Bryan A. Garner
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Bryan Andrew Garner (born 1958) is an American lawyer, lexicographer, and teacher who has written more than two dozen books about English
usage The usage of a language is the ways in which its written and spoken variations are routinely employed by its speakers; that is, it refers to "the collective habits of a language's native speakers", as opposed to idealized models of how a languag ...
and
style Style is a manner of doing or presenting things and may refer to: * Architectural style, the features that make a building or structure historically identifiable * Design, the process of creating something * Fashion, a prevailing mode of clothing ...
such as ''Garner's Modern English Usage'' for a general audience, and others for legal professionals. He 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). The founder and president of LawProse Inc., he 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 The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
.


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 nort ...
, 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 an ...
. He attended the
University of Texas at Austin The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
, 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 Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
degree, Garner entered the
University of Texas School of Law The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
, where he served as an associate editor of the ''
Texas Law Review The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...
''.


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 l ...
degree in 1984, he clerked for Judge Thomas M. Reavley 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 University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
, the
UC Berkeley School of Law The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
,
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 ( Stetson, 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 enr ...
). 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 William Shakespeare ( 26 April 1564 – 23 April 1616) was an English playwright, poet and actor. He is widely regarded as the greatest writer in the English language and the world's pre-eminent dramatist. He is often called England's nation ...
. 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 A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ...
in footnotes 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 surprising 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 Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chic ...
of the U.S. Court of Appeals for the Seventh Circuit,Richard A. Posner
"Against Footnotes"
38 Court Rev. 24 (Summer 2001) (answering Garner
"Clearing the Cobwebs from Judicial Opinions"
38 Court Rev. 4 (Summer 2001)).
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 debto ...
, 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 C ...
) 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 ''Garner's Modern English Usage'' (''GMEU''), written by Bryan A. Garner and published by Oxford University Press, is a usage dictionary and style guide (or ' prescriptive dictionary') for contemporary Modern English. It was first published in 1 ...
''. This dictionary was the subject of
David Foster Wallace David Foster Wallace (February 21, 1962 – September 12, 2008) was an American novelist, short story writer, essayist, and university professor of English and creative writing. Wallace is widely known for his 1996 novel '' Infinite Jest'', whi ...
'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 ''The Chicago Manual of Style'' (abbreviated in writing as ''CMOS'' or ''CMS'', or sometimes as ''Chicago'') is a style guide for American English published since 1906 by the University of Chicago Press. Its 17 editions have prescribed writi ...
'', 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 ...
''. 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. * ''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'') * ''
Garner's Modern English Usage ''Garner's Modern English Usage'' (''GMEU''), written by Bryan A. Garner and published by Oxford University Press, is a usage dictionary and style guide (or ' prescriptive dictionary') for contemporary Modern English. It was first published in 1 ...
'' (4th ed. 2016) * ''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 ...
'' (11th ed. 2019; abr. 10th ed. 2015; and 5th pocket ed. 2016) * ''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 David Foster Wallace (February 21, 1962 – September 12, 2008) was an American novelist, short story writer, essayist, and university professor of English and creative writing. Wallace is widely known for his 1996 novel '' Infinite Jest'', whi ...
, 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 ''The Chicago Manual of Style'' (abbreviated in writing as ''CMOS'' or ''CMS'', or sometimes as ''Chicago'') is a style guide for American English published since 1906 by the University of Chicago Press. Its 17 editions have prescribed writi ...
'', 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, 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


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 and broadcasters Plain English Writers of style guides University of Texas School of Law faculty Southern Methodist University faculty People from Canyon, Texas