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August 15, 2006



When will it end? The fact that they The Elements of Style indicates that judges are sitting around criticizing peoples’ writings rather than addressing legal arguments. All lawyers snark upon each others’ work. This is a fact of life. There is not a lawyer alive in the country that thinks highly of the written work of all of the lawyers in his area of practice. The Eleventh Circuit is simply articulating its general snarkiness in the form of a gift.

But, what can you expect from a court that thinks that 1) refers to forced masturbation as “sexual acts of self-gratification;” and 2) writes “...that a female prison guard’s solicitation of a male prisoner’s manual masturbation, even under the threat of reprisal, does not present
more than de minimis injury.”

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