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LWP Opinion: Kagan’s Writing Makes Her a Perfect Fit. Elena Kagan and the Chief Justice are known to scuffle. “That’s absolutely startling,” exclaimed Roberts two months ago, after Kagan suggested that a plea agreement with federal prosecutors might not bind other parts of the government.
Jun 29, 2013 · The force of Justice Kagan’s writing advances her generally moderate liberal views, but, just as crucial, it pushes back against conservative justices she often votes against in major cases.
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In public remarks, Kagan has said that, in writing opinions, “I tend not to try to get people to feel things.” But her writing often stirs feelings—of purpose, comprehension, and belonging. She is among the best writers ever on the Supreme Court.
- Light Is Right. How does Kagan win a perfect 100 Punchiness Score? More than almost any other legal writer today, she shuns wordy or legalistic language and favors its tight, modern equivalent.
- I Hear You. During an interview in 2018 with the Dean of Harvard Law School, John Manning, Kagan explains that when she writes an opinion, she tries to re-create what she used to do when she prepared to teach a law school class: imagining a smart audience that doesn’t know much about the topic.
- Spice It Up. In its natural form, legal writing can sound like a dirge. Yet Kagan does what she can to spin a melody with a beat instead. Start with some short sentences
- Let It Flow. How does Kagan achieve a flawless 100/100 in Flowing and Cohesive? Transitions, transitions, transitions. But do you know what transitions you won’t find in her opinion?
Oct 25, 2020 · Laura Krugman Ray, Professor of Law at Widener University, argues that Justice Kagan’s writing not only makes opinions accessible, but demonstrates that Justice Kagan believes “legal doctrine should, at its core, be grounded in the texture of common experience and understandable through the same lens that non-lawyers use to assess questions ...
Jun 13, 2013 · Writings by Justice Kagan grouped by type, in alphabetical order by first party name [ Opinions | Concurrences | Dissents | Concur in part, dissent in part ]
Jul 28, 2011 · July 27, 2011. Strong Opinions. This year’s biggest surprise at the Supreme Court: Elena Kagan’s prose. The Supreme Court has included good writers and bad writers during the past two...
