Nothing flashy here. Just a steady unrolling of point after obvious point in a relatively tranquil and moderate prose punctuated by an occasional flaring of amiable wit — “not really,” “what ordinary people would appreciate the Court’s case law also recognizes.” (Sometimes even the Supreme Court rises to the level of common sense.) If I am right, what we are seeing here is the emergence of a powerfully understated style of argument, inexorable without being aggressive, comprehensive without claiming to be so, regnant even when it is on the losing side. I look forward to more of the same.
Blogging on bureaucracy, organizations, USDA, agriculture programs, American history, the food movement, and other interests. Often contrarian, usually optimistic, sometimes didactic, occasionally funny, rarely wrong, always a nitpicker.
Tuesday, April 12, 2011
Good Legal Writing: Fish and Kagan
Here's the end of a Stanley Fish post discussing Justice Kagan's style:
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