To footnote or not to footnote, that is the question

Reading Magistrate Judge Brooke C. Wells’ latest opinion reminds me of a continuing debate between comentators, authors and judges regarding the writing style of judicial opinions.

There seems to be a growing trend for some judges to put citations in footnotes and to generally abstain from using substantive footnotes.  This argument is advocated by leading author Bryan Garner, as summarized by this article. (By the way, Garner’s lectures and seminars are outstanding if you ever have the chance to attend).

Judge Richard A. Posner, a judge on the U.S. Court of Appeals for the Seventh Circuit, opposes this style, as outlined in this article

Magistrate Judge Wells clearly prefers placing citations in footnotes.

Advertisements
Explore posts in the same categories: Craig's commentary, Magistrate Judge Brooke C. Wells, Miscellaneous

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: