Bryan A. Garner

Garner’s Usage Tip of the Day: watermark; water-mark; water mark.

watermark; water-mark; water mark. “Watermark” = (1) a line made by a body of water at its surface (as in a flood) and used to gauge the water’s depth; or (2) a faint identifying mark pressed into fine paper during manufacture, or an analogous identifier embedded in a computer file by software. The word in […]

Garner’s Usage Tip of the Day: watermark; water-mark; water mark. Read More »

Garner’s Usage Tip of the Day: Language-Change Index.

Language-Change Index. The third edition of Garner’s Modern American Usage reflects several new practices. Invariably inferior forms, for example, are now marked with asterisks preceding the term or phrase, a marking common in linguistics. The most interesting new feature is the Language-Change Index. Its purpose is to measure how widely accepted various linguistic innovations have

Garner’s Usage Tip of the Day: Language-Change Index. Read More »

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

Miscellaneous Entries. veld /velt/ (= an open, nearly treeless grassland) is the standard spelling. *”Veldt” is a variant (chiefly in South African English). vendor (= one who sells) is the standard spelling. *”Vender” is a variant. “Vendor” is pronounced /VEN-duhr/, not /VUN-dor/. venerable = (of people) worthy of being venerated, revered, or highly respected and

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

LawProse Lesson #158: Whether “whether” causes problems for writers.

Whether whether causes problems for legal writers. Yes, it does — in four ways: (1) in issue statements, (2) in the common misusage of if for whether, (3) in needless instances of whether or not, and (4) in the proper phrasing of an appositive (question whether vs. question of whether vs. question as to whether).

LawProse Lesson #158: Whether “whether” causes problems for writers. Read More »

Garner’s Usage Tip of the Day: wary; weary.

wary; weary. To be “wary” of something is to be on one’s guard against it: cautious, watchful, and perhaps worried. E.g.: “Consumers remain wary of anthrax sent through the mail.” Stephanie Miles, “Apparel E-tailers to Spruce Up for Holidays,” Wall Street J., 6 Nov. 2001, at B6. To be “weary” is to be physically fatigued

Garner’s Usage Tip of the Day: wary; weary. Read More »

Garner’s Usage Tip of the Day: wanton; reckless.

wanton; reckless. In law, the word “wanton” usually denotes a greater degree of culpability than “reckless” does. A reckless person is generally fully aware of the risks and may even be trying and hoping to avoid harm. A wanton person may be risking no more harm than the reckless person, but he or she is

Garner’s Usage Tip of the Day: wanton; reckless. Read More »

Garner’s Usage Tip of the Day: want, n.

want, n. The usual sense, of course, is “something desired” or “a desire.” But “want” has a long history as a formal word meaning “lack,” especially in the phrase “for want of.” Though this sense formerly had a literary cast, today it is fairly common even in informal writing — e.g.: o “The Republican incumbent,

Garner’s Usage Tip of the Day: want, n. Read More »

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

Miscellaneous Entries. variable, adj.; variant, adj.; variational; *variative. “Variable” = subject to variation; characterized by variations. “Variant” = differing in form or in details from the one named or considered, differing thus among themselves (Concise Oxford Dictionary). “Variational” = of, pertaining to, or marked or characterized by variation. *”Variative” shares the senses of “variational”; because

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

LawProse Lesson #157: An Immediate Improvement for Contracts

What’s the easiest way to improve most transactional drafting? Rigorously impose a consistent numbering system, create more headings, and banish romanettes. Use a cascading left-hand indent. Ideally, the numbering has four levels of breakdown. That’s all you’ll normally need: Imposing this format on existing documents has several advantages. First, you’ll discover many needless inconsistencies in

LawProse Lesson #157: An Immediate Improvement for Contracts Read More »

Garner’s Usage Tip of the Day: waiver.

waiver. “Waiver” (= voluntary relinquishment of a right or advantage) is primarily a noun; “waver” (= to vacillate) is primarily a verb. It is a fairly common solecism to misuse “waiver” for “waver” — e.g.: o “But when the defense lawyer found out the judge was waivering [read ‘wavering’], Mr. Polanski left the country.” Caryn

Garner’s Usage Tip of the Day: waiver. Read More »

Garner’s Usage Tip of the Day: waive.

waive. Part A: Narrowing of Sense. This word has undergone what linguists call “specialization,” its primary sense having gotten narrower with time. Originally, “waive” was just as broad as “abandon” {the fleeing thief waived the stolen goods}. But today, “waive” means “to relinquish voluntarily (something that one has the right to expect)” {the popular entertainer

Garner’s Usage Tip of the Day: waive. Read More »

Garner’s Usage Tip of the Day: waistband.

waistband. “Waistband” is sometimes, in a gross error, written *”wasteband” — e.g.: o “The women sucked in their breath and tried to push their belly-buttons into fleshy balloons over their wastebands [read ‘waistbands’].” Rebecca Walsh, “Dancers at Fest Bare Their Bellies, Escape Daily Grind,” Salt Lake Trib., 28 Aug. 1994, at B1. o “He allegedly

Garner’s Usage Tip of the Day: waistband. Read More »

Garner’s Usage Tip of the Day: waist; waste.

waist; waste. Substituting “waste” for “waist” is most often a pun — e.g.: “County Is Waste-Deep in Reduction/Recycling Assistance” (headline), Tampa Trib., 9 Nov. 2008, Local News §, at 3. But not always — e.g.: o “Johnny Campbell, 22, tied a tow chain around his waste [read ‘waist’] and waded through waste-deep [read ‘waist-deep’] water

Garner’s Usage Tip of the Day: waist; waste. Read More »

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

Miscellaneous Entries. v.; vs. Both are acceptable abbreviations of “versus,” but they differ in application: “vs.” is more common except in names of law cases, in which “v.” is the accepted abbreviation. vagina; vulva. The term “vagina” is now frequently used to denote not just the internal organ (the strict meaning), but also the external

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

Garner’s Usage Tip of the Day: vouchsafe.

vouchsafe. “Vouchsafe” ordinarily denotes “to grant something in a condescending way,” or, more neutrally, “to grant something as a special favor.” The word is often mildly sarcastic — e.g.: “Gen. Powell’s opinions, as he has been vouchsafing them, were unformed or, where formed, oddly out of date.” “America’s Son,” Nat’l Rev., 27 Nov. 1995, at

Garner’s Usage Tip of the Day: vouchsafe. Read More »

LawProse Lesson #156: The biggest mistake in motion practice.

The biggest mistake in motion practice. What’s the biggest mistake commonly made in motion practice? It’s getting off to a bad start, typically with a repugnant paragraph containing cumbersome boilerplate and parenthetical definitions that insult the judge’s intelligence. A brief that gets off to a bad start is a bad brief. There is no recovering.

LawProse Lesson #156: The biggest mistake in motion practice. Read More »

Garner’s Usage Tip of the Day: Vogue Words.

Vogue Words. In the mid-1990s, unnatural-looking hair dye became all the rage. Teenagers used it. Thirty-somethings used it — and applied it to their young children’s hair. Women of all ages used it. Even many middle-aged men used it. By 2001, the craze had long since spread over the globe. For example, in the summer

Garner’s Usage Tip of the Day: Vogue Words. Read More »

Garner’s Usage Tip of the Day: vociferous; voracious.

vociferous; voracious. A “vociferous” person is loud, noisy, and clamorous; a “vociferous” crowd is characterized by unrestrained yelling. A “voracious” person or animal, meanwhile, devours food ravenously; a “voracious” reader has an insatiable desire for books, magazines, and other reading materials. In short, although the two words appear similar, they apply to very different types

Garner’s Usage Tip of the Day: vociferous; voracious. Read More »

Garner’s Usage Tip of the Day: viz.

viz. “Viz.” is an abbreviation of the Latin word “videlicet” (fr. “videbere” “to see” + “licet” “it is permissible”). The English-language equivalents are “namely” and “that is,” either of which is preferable. Like its English counterparts, the Latin term signifies that what follows particularizes and explains a general statement. E.g.: o “For too long Virginia’s

Garner’s Usage Tip of the Day: viz. Read More »

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

Miscellaneous Entries. used-book store. So written, not *”used bookstore.” E.g.: “We all have this vision of the perfect used bookstore [read ‘used-book store’]: it seems to come out of a Dickens story, or maybe the film version of The Old Curiosity Shop.” Ian C. Ellis, Book Finds: How to Find, Buy, and Sell Used and

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

Scroll to Top