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the demonstrated, specific need for evidence in a pending criminal trial. EDIT 2: The President’s claim to an absolute executive privilege depends on the strength of our historic commitment to “the rule of law,” a commitment most profoundly shown in our view that “the twofold aim [of criminal justice] is . . . Read more
1—102(3): The effect of provisions of this Act may be varied by agreement, except as otherwise provided in this Act and except that the obligations of good faith, diligence, reasonableness and care prescribed by this Act may not be disclaimed by agreement but the parties may by agreement determine the . . . Read more
WRITING MEMORABLE Until now, we have shown how to write acceptable prose—prose more serviceable than that of most lawyers. Apply our principles and you will produce sturdy prose. For most purposes, sustained clarity is sufficient; you will be considered an able writer. But writing is more than clarity and . . . Read more
an in-house editing office. Law firms are publishers, and they should provide their writers (partners and associates) with the editorial services (copy editing and proofreading) that traditional publishers offer. Lawyers are divided on the usefulness of proofreaders—those who object do so in part because they are confused about what proofreaders . . . Read more
16C (Section 16C), Brief of State Appellants (State Br.) 2a-3a, which delegates to certain churches and synagogues—those that, in the statute’s terms, are “dedicated to divine worship,” id. 2a—an ad hoc and absolute veto power over the approval of each liquor license within a 500-foot radius of the church or . . . Read more
html xmlns=”http://www.w3.org/1999/xhtml” xml:lang=”en”> 7 LAWYERS AS PUBLISHERS WORDS ARE THEIR PRODUCT Add up all the pages of the documents—memoranda, opinion letters, motions, briefs, settlement agreements, contracts, resolutions, trusts, wills—produced in a typical week by even a small law office, and the total will easily be in the thousands. Then . . . Read more
AND ORGANIZATION Suppose you are helping a child assemble a toy giraffe, just removed from the gift box. Out comes a longish neck and backbone, in three pieces; a head, in one; four legs, in twelve; a tail, in two. Unlike the man from Mars, who has never seen . . . Read more
GETTING IT DOWN FROM QUILL PENS TO COMPUTERS The first machine for writing, the typewriter, came on the market in the United States in the 1870s; the second machine, the personal computer, arrived a century later. Each provoked hallelujahs in some quarters and criticism in others. The comparison is . . . Read more