Guide to Legal Writing,
Civil Litigation,
Appellate Practice
Mar. 4, 2025
Look out below! Fabulous footnotes
Footnotes in Supreme Court decisions play a crucial role in shaping legal precedent, revealing the justices' internal dynamics, and influencing judicial philosophy by subtly conveying ideas, clarifying ambiguities, or signaling shifts in legal thinking.
Benjamin G. Shatz
Partner, Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Andrew M. Beshai
Litigation Associate, Manatt, Phelps & Phillips, LLP
In The Supreme Court Footnote§ §A Surprising History (NYU Press June 2024) (yes, the title has a footnote), University of Georgia Professor Peter Charles Hoffer provides a history of the most famous and infamous footnotes in U.S. Supreme Court opinions, focusing on their significance and the ways they have shaped legal thinking. Hoffer argues that these seemingly minor annotations, often overlooked by the public, play a crucial role in shaping legal...
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