Benjamin S. Halasz, Strengthen Your Briefs: Argue Rules Before Comparisons, Wash. St. B. News, Feb. 2021, at 20-21.
Strengthen Your Briefs: Argue Rules Before Comparisons
This article discusses the theory supporting the deduction-first, analogy-second structure. While many lawyers naturally gravitate toward that structure in their writing, if you’re clear about the reasons to follow it, you’ll find it easier to be intentional about when to use it and when to discard it.