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).
Magistrate Judge Wells clearly prefers placing citations in footnotes.