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Posner and Judicial Writing

February 12th, 2009 Leave a comment Go to comments

It seems that Judge Posner is having a good influence on judicial writing. The 7th Circuit Lott v. Levitt opinion (via Volokh Con.) written by Evans with Ripple and Sykes signing on, is clear, pleasant, and uses contractions, even in an opinion whose subject is the fine detail of choice of law and writing pleadings:

The principle of waiver is designed to
prohibit this very type of gamesmanship—Lott is not
entitled to get a free peek at how his dispute will shake out
under Illinois law and, when things don’t go his way, ask
for a mulligan under the laws of a different jurisdiction. In
law (actually in love and most everything else in life),
timing is often everything. The time for Lott to ask for
the application of Virginia law had passed—the train
had left the station.

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