Bryan A. Garner

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

Miscellaneous Entries. workers’ compensation; workmen’s compensation. These words contain a plural possessive, hence “workers’” and “workmen’s” — not “worker’s” and “workman’s.” “Workers’ compensation” now predominates, doubtless because of a sensitivity to the sexism of the other. Another erroneous form is *”workers compensation.” workforce; workload. Each is one word. working. Radio announcers throughout the Southwest commonly …

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Garner’s Usage Tip of the Day: womankind; *womenkind.

womankind; *womenkind. *”Womenkind” is erroneous, since “-kind” includes all the members of the sex. E.g.: o “Now she feels she’s pressured about what her roles will say to all of womenkind [read ‘womankind’].” Matthew Gilbert, “Fiorentino Sees ‘Jade’ Role as Reward, Not Selling Out,” Seattle Post-Intelligencer, 16 Oct. 1995, at D1. o “In the Neil …

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Garner’s Usage Tip of the Day: *without scarcely.

*without scarcely. This phrasing is an optical illusion: something of a redundancy while something of an oxymoron. Whatever it is, though, it’s illogical — e.g.: o “He shook hands without scarcely [read ‘without’ or ‘scarcely’] noticing those who were there to encourage him.” Godfrey Sperling, “The Power of a Candidate’s Prose,” Christian Science Monitor, 8 …

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LawProse Lesson #171: “On” or “upon”?

On or upon? These prepositions are usually synonymous and used in virtually identical ways. The distinctions are primarily in tone and connotation. On — the shorter, simpler, more direct word — is generally preferable {the trial court’s decision was based on the parol-evidence rule} {service on a defendant} {the case centers on a 2006 contract} …

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Garner’s Usage Tip of the Day: wisteria; wistaria.

wisteria; wistaria. Americans are often surprised to learn that the flowery vine was named “wistaria” (after Caspar Wistar, an anatomist), not “wisteria.” A prominent etymologist calls the change in spelling “apparently a misprint” in 1819. Robert K. Barnhart, Dictionary of Etymology 885 (1995). The original does still show up in American print sources, but usually …

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

Miscellaneous Entries. wolverine; *wolverene. The latter is a needless variant. woolliness is the quality of being confused, hazy, indefinite, and indistinct in expression. Excessive cross-references, as in the Internal Revenue Code, are perhaps the apotheosis of woolliness — e.g.: “For purposes of paragraph (3), an organization described in paragraph (2) shall be deemed to include …

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LawProse Lesson #170: Why does it matter how you state a legal issue?

Why does it matter how you state a legal issue? It matters in the most fundamental way: it can determine whether you win or lose. It’s the most important aspect of a lawsuit. Bryan Garner, author of The Winning Brief, has been called the preeminent expert on issue-framing. He teaches lawyers to fashion appealing issues …

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Garner’s Usage Tip of the Day: who’s who.

who’s who. “Who’s Who” is a shortened form of “who is who” (the second “who” being correct as a predicate nominative). But some writers — despite the popularity of various widely touted books called “Who’s Who” — mangle the phrase into *”who’s whom.” E.g.: o “The charade of who’s whom [read ‘who’s who’] and what’s …

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Garner’s Usage Tip of the Day: who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever).

who(so)ever, whom(so)ever; *whoso(ever), *whomso(ever). Part A: Choice of Term. The forms “whoever” and “whomever” are preferred in modern writing. But the archaisms *”whosoever” and *”whomsoever,” as well as *”who(m)so,” appear sometimes in legalese. Often these terms are superfluous, as here: “This is a right that avails against all persons whomsoever [delete ‘whomsoever’] in the world.” …

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

Miscellaneous Entries.  *withal is an archaism for “besides,” “nevertheless,” “still,” “with,” or “therewith.” E.g.: “There is, withal [read ‘nevertheless’], much to admire in these memoirs and in the diplomacy they recount.” David C. Hendrickson, “White House Years,” Foreign Affairs, 19 Sept. 1997, at 223. wither is misused for “whither” in the following title: John Darnton, …

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Garner’s Usage Tip of the Day: whose (1).

whose (1). Today: Meaning “of which.” “Whose” may usefully refer to things {an idea whose time has come}. This use of “whose,” formerly decried by some 19th-century grammarians and their predecessors, is often an inescapable way of avoiding clumsiness — e.g.: o “Many people assumed that this was the river Ankh, whose waters can be …

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LawProse Lesson #169: Persuasive motion practice.

How much can you learn about persuasive motion practice in one day? A whole lot — if you have the right teacher and the right approach. LawProse’s new Winning Brief seminar — with its 3d-edition 775-page coursebook published by Oxford University Press — breaks the subject of persuasive litigation writing into 100 bite-sized lessons that …

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Garner’s Usage Tip of the Day: whole entire.

whole entire. This is a common redundancy — e.g.: o “This has them ranked sixth in the whole entire [delete ‘whole entire’] nation, greatly reducing their margin of error for reaching their four-loss quota.” Bob Wojnowski, “They’re No Longer Many, So Here Are a Few Heartfelt Suggestions to Help Restore Irish Spring,” Detroit News, 26 …

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Garner’s Usage Tip of the Day: whoever; whomever.

whoever; whomever. Here’s the traditional rule about the nominative “whoever” and the objective “whomever.” If the word that completes the syntax after “-ever” is a verb, the correct choice is “whoever” {they praise whoever performs well} — even if there are a few intervening words {whoever, under these conditions, can deliver the goods on time …

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

Miscellaneous Entries. willful; wilful. “Willful” is preferred in American English, “wilful” in British English. *”Willfull,” a misspelling, occasionally appears. willy-nilly, adv. & adj., = (1) by compulsion {he forced his brother to accompany him willy-nilly}; or (2) in a haphazard, unplanned way {so far, all our meetings have occurred willy-nilly}. The phrase is sometimes, as …

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LawProse Lesson #168: Structuring a textual argument.

Structuring a textual argument. Here’s a little-known secret of advocacy: courts tend to analyze questions of interpretation systematically — in this order: (1) text, (2) structure, (3) purpose, and (4) history. The courts, especially federal courts, have explicitly endorsed the technique. In fact, they developed it from the germ of an idea expressed by Justice …

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