Campbell Law Library: Judicial Opinion Writing Bibliography: Articles

Andrew Jensen Kerr, The Perfect Opinion, 12 Wash. U. Juris. Rev. 221 (2020)
This 2020 article collates favorite judicial opinions to provide insight on judicial perspectives.

Gerald Lebovits & Lucero Ramirez Hidalgo, Advice to Law Clerks: How to Draft Your First Judicial Opinion, 36 Westchester Bar J. 29 (2009).
Written for judicial clerks, this article provides advice on how to improve opinion-writing skills.

Gerald Lebovits, Alifya V. Curtin & Lisa Solomon, Ethical Judicial Opinion Writing, 21 Geo. J. Legal Ethics 237 (2008) .
This 2008 article was written by Gerald Lebovits, Alifya V. Curtin and Lisa Solomon and is available on the SSRN website. It provides the current comment and extensive references to texts related to judicial opinion writing.
Gerald Lebovits, What Trial Judges Want (and Don't Want) in Appellate Opinions, 23 J. App. Prac. & Process 375 (2023).
This paper discusses the likes and dislikes about the substance of style of appellate opinions from the perspective of a trial court judge.
James Boyd White, What’s an Opinion For? 62 U. Chi. L. Rev. 1363 (1995).
Very brief introduction to a special edition of the University of Chicago Law Review’s special issue dealing with writing judicial opinions.
Luke Burton, Less is More: One Law Clerk's Case Against Lengthy Judicial Opinions, 21 J. App. Prac. & Process 105 (2021).
A career law clerk explains the need for succinct judicial opinions.
Nancy J. Wanderer, Writing Better Opinions: Communicating with Candor, Clarity and Style, 54 Me. L. Rev. 47 (2002).
The author reviews the elements of judicial opinions and urges judges to keep their audience in mind when crafting judicial opinions that are clear and concise. On the philosophical side with quotes from well-known legal thinkers (Cardozo, Ginsberg, Coffin).
Richard A. Posner, Judges' Writing Styles (And Do They Matter?), 62 U. Chi. L. Rev. 1421 (1995).
Discusses the two main approaches to writing judicial opinions, formal versus pragmatic.
Richard B. Cappalli, Improving Appellate Opinions, 83 Judicature 286 (May/June 2000)
The author identifies some problems in judicial opinion writing such as overly broad holdings, rules without reasons, and the like and argues that judges should write to their audience: “the world of future lawyers and judges who, as part of their daily professional work, have to know what rights and duties are imposed by law.”
Roy W. McLeese III, Trying to Write Fair Opinions, 97 N.Y.U. L. Rev. 1353 (2022).
Brennan Lecture paper on the importance of writing fair opinions.
Ruggero J. Aldisert, Opinion Writing and Opinion Readers, 31 Cardozo L. Rev. 1 (2009).
Written by a judge, straight-forward practical advice about opinion writing.

Ruth C. Vance, Judicial Opinion Writing: An Annotated Bibliography, 17 J. Legal Writing Inst. 197 (2011).
This Bibliography seeks to supply legal writing professors, students, judicial law clerks, and judges with a list of resources
that will be helpful for both opinion writing and for those preparing to work with or write for judges.

S. I. Strong, Writing Reasoned Decisions and Opinions: A Guide for Novice, Experienced, and Foreign Judges, 2015 J. Disp. Resol. 93 (2015).
Advice for adult learners on how to draft a well-reasoned judicial opinion.