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4.3 ★★★★★
Based on 11 reviews
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★★★★★ 4
You don't have to like Justice Scalia to like his book.
Perhaps an appellate brief that you wrote would have been perfect if only the judge had read it. The lesson you learned, hopefully, was that there is no guarantee that a judge will read your brief. The lesson you can learn from "Making Your Case" is how to write so that the judges will read what you wrote - preferably before your oral argument. Writing in a quite candid, lucid and entertaining style, Scalia and Garner serve up tips that even the most experienced lawyers can learn from. If you find yourself approaching the court's word limit, for example, you may be minimizing the chances of having your brief read, as judges really do favor brevity. How do you write for a court that is notoriously dismissive of higher court precedents? How do you best respond to a judge who asks whether you would be content with a remand? These and other critical questions are addressed simply yet insightfully. If your legal education stressed the IRAC approach (Issue, Rule, Application, Conclusion), Scalia and Garner take you a step further by stressing a syllogistic approach. Even if you have already been exposed to all the best ideas about persuading appellate judges, you are still likely to gain much rom reading "Making Your Case" because the authors organize all those ideas in a way that makes them much easier to remember and keep them in mind as you prepare your written and oral arguments. Justice Scalia calls his approach to legal reasoning and argument "textualism," which I understand to mean that his decisions are driven by the language of the law and of the case. My impression from reading many of his decisions is that he is often driven by ideology, so I can't quite square his book with his decisions. I also question the book's fundamental statement that the overriding objective of a brief is to make the court's job easier, as I prefer to write primarily for the purpose of winning the case. My criticisms of "Making Your Case" are miniscule compared to those thrown at it by Richard Posner. But although I find Judge Posner's decisions generally more fair than those of Justice Scalia, I prefer the clarity of Justice Scalia's writing - especially when he teams up with Bryan Garmer. Judge Posner notwithstanding, Scalia and Garner have put together a gem that is likely to prove invaluable for law students as well as for trial and appellate lawyers who are still interested in improving their game. If you fall into either category, buy this book, read it two or three times, and then keep it handy as a reference. It should help you make your case.
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Reviewed in the United States on December 18, 2012
★★★★★ 5
A Great Read... (for those in the legal field)
A great gift for those in the legal field. We ordered several for gifts throughout the year.. Made a great little gift basket with a bottle of whiskey :)
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Reviewed in the United States on January 20, 2026
★★★★★ 5
Elegant, useful
Simply the best book on legal persuasive writing ever written.
Interesting, useful, fun, full of great anecdotes. Terrific discussion of statutory interpretation. Great references to scholarly classical treatises on rhetoric. This book is wonderful both for its analysis of oral argument and for its discussion of written forms of persuasion, like briefs. I wish I had had it earlier.
My only complaint is the same one I have with virtually all modern style manuals: they advocate a simplistic prose style, characterized by short, conversational sentences, avoiding unusual words, eschewing Latin phrases. But I personally often find prose that breaks these rules a refreshing change. I enjoy reading a word or phrase I rarely see but that is perfectly chosen. And I enjoy learning new words or phrases. This book would condemn two of the greatest legal prose stylists out there: John Marshall and Learned Hand, both of whose opinions often contained sentences that would not work so well conversationally, that were full of long, convoluted sentences and classical allusions. My sense is that in this joint work Justice Scalia, who can write rich and interesting prose, pushed back against some of the simplifying strictures of his co-author.
Furthermore, I think that often too much emphasis on simple words and sentences serves to make more complex ideas too difficult to express or to understand. Thus, the book (like most books) argues against "jargon," but jargon, once learned, is often a much clearer way of expressing something than a rephrasing.
And the Roe v. Wade anecdote is great! It explains a lot...
In any case, I am hardly qualified to criticize Justice Scalia, whose writing is far beyond my own. Anyway, this is a great book.
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Reviewed in the United States on May 7, 2008
★★★★★ 5
Recomendado para todo estudiante de Derecho
Libro fácil de leer y fácil de comprender. Recomendado
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Reviewed in the United States on April 2, 2026
★★★★★ 5
Wonderful and useful book.
Format: Kindle
I am very glad I purchased this book. I used it over and over again. Wrote many notes and it added much value to pursue my cases at courts. This is a true asset for providing an overall overview with much advice.
I also purchased his other book The Winning Brief, but that is only available in paper format and it is mainly for linguistic help in writing briefs for appellate court, for the purpose of really perfecting your writing. At lower courts or supreme courts you just do not have the time to think in that much details and these courts may not even read it. You are lucky if you can say two sentences on court appearances. They do not put that much into details when making judgments, so most likely your case ends up in the appellate, and here that book becomes valuable too - The Winning Brief.
Again, this book really excellent and pleasant to read. The Kindle version was easy to search for anything, word, phrase, notes.
5 star book. THANKS.
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Reviewed in the United States on February 19, 2018
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