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nor usually follows a neither when they're used in the same sentence (1). For example, you might say, “I like neither hot dogs nor mustard.” You may also use nor if you’re talking about more than two items, but you must repeat nor after each element (2). So if you want to add ketchup to your list of dislikes, you have to say, “I like neither hot dogs nor mustard nor ketchup.” It would be incorrect to use an or anywhere in that sentence—or to leave out either case of nor. Neither can appear at the beginning of a sentence as well as the middle. For example, “Neither the man n...

This article originally appeared in the American Bar Association Business Law Section's Business Law Today publication on January 20, 2021. On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act (TCPA). The Court must resolve a split among federal appellate courts regarding that definition. While predicting the outcome of Supreme Court decisions based on oral argument is a risky venture, the likelihood of a decision in Fac...

There's a formula for effectively explaining caselaw Photo of Bryan Garner by Winn Fuqua Photography Legal writers are constantly called on to explain things: how an invention works, how a statute’s wording affects its application, why certain people’s actions do or don’t amount to a conspiracy, why a state statute violates the federal constitution and so on. Among the most difficult and predictably recurrent types of explanation is why a legal precedent bears on a point to be decided. Although every lawyer must be prepared to do this, it’s surprisingly tricky. Just as you know people...

To embed, copy and paste the code into your website or blog: “At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s best known Preppy—the cool kid with politician hair toting the raddest, most cutting edge, must-have gizmo his Dad’s money could buy: a Motorola DynaTAC 8000X. Yes, I mean the “brick” phone. Standing 13 inches tall and weighing nearly 2 lbs., it was a marvel of its time. To say the now comically ov...

December 15, 2020 at 12:31 PM Shares2 Kannon Shanmugam, at the Paul Weiss offices in Washington, D.C. (photo by David Lat). Ed. note: This column originally appeared on December 9 on Original Jurisdiction, the new Substack publication from David Lat. I’m often asked whether I miss the practice of law. Generally my answer is no; I love my work of writing about law and the legal profession. But as a former appellate attorney, if I could return to the world of practice for one experience, it would be to argue a case before the U.S. Supreme Court. Having even just one argument before SCOTUS is ...