Continuing last week’s post analyzing Justice Kagan’s writing techniques from Gundy v. United States that make her such an effective communicator. 7. Signal attention to prevent skipping: “Given that standard, a nondelegation inquiry always begins (and often almost ends) with…
Continue Reading Writing like Justice Kagan, part II
Latest from Appellate Advocacy Blog
Camille Vasquez Is a Rockstar
Actor Johnny Depp is currently suing his ex-wife, actress Amber Heard, for defamation, and the trial is both entertaining and educational – particularly for law students and lawyers. The reason for that is Camille Vasquez, who graduated from the University…
Continue Reading Camille Vasquez Is a Rockstar
Do as I do: Tips on writing briefs … and opinions
Not too long ago I was driving in the car with both junior associates. I was talking to my spouse on the phone (safely via hands free), and in the course of the conversation I used the “s” word–“stupid.” An adorable little 4 year old voice called out from the back seat, “Mommy, we don’t say ‘stupid.'” To which I said, “you are right, I am so sorry.”
This little episode, which has sadly happened more than once, got me thinking about the advice that judges give attorneys. Judges are often very quick to give excellent advice to attorneys, but
Continue Reading Do as I do: Tips on writing briefs … and opinions
Fifth & Seventh Circuits Uphold Sanctions for Seasoned Attorneys, Rejecting Their Requests for Relief Based on Their Experience–Part Two
Last month, I noted two April 8, 2022 federal Court of Appeal decisions on attorney sanctions where the courts reminded us claims of experience are no excuse for improper behavior. I focused on the Fifth Circuit’s reminder: “When litigating in…
Continue Reading Fifth & Seventh Circuits Uphold Sanctions for Seasoned Attorneys, Rejecting Their Requests for Relief Based on Their Experience–Part Two
Appellate Advocacy Blog Weekly Roundup Friday, May 20
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure…
Continue Reading Appellate Advocacy Blog Weekly Roundup Friday, May 20
Writing like Justice Kagan, part I
Inspired by Ross Guberman, who has a long-running series like this, I am going to try my hand at highlighting some effective writing techniques that I noticed while reading Justice Kagan’s opinion in Gundy v. United States this term. 1.,…
Continue Reading Writing like Justice Kagan, part I
A plea for pro bono service
In terms of pro bono service, our profession has a long way to go.
Model Rule of Professional Conduct 6.1 makes clear that “[e]very lawyer has a professional responsibility to provide legal services to those unable to pay.” To that end, the Rule says that lawyers “should aspire to render at least fifty (50) hours of pro bono publico legal services per year.”
Let’s be honest, though: 50 hours is pretty paltry. If you take a two-week vacation, you can still satisfy Rule 6.1 with just one pro bono hour per week. Even for busy lawyers, that’s hardly “aspir[ational].” Yet
Continue Reading A plea for pro bono service
Denying Unenumerated Rights
The leaked draft SCOTUS opinion overturning Roe v. Wade[1] shares a hostility to unenumerated rights similar in kind to what some Senators expressed during the confirmation hearing of soon-to-be Justice Ketanji Brown Jackson. Critics often say that unenumerated rights lack…
Continue Reading Denying Unenumerated Rights
Will Dobbs (and Janus) Overrule Stare Decisis?
Justice Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization has vast cultural implications for a country mired in starkly divisive political rhetoric. The leak of that opinion also undermines the Supreme Court’s institutional integrity at a time when…
Continue Reading Will Dobbs (and Janus) Overrule Stare Decisis?
Roe v. Wade is Probably Going to the “Graveyard of the Forgotten Past”
Based on the stunning and unprecedented leak of Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, a slim majority of the Court may overturn Roe v. Wade and Planned Parenthood v. Casey and return the abortion issue…
Continue Reading Roe v. Wade is Probably Going to the “Graveyard of the Forgotten Past”
Why Does Justice Kagan’s Writing Work So Well?
Let’s break down a random snippet of Justice Kagan’s writing. She’s one of the best writers on any court–in large part because of how much effort she puts into every opinion. Anyone can learn a lot by reflecting on just…
Continue Reading Why Does Justice Kagan’s Writing Work So Well?
Putting the Audience First: A Perspective on Legal Writing
Thursday’s Rhaw Bar: A Little Bite of All Things Rhetoric and Law—exploring ideas, theories, strategies, techniques, and critiques at the intersection of rhetoric and legal communication. Putting the Audience First: A Perspective on Legal Writing A few weeks ago, I…
Continue Reading Putting the Audience First: A Perspective on Legal Writing
Publication of Interest
Yes, I should be blogging about a leaked SCOTUS opinion. BUT, my junior associate got his ear tubes removed early this morning and we have been snuggling, attempting to nap, and watching a lot of cartoons. Here is information on…
Continue Reading Publication of Interest
A Hybrid Future for Oral Argument?
Happy end of the semester and end of moot court season for all of the academics and coaches out there. While most academic classes have been in-person this year, many moot court competitions have remained virtual. Readers of this blog…
Continue Reading A Hybrid Future for Oral Argument?
The art of rebuttal
Rebuttal provides an advocate with an opportunity to point out otherwise undiscussed weaknesses in an opponent’s argument, as well as to emphasize the superiority of the evidence, precedents, and reasoning that supports your client. Five points fundamental points should guide rebuttal:
Appellate Advocacy Blog Weekly Roundup Friday, April 29, 2022
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure…
Continue Reading Appellate Advocacy Blog Weekly Roundup Friday, April 29, 2022