How to Persuade a Judge, by Justice Scalia

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The signature of Antonin Scalia.
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According to Justice Antonin Scalia in his book Making Your Case, Judges can be persuaded only when three conditions are met:

(1) They must have a clear idea of what you’re asking the court to do.

(2) They must be assured that it’s within the court’s power to do it.

(3) After hearing the reasons for doing what you are asking, and the reasons for doing other things or doing nothing at all, they must conclude that what you’re asking is best — both in your case and in cases that will follow.

Although I disagree with his philosophy and much of his approach to the Constitution, I have to give Justice Scalia (and his writing partner Bryan Garner) kudos for writing a cogent and relevant book on arguing before a court.  It is a must read for anyone who makes a living before judges.

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