Bryan A. Garner
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Bryan Andrew Garner (born November 17, 1958) is an American legal scholar and lexicographer. He has written more than two dozen books about English usage and style such as ''Garner's Modern English Usage'' for a general audience, and others for legal professionals. Garner also wrote two books with Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
: ''Making Your Case: The Art of Persuading Judges'' (2008) and ''Reading Law: The Interpretation of Legal Texts'' (2012). He is the founder and president of LawProse Inc. Garner serves as Distinguished Research Professor of Law at Southern Methodist University Dedman School of Law. He is also a lecturer at his alma mater, the University of Texas School of Law. He is the founder and chair of the board for the American Friends of Dr. Johnson's House, a nonprofit organization supporting the house museum in London that was the former home of
Samuel Johnson Samuel Johnson (18 September 1709  – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, critic, biographer, editor and lexicographer. The ''Oxford ...
, the author of the first authoritative ''Dictionary of the English Language''.


Early life and education

Garner was born on November 17, 1958, in
Lubbock, Texas Lubbock ( ) is the 10th-most populous city in the U.S. state of Texas and the seat of government of Lubbock County. With a population of 260,993 in 2021, the city is also the 85th-most populous in the United States. The city is in the northw ...
, and raised in
Canyon, Texas Canyon is a city in, and the county seat of, Randall County, Texas, United States. The population was 14,836 at the 2020 census. It is part of the Amarillo, Texas, metropolitan statistical area. Canyon is the home of West Texas A&M University and ...
. He attended the University of Texas at Austin, where he published excerpts from his senior thesis, notably "Shakespeare's Latinate Neologisms" and "Latin-Saxon Hybrids in Shakespeare and the Bible". After receiving his Bachelor of Arts degree, Garner entered the University of Texas School of Law, where he served as an associate editor of the '' Texas Law Review''.


Career

After receiving his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
degree in 1984, he clerked for Judge
Thomas M. Reavley Thomas Morrow Reavley (June 21, 1921 – December 1, 2020) was an American jurist, who was a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit (and the oldest serving federal judge) at the time of his ...
of the
U.S. Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Mi ...
before he joined the Dallas firm of Carrington, Coleman, Sloman & Blumenthal. He then returned to the University of Texas School of Law and was named director of the Texas/Oxford Center for Legal Lexicography. In 1990, he left the university to found LawProse Inc., which provides seminars on clear writing, briefing and editing for lawyers and judges. Garner has taught at the University of Texas School of Law, the UC Berkeley School of Law,
Texas Tech University School of Law The Texas Tech University School of Law is an ABA-accredited law school located on the campus of Texas Tech University in Lubbock, Texas. The school offers three academic centers, ten dual-degree programs, a nationally recognized legal writing p ...
, and
Texas A&M University School of Law Texas A&M University School of Law is an ABA-accredited law school located in downtown Fort Worth, Texas. It was formerly part of Texas Wesleyan University until it was acquired by Texas A&M University. The law school is a member of the Associati ...
. He has been awarded three honorary doctorates from
Stetson Stetson is a brand of hat manufactured by the John B. Stetson Company. "Stetson" is also used as a generic trademark to refer to any campaign hat, in particular, in Scouting. John B. Stetson gained inspiration for his most famous hats when he ...
, La Verne, and
Thomas M. Cooley Law School Western Michigan University Cooley Law School ("Cooley") is a private law school in Lansing, Michigan and Riverview, Florida. It was established in 1972. At its peak in 2010, Cooley had over 3,900 students and was the largest US law school by en ...
. He serves on the Board of Advisers of '' The Green Bag''.


Author

As a student at the University of Texas School of Law in 1981, Garner began noticing odd usages in lawbooks, many of them dating back to Shakespeare. They became the source material for his first book, ''A Dictionary of Modern Legal Usage'' (1987). Since 1990, his work has focused on teaching the legal profession clear writing techniques. In books, articles, and lectures, Garner has tried to reform the way bibliographic references are " interlarded" (interwoven) in the midst of textual analysis. He argues for putting citations in
footnote A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the ...
s and notes that in-text information that is important but non-bibliographic. He opposes references such as "457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 89 L.Ed.2d 744, 747" as interruptions in the middle of a line. However, such interruptions in judges' opinions and in lawyers' briefs have remained the norm. Some courts and advocates around the country have begun adopting Garner's recommended style of footnoted citations, and a degree of internal strife has resulted within some organizations. For example, one appellate judge in Louisiana refused to join in a colleague's opinions written in the new format. Garner says that one of the main reasons for the reform is to make legal writing more comprehensible to readers who lack a legal education. That has attracted opposition, most notably from Judge Richard Posner of the
U.S. Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Ill ...
, and from his co-author, Justice
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
. Since 1992, Garner has contributed numerous revisions to the field of procedural rules, when he began revising all amendments to the sets of Federal Rules (
Civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
,
Appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
,
Evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
,
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
, and
Criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
) for the
Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
. Garner and Justice Scalia wrote ''Making Your Case: The Art of Persuading Judges'' (2008). Garner maintains a legal consulting practice, focusing on issues in statutory construction and contractual interpretation.


English grammar and usage

Garner's books on English usage include '' Garner's Modern English Usage''. This dictionary was the subject of David Foster Wallace's essay "Authority and American Usage" in '' Consider the Lobster and Other Essays'', originally published in the April 2001 issue of ''Harper's Magazine''. In 2003, Garner contributed a chapter on grammar and usage to the 15th edition of '' The Chicago Manual of Style'', and later editions have retained it.


''Black's Law Dictionary''

In 1995, Garner became the editor-in-chief of ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...
''. He created a panel of international legal experts to improve the specialized vocabulary in the book. Garner and the panel rewrote and expanded the dictionary's lexicographic information.


Bibliography

Only current editions are shown. * '' Garner's Modern English Usage'' (5th ed. 2022) * ''Nino and Me: My Unusual Friendship with Justice Antonin Scalia'' (2017). Threshold Editions. * ''The Chicago Guide to Grammar, Usage, and Punctuation'' (2016; an expanded version of his chapter in ''The'' ''Chicago Manual of Style'') * ''The Rules of Golf in Plain English'' (with Jeffrey S. Kuhn, 4th ed. 2016) * ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...
'' (12th ed. 2024; abr. 10th ed. 2015; and 6th pocket ed. 2021) * ''Guidelines for Drafting and Editing Legislation'' (2015) * ''The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts'' (3rd ed. 2014) * ''HBR Guide to Better Business Writing'' (2013) * ''Legal Writing in Plain English: A Text with Exercises'' (2nd ed. 2013) * ''Quack This Way: David Foster Wallace & Bryan A. Garner Talk Language and Writing'' (transcript of an interview with David Foster Wallace, 2013). RosePen Books. * ''The Redbook: A Manual on Legal Style'' (3rd ed. 2013) * ''Reading Law: The Interpretation of Legal Texts'' (with Justice Antonin Scalia, 2012) * ''Garner's Dictionary of Legal Usage'' (3rd ed. 2011) * '' The Chicago Manual of Style'', Ch. 5 "Grammar and Usage", (16th ed. 2010) * ''Ethical Communications for Lawyers: Upholding Professional Responsibility'' (2009). LawProse, Inc. * '' Garner on Language and Writing: Selected Essays and Speeches of Bryan A. Garner'' (foreword by Justice Ruth Bader Ginsburg, 2009). American Bar Association. * ''The Winning Oral Argument: Enduring Principles with Supporting Comments from the Literature'' (2nd ed. 2009) * ''Making Your Case: The Art of Persuading Judges'' (with
Justice Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
, 2008) * ''A New Miscellany-at-Law: Yet Another Diversion for Lawyers and Others'' (by
Robert Megarry Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge. Originally a solicitor, he requalified as a barrister and also pursued a parallel career as a legal academic. He later became a High ...
, Garner ed., 2005). Hart. * ''The Elements of Legal Style'' (2nd ed. 2002) * ''Guidelines for Drafting and Editing Court Rules'' (2002) * ''A Handbook of Family Law Terms'' (2001). West Group. * ''A Handbook of Criminal Law Terms'' (2000). West Group. * ''The Oxford Dictionary of American Usage and Style'' (2000; an abridged version of A Dictionary of Modern American Usage, 1st ed. 1998) * ''A Handbook of Basic Law Terms'' (1999). West Group. * ''A Handbook of Business Law Terms'' (1999). West Group. * ''Securities Disclosure in Plain English'' (1999). CCH Inc. * ''Texas, Our Texas: Remembrances of The University'' (1984). (editor)


See also

*
Skunked term A skunked term is a word that becomes difficult to use because it is transitioning from one meaning to another, perhaps inconsistent or even opposite, usage, or a word that becomes difficult to use due to other controversy surrounding the word. P ...


Notes


References


External links


LawProse
* Intervie

with Garner on KERA (FM), KERA 90.1. The mp3 podcast of the interview is available at
1
an
Hour 2

Biography at the ''Texas Law Review''

"Clearing the Cobwebs on Judicial Opinion", from the Summer 2001 issue of ''Court Review'' 21
* {{DEFAULTSORT:Garner, Bryan A. Living people 1958 births People from Lubbock, Texas University of Texas at Austin alumni American lawyers American legal scholars American legal writers American lexicographers Legal educators Golf writers Plain English Writers of style guides University of Texas School of Law faculty Southern Methodist University faculty People from Canyon, Texas