Bryan A. Garner

Garner’s Usage Tip of the Day: World Wide Web.

World Wide Web. As a proper noun, “World Wide Web” is capitalized when written out in full and when shortened to “the Web.” When combined into compound form, though, it is usually lowercase {website}. Because “the Web” is just one protocol (way of exchanging information) on the Internet — separate from mail and news protocols, …

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Garner’s Usage Tip of the Day: Word-Swapping.

Garner’s Usage Tip of the Day Word-Swapping. It’s something like a Murphy’s Law of language: two words that can be confused will be confused. Sometimes, the more popular word will encroach on the less popular (as when “demean” took over the sense “bemean” [= to make base or low; degrade]). At other times, the less …

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Garner’s Usage Tip of the Day: Word Patronage.

Word Patronage. Word patronage is “the tendency to take out one’s words and look at them, to apologize for expressions that either need no apology or should be quietly refrained from” (Modern English Usage, 1st ed. at 733). A flourishing example today is “no pun intended.” But others are ready at hand as well — …

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LawProse Lesson #172: What’s new in the third edition of “The Winning Brief”?

What’s new in the third edition of The Winning Brief?Answer: Hot off the presses, the 775-page third edition contains nine new sections. This new material includes tips on understanding judges’ reading habits, answering opponents’ arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. The book also contains what …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. workers’ compensation; workmen’s compensation. These words contain a plural possessive, hence “workers’” and “workmen’s” — not “worker’s” and “workman’s.” “Workers’ compensation” now predominates, doubtless because of a sensitivity to the sexism of the other. Another erroneous form is *”workers compensation.” workforce; workload. Each is one word. working. Radio announcers throughout the Southwest commonly …

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Garner’s Usage Tip of the Day: womankind; *womenkind.

womankind; *womenkind. *”Womenkind” is erroneous, since “-kind” includes all the members of the sex. E.g.: o “Now she feels she’s pressured about what her roles will say to all of womenkind [read ‘womankind’].” Matthew Gilbert, “Fiorentino Sees ‘Jade’ Role as Reward, Not Selling Out,” Seattle Post-Intelligencer, 16 Oct. 1995, at D1. o “In the Neil …

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Garner’s Usage Tip of the Day: *without scarcely.

*without scarcely. This phrasing is an optical illusion: something of a redundancy while something of an oxymoron. Whatever it is, though, it’s illogical — e.g.: o “He shook hands without scarcely [read ‘without’ or ‘scarcely’] noticing those who were there to encourage him.” Godfrey Sperling, “The Power of a Candidate’s Prose,” Christian Science Monitor, 8 …

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LawProse Lesson #171: “On” or “upon”?

On or upon? These prepositions are usually synonymous and used in virtually identical ways. The distinctions are primarily in tone and connotation. On — the shorter, simpler, more direct word — is generally preferable {the trial court’s decision was based on the parol-evidence rule} {service on a defendant} {the case centers on a 2006 contract} …

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Garner’s Usage Tip of the Day: wisteria; wistaria.

wisteria; wistaria. Americans are often surprised to learn that the flowery vine was named “wistaria” (after Caspar Wistar, an anatomist), not “wisteria.” A prominent etymologist calls the change in spelling “apparently a misprint” in 1819. Robert K. Barnhart, Dictionary of Etymology 885 (1995). The original does still show up in American print sources, but usually …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries. wolverine; *wolverene. The latter is a needless variant. woolliness is the quality of being confused, hazy, indefinite, and indistinct in expression. Excessive cross-references, as in the Internal Revenue Code, are perhaps the apotheosis of woolliness — e.g.: “For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include …

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Garner’s Usage Tip of the Day: -wise.

-wise. Generally, avoid “-wise” words or compounds when the suffix means “regarding” or some other frame of reference. They typically displace a more direct wording, and they’re invariably graceless and inelegant — e.g.: o “After a dull summer book-wise [read “in books” or “in the book trade”] . . . , the season of fairs, …

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LawProse Lesson #170: Why does it matter how you state a legal issue?

Why does it matter how you state a legal issue? It matters in the most fundamental way: it can determine whether you win or lose. It’s the most important aspect of a lawsuit. Bryan Garner, author of The Winning Brief, has been called the preeminent expert on issue-framing. He teaches lawyers to fashion appealing issues …

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Garner’s Usage Tip of the Day: who’s who.

who’s who. “Who’s Who” is a shortened form of “who is who” (the second “who” being correct as a predicate nominative). But some writers — despite the popularity of various widely touted books called “Who’s Who” — mangle the phrase into *”who’s whom.” E.g.: o “The charade of who’s whom [read ‘who’s who’] and what’s …

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Garner’s Usage Tip of the Day: who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever).

who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever). Part A: Choice of Term. The forms “whoever” and “whomever” are preferred in modern writing. But the archaisms *”whosoever” and *”whomsoever,” as well as *”who(m)so,” appear sometimes in legalese. Often these terms are superfluous, as here: “This is a right that avails against all persons whomsoever [delete ‘whomsoever’] in the world.” …

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Garner’s Usage Tip of the Day: Miscellaneous Entries.

Miscellaneous Entries.  *withal is an archaism for “besides,” “nevertheless,” “still,” “with,” or “therewith.” E.g.: “There is, withal [read ‘nevertheless’], much to admire in these memoirs and in the diplomacy they recount.” David C. Hendrickson, “White House Years,” Foreign Affairs, 19 Sept. 1997, at 223. wither is misused for “whither” in the following title: John Darnton, …

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Garner’s Usage Tip of the Day: whose (1).

whose (1). Today: Meaning “of which.” “Whose” may usefully refer to things {an idea whose time has come}. This use of “whose,” formerly decried by some 19th-century grammarians and their predecessors, is often an inescapable way of avoiding clumsiness — e.g.: o “Many people assumed that this was the river Ankh, whose waters can be …

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LawProse Lesson #169: Persuasive motion practice.

How much can you learn about persuasive motion practice in one day? A whole lot — if you have the right teacher and the right approach. LawProse’s new Winning Brief seminar — with its 3d-edition 775-page coursebook published by Oxford University Press — breaks the subject of persuasive litigation writing into 100 bite-sized lessons that …

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