布莱恩·加纳(1958 年 11 月 17 日出生)是美国律师、语法学家和词典编纂者。他还撰写有关法理学的文章(偶尔也会写高尔夫)。他着有超过 25 本书,其中最著名的是 Garner 的《现代英语用法》(2016 年第 4 版)和《阅读法:法律文本的解释》(2012 年——与安东宁·斯卡利亚大法官合着),以及四本未删节的布莱克法律词典的版本。他担任南卫理公会大学法学杰出研究教授。他还不时在德克萨斯大学法学院、德克萨斯 A&M 法学院和德克萨斯理工大学法学院任教。
2009 年,他在国会图书馆举行的伯顿奖颁奖典礼上被评为十年法律写作和参考书作者。他还获得了许多其他奖项,包括本杰明·富兰克林图书奖、文士图书奖、伯尼·西根奖和明语中心颁发的终身成就奖。
他的工作在我们理解现代判断、辩护、语法、英语用法、法律词典和普通法判例系统方面发挥了核心作用。他的著作经常被包括美国最高法院在内的美国各级法院引用。
The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts pdf 布莱恩·加纳
It its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the
first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present.
In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads.
Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing.
In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close
study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering").
Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal.
An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf-it should be open on your desk.