LawProse Lessons

Hirsch Report

In the wake of my friend Judge Richard A. Posner’s review of the Scalia–Garner book Reading Law—a review that accused Justice Scalia and me of manifold distortions and errors despite our extensive fact-checking—I retained a respected San Francisco lawyer, Steven A. Hirsch, to investigate and assess these allegations. The purpose was to have an independent […]

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Garner’s Usage Tip of the Day: wet / wet(ted) / wet(ted).

wet / wet(ted) / wet(ted). This verb has both a regular and an irregular past and past participle form. In most contexts, “wet” is the predominant form — e.g.: o “She wet her whistle with a sip of water.” Warren Gerds, “Peters Pours on the Charm at Weidner Concert,” Green Bay Press-Gaz., 29 Sept. 2002,

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Garner’s Usage Tip of the Day: welsher; welcher.

welsher; welcher. “Welsher” is the usual form; the term means “one who shirks his or her responsibility” and most commonly refers to one who does not pay gambling debts. E.g.: “But I don’t suppose he had a fermenting punter after him shouting ‘Welsher!’ at the top of his voice.” P.G. Wodehouse, The Return of Jeeves

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LawProse Lesson #162: Singular or plural pronoun with an entity?

Should you use a singular or plural pronoun when referring to an entity? A pronoun must agree in number with its antecedent. Although that rule is usually simple enough, it becomes a little tricky when the antecedent is a collective noun — a word that is singular in form but denotes a group of people

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Garner’s Usage Tip of the Day: Wellerisms.

Wellerisms. A wellerism (after Sam Weller or his father, two noted characters in Charles Dickens’s Pickwick Papers [1836-1837]), is a statement, especially a proverbial or allusive one, in which the speaker puts the words in a new light or a surprising setting, often by means of punning. E.g.: o “‘That’s food for reflection,’ as the

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

Miscellaneous Entries. virtue of, by; *in virtue of. “By virtue of,” not *”in virtue of,” is now the idiomatic phrase. The latter is archaic. virtuoso. The plural is preferably “virtuosos” — not *”virtuosi” (a pedantic form that is less than half as common in modern print sources). virus. The plural is “viruses.” visor (= a

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Garner’s Usage Tip of the Day: weep / wept / wept.

weep / wept / wept. So inflected. The erroneous form *”weeped” sometimes appears — e.g.: o “Players from both teams weeped [read ‘wept’] and prayed.” Jarrett Bell, “Terrifying Injury Ends Player’s NFL Career,” USA Today, 23 Dec. 1997, at A1. o “‘I can’t stand up. I can’t stand up,’ [Carolyn] Sims weeped [read ‘wept’] as

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Garner’s Usage Tip of the Day: wed.

wed. This verb is traditionally inflected “wed / wedded / wedded.” As a past-tense form, “wed” is a variant that Webster’s New International Dictionary (2d ed.) labels “dialectal.” Stick with “wedded” — e.g.: o “Last year, the singer [Dan Fogelberg] wed [read ‘wedded’] his longtime fiancée, Anastasia Savage, who shares his love of oil painting.”

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LawProse Lesson #161: Multiple punctuation marks.

Multiple punctuation marks. After last week’s lesson on punctuation with quotation marks, a few people asked how to punctuate a midsentence quotation that ends in a question mark. For example: By first deliberately stating an incorrect version of the events and then asking, “That’s the way it happened, isn’t it?” the detective lured the suspect

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Garner’s Usage Tip of the Day: weave / wove / woven.

weave / wove / woven. “Weaved” is correct only in the sense “moved in a winding or zigzag way” — e.g.: “Like scores of Saturday shoppers, Potter found himself in the middle of a 40-minute foot chase that began near the Capitol, weaved in and out of State Street buildings, and ended with the arrest

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

Miscellaneous Entries. vindictive; vindicatory; *vindicative. “Vindictive” = given to or characterized by revenge or retribution. “Vindicatory” = (1) providing vindication {a vindicatory eyewitness account}; or (2) punitive, retributive {vindicatory actions against the company}. Because sense 2 verges closely on the domain of “vindictive,” “vindicatory” should be reserved for sense 1. *”Vindicative” is a needless variant

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Garner’s Usage Tip of the Day: wear / wore / worn.

wear / wore / worn. So inflected. The simple-past “wore” is sometimes mistakenly used as a past participle — e.g.: o “And Imler turned out to be a pleasant surprise, using his quickness to create shots and gaining confidence at the point as the season has wore [read ‘worn’] on.” John C. Cotey, “The 2

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Garner’s Usage Tip of the Day: weaponize.

weaponize. For a long time — probably beginning in the 1970s — this “-ize” neologism was in the exclusive domain of military and international-relations jargon. Uses were infrequent, but the word occurred as early as 1984 — e.g.: “‘Absolutely no work is being done to develop, manufacture, store or weaponize biological warfare agents,’ the [Pentagon]

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

Miscellaneous Entries. vice; vise. In American English, a “vice” is an immoral habit or practice, and a “vise” is a tool with closable jaws for clamping things. But in British English, the tool is spelled like the sin: “vice.” vichyssoise (= a thick soup made with potatoes and leeks and usu. served cold) is often

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LawProse Lesson #160: Correct punctuation with quotation marks.

Correct placement of punctuation in relation to quotation marks. A common grammatical concern is how to punctuate around a quotation correctly. Does a semicolon go inside or outside the closing quotation mark? What about a question mark? What if the quotation itself is a question? And what if you have nested quotations? Here are some

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Garner’s Usage Tip of the Day: wean.

wean. “Wean” means either “to cause (a child or young animal) to become accustomed to food other than the mother’s milk” or, by extension, “to withdraw (a person) gradually from a source of dependence.” Thus, a person is typically “weaned off” something — e.g.: o “Skeptics have claimed this decline in caseload would slow and

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Garner’s Usage Tip of the Day: *way which.

*way which. *”Way which” is erroneous for “way in which.” E.g.: “This column has as its main goal the empowerment of you, the reader, about ways which [read ‘ways in which’] you can become more informed and thereby take more responsibility for your own health.” Glenn Ellis, “Using Herbs as a Method of Preventive Medicine,”

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

way(s). In the sense “the length of a course or distance,” “way” is the standard term {a long way}. “Ways” is dialectal. So it’s surprising to find “ways” in serious journalism — e.g.: “This is premature, of course; Fox still has a ways to go [read ‘some way to go’?] before it’s a full-fledged network.”

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

Miscellaneous Entries. verbatim; literatim; ipsissima verba. These apparent synonyms carry slight nuances. “Verbatim” = word for word. “Literatim” = letter for letter. Sometimes the phrase “verbatim et literatim” is seen. “Ipsissima verba” (lit., “the selfsame words”) = the exact language used by someone quoted (Webster’s Collegiate Dictionary [11th ed.]). verdict refers to a jury’s pronouncement.

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