Today I put this out on Twitter: Has anyone encountered an instance of someone seeking to use "including" to add to a class something that categorically would not otherwise be part of the class? For example, "fruit, including carrots." — Ken Adams (@AdamsDrafting) January 6, 2022 This question came to mind because it’s one aspect of including pathology that I … Read More
If there’s one thing I’ve learned, it’s that you’d have to look far and wide to find a judge who has a clue about commas. Thanks to the opinion in ECB USA, Inc. v. Chubb Insurance Co. of New Jersey, No. 20-20569-CIV, 2021 WL 5989230 (S.D. Fla. Dec. 17, 2021) (PDF here), we have further reason for despair in that … Read More
[Updated 3 Jan. 2022] It could be gratifying when no one notices that I’ve screwed something up. No egg on my face! But instead, it’s a little disconcerting. No one cares! Or Serious egg on my face later, when I repeat the mistake in print! In the original version of this post (published in 2018), I misunderstood entirely the usage … Read More
[Warning: I made this first bit up just to accommodate my fish-gutting analogy. Why that analogy? Because it came to mind so I went with it!] Last month I was isolating in Alaska with my lacrosse buddies, Declan Smartwood, Jr. and Shackleford Stanwick, Sr. We spent our time salmon fishing. I’m not a fan of killing fish, but Dec and … Read More
By popular acclaim—well, because three people on Twitter asked me to—I will now explain for you the first rule of enumerated clauses. I’d like to say that the first rule of enumerated clauses was recovered from one of the cuneiform tablets that constitute the Kültepe texts, found in Kanesh, an archaeological site in Kayseri Province, Turkey. But in fact, I … Read More
In the early days of the pandemic, the fortunate among us had the luxury of wondering what to do with themselves in isolation. It seems that for many, the answer was, “Baking!” In particular, Ooni pizza ovens have been selling like crazy. If you find yourself in the company of people who own an Ooni pizza oven, be prepared for … Read More
In this July 2020 post I discussed a feature I called “delimiting commas in coordination.” It’s a subtle topic, and over time I realized that my post wasn’t as clear as it might be. So now I permit myself take two *** This post considers a feature of comma use that might not be clear enough to rely on to … Read More
It’s time for me to revisit what verb tense to use in a conditional clause. It’s OK, no need to thank me! The following examples fall into two groups, those that relate to a moment in time and those that relate to a period of time. (In the examples, the conditional clause is the part beginning with If; the matrix … Read More
A few months ago I noticed that the Georgetown Law Journal had published a student note entitled Is This Really The Best We Can Do? American Courts’ Irrational Efforts Clause Jurisprudence And How We Can Start To Fix It. It’s by Charles Thau, who has now graduated. Hi Charles, and congratulations on the note! My only reason for mentioning this … Read More
Sporadically I get feedback from people who have taken my online course Drafting Clearer Contracts: Masterclass. Today the professional-development person at a law firm said to me in an email, “We’ve signed up a few of our associates this year for your Masterclass sessions with great feedback.” And here’s the review someone just posted: This is a great class. It … Read More
