruce S. Jansson, Ph.D.

Publisher: SAGE Publications

ISBN: 9781506384078

Category: Social Science

Page: 554

View: 960

Social Welfare Policy and Advocacy presents a multi-level framework to show students how micro, mezzo, and macro policy advocacy can be used effectively by social workers in eight policy sectors: healthcare, gerontology, safety-net, child and family, mental health, education, immigration, and criminal justice. Author Bruce S. Jansson identifies seven core problems within each sector and discusses the skills social workers need, the challenges they face, and the interventions they can use at each level of advocacy. Readers will gain knowledge of social welfare policy issues and be equipped with essential tools for engaging in policy advocacy.
Categories: Social Science

Advocate of Peace and Universal Brotherhood

Advocate of Peace and Universal Brotherhood

We should not object to the Peace Societies throughout the world starting a movement exactly like that proposed by the patriotic Earl ... He loves his own country best who treats other nations with respect and perfect fairness .

Author:

Publisher:

ISBN: UCAL:$C181814

Category: Arbitration (International law)

Page: 588

View: 589

Categories: Arbitration (International law)

The Record and National Advocate of Insurance

The Record and National Advocate of Insurance

“ One of the Best Dividend - Paying Companies in the opportunity of offering for sale in But one of the most striking parts ... and two - thirds per cent . as the sponsors and made a strong point of the danger of of the bill apparently ...

Author:

Publisher:

ISBN: UIUC:30112107991132

Category: Insurance

Page:

View: 632

Categories: Insurance