Bryan A. Garner

LawProse Lesson #196: “Notwithstanding”

Notwithstanding. “Notwithstanding is much too ponderous for everyday life. Say in spite of or despite.” — Rudolf Flesch, The ABC of Style 207 (1964). After 50 years, Flesch’s sentiment still holds true for most writing—even most legal writing. There are two main problems with notwithstanding. First, it’s a cumbersome connector that bogs down your prose. In legal writing, …

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

Miscellaneous Entries. kindergarten. This German loanword for “children’s garden” has been in use in English since at least the mid-18th century with its foreign spelling intact. It is sometimes misspelled as if it were anglicized — e.g.: “Lexington is the largest school in the state for the profoundly deaf and hard-of-hearing, and educates students from …

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Garner’s Usage Tip of the Day: lest (2).

lest (2). Today: Mood Following “lest.” “Lest” is best followed by a verb in the subjunctive mood, not the indicative, because “lest” points to something that is merely possible, not definite — e.g.: “The Bosnian Serb military leader is reportedly leery of leaving the self-proclaimed republic of Srpska, lest he be dragged off to The …

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LawProse Lesson #195: “Due to” what?

Due to what? Traditionally, due functions as either a noun meaning “something owed” {The players finally gave their coach his due.} or an adjective meaning “adequate” or “appropriate” {due process} {with all due respect}. The phrase due to most traditionally functions as an adjective meaning “attributable to.” Linguistic conservatives think that the phrase is best used (1) after a …

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Garner’s Usage Tip of the Day: less (3).

less (3). Today: Two Last Things. Part A: And “lesser.” “Lesser,” like “less,” refers to quantity, but it is confined to use as an adjective before a singular noun and following an article {a lesser crime} or alone before a plural noun {lesser athletes}, thus performing a function no longer idiomatically possible with “less.” Dating …

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

less (1). Today: And “fewer.” Strictly, “less” applies to singular mass nouns {less water} and “fewer” applies to plural count nouns {fewer interruptions}. An exception occurs when the plural count nouns are divisible units of measurements that essentially function as mass nouns {less than $5 a day}. Only if the units of measure are clearly …

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

Miscellaneous Entries. kaffeeklatsch, a German loanword meaning “a coffee-drinking group that engages in leisurely conversation,” is so spelled. “Coffee klatsch” and “coffee klatch” are variant forms. kaleidoscope. So spelled. Kazakhstan. So spelled — with the medial “-h-.” The inhabitants of this former Soviet republic are called “Kazakhs.” kebab; kabob; kebob; cabob. The first of these …

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LawProse Lesson #194: Portmanteau words.

Portmanteau words. A portmanteau is a type of luggage with two separate sections. A portmanteau word is formed by combining the sounds and meanings of two different words. Linguists also call such a word a blend. Most portmanteaus merge the initial part of one word with the end of another: smog (smoke + fog) and infomercial (information + commercial). Others …

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Garner’s Usage Tip of the Day: lend — lent — lent.

lend — lent — lent. So inflected. “Lended” is a frequent error — e.g.: o “The $27 black windbreakers emblazoned with ‘Crown Casting Co.’ lended [read ‘lent‘] credibility in the final minutes before ‘Action!’” Ann E. Donlan, “54 Bad ‘Actors’ Answer Police ‘Casting Call,’” Boston Herald, 9 June 1997, at 5. o “Kukoc lended [read …

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Garner’s Usage Tip of the Day: legal holiday; bank holiday.

legal holiday; bank holiday. A “legal holiday” is a day designated by law as a holiday, accompanied by the closing of most public offices and paid leave for most public employees. Observance of a legal holiday by the private sector is voluntary. A legal holiday may be established by the national government (e.g., July 4 …

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LawProse Lesson #193: Words of the Year 2014

Words of the Year 2014. In keeping with a recently established tradition, various lexicographic departments have announced their Words of the Year. For 2014, Oxford Dictionaries picked vape. Although it originated as an abbreviated form of vapor or vaporize, Oxford gave vape its own entry in August 2014. The verb means “to inhale and exhale the vapor …

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

Miscellaneous Entries. junta; junto. Of Spanish origin, “junta” (= a political or military group in power, esp. after a coup d’état) is pronounced either /HOON-tuh/ or /JUHN-tuh/. It is much more common in American English than its altered form, “junto” /JUHN-toh/, which has undergone slight differentiation to mean “a self-appointed committee having political aims.” Ernest …

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Garner’s Usage Tip of the Day: legal; lawful; licit.

legal; lawful; licit. “Legal” is the broadest term, meaning either (1) “of or pertaining to law, falling within the province of law,” or (2) “established, permitted, or not forbidden by law.” These two senses are used with about equal frequency. “Lawful” and “licit” share sense 2 of “legal“: “according to or not contrary to law, …

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Garner’s Usage Tip of the Day: lectureship; lecturership.

Even though “lecturership” is more logical (being analogous to “professorship” and “ambassadorship,” for example), it hasn’t established itself as a standard term. The usual word is the age-old “lectureship,” which is now about 100 times as common in print sources — e.g.: “His extracurricular activities include guest lectureships at Juilliard and charities like Paul Newman’s …

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

Miscellaneous Entries. joust. The traditional view is that this word should be pronounced either /juhst/ or /joost/. See NBC Handbook of Pronunciation 264 (4th ed. 1984) (listing only /juhst/); William H.P. Phyfe, 20,000 Words Often Mispronounced 421 (1937) (listing only /juhst/ and /joost/). But almost all Americans say /jowst/; this pronunciation must be considered not …

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LawProse Notice: Adopt-a-Bobble-Bryan Program 2015.

Adopt-a-Bobble-Bryan Program 2015. On January 13th, 20 Bryan Garner bobbleheads will be looking for good homes. (Yes, for the first time ever, we’re selling the already-legendary bobbleheads for $500 each.) All proceeds will go to the Campaign for Equal Access to Justice for the Dallas Volunteer Attorney Program. Submit your request by e-mail to kcheng@lawprose.org …

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