April 17, 2014

Even More Commonly Confused Words

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Category: Legal Writing, Public
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Below are just a few more commonly confused words, with those post adding to this one and this one on the same topic.

Although/while – A former student recently asked me about this combination. There isn’t, as far as I can tell, a hard and fast rule on when to use each of these terms, but there may be preferred usage, and that’s what I’ll explain here.  “Although” tends to mean “in spite of the fact that.” According to Mignon Fogarty, also known as Grammar Girl, “although” is called a concessive conjunction, which means that it expresses a concession. For example, Although he admits he saw her in the crosswalk, he drove through the intersection anyway.

“While” can also mean “in spite of the fact that,” but it can also mean “at the same time.” The same sentence with the word “while” instead of “although” now has one of two different meanings. While he admits he saw her in the crosswalk, he drove through the intersection anyway. In that construction, the sentence could mean that in spite of the fact that he saw her in the crosswalk, he chose to keep driving through the intersection. This sentence might imply some indifference on the driver’s part, which may (or may not) matter to the meaning of the sentence. This same sentence could also mean that at the same time that he saw her in the crosswalk, he drove through the intersection. Perhaps there’s less driver indifference with that construction.  “While” meaning “at the same time” is more clearly illustrated in this sentence: While Patrick raked the lawn, I cleaned the windows. In that sentence, the reader more clearly gets the sense that Patrick and I are each doing two separate tasks at the same time.

The difference between “although” and “while” may be slight, but when you’re striving for precision in your writing, you might be wise to choose “although” when you’re making a concession and “while” when you really mean “at the same time.”   Read more »

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April 10, 2014

Sounding Like a Candidate, Clarke Asks, Where’s the Plan for Milwaukee?

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Category: Milwaukee, Milwaukee Public Schools, Public, Speakers at Marquette
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He said hardly anything about running the Milwaukee County Sheriff’s Department or the controversies he is involved in within county government. The policy area he talked about the most was education. And he spoke a lot about the Milwaukee of his childhood and the Milwaukee of the future.

No, David A. Clarke Jr. is not a stick-to-my-own-business law enforcement agency head. Milwaukee’s sheriff since 2002 didn’t say he was going to run for mayor during an “On the Issues with Mike Gousha” program Thursday at Eckstein Hall, but he sure sounded like a candidate.

“What’s the vision for the city of Milwaukee?” Clarke asked, faulting Mayor Tom Barrett for not putting one forth. “What’s the plan” for getting better student outcomes from Milwaukee Public Schools? A $1.2 billion a year operation ought to get better results, no matter how many problems kids have due to their lives outside of school, he said. “I think they’re mass producing illiteracy,” he said. Read more »

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MULS to Welcome Professor Linda Edwards in Fall 2014

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Category: Legal Education, Legal Scholarship, Legal Writing, Marquette Law School, Political Processes & Rhetoric, Public
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faculty_lindaedwards2014-04Marquette University Law School’s legal writing professors are pleased to announce that Professor Linda Edwards, E.L. Cord Foundation Professor of Law at University of Nevada Las Vegas, will be joining us as a Boden Visiting Professor for the fall semester of 2014.

Professor Edwards is a leading scholar and leader in the field of legal writing.  She has authored five texts, three of them focused on legal writing, and has written numerous scholarly articles on legal writing, rhetoric, and law. Her recent book, Readings in Persuasion: Briefs that Changed the World (Aspen Law & Bus. 2012) will serve as the basis for the advanced legal writing seminar she will be teaching at MULS next fall. The book discusses why some briefs are more compelling than others and covers briefs written in some of the law’s most foundational cases: Muller v. Oregon (the Brandeis Brief), Brown v. Board of Education, Miranda v. Arizona, Furman v. Georgia, Loving v. Virginia, and others. Professor Edwards says the course will build on what students learned in Legal Analysis, Writing & Research 2, but from a more advanced perspective.

Professor Edwards practiced law for 11 years before becoming the coordinator of NYU’s Lawyering Program. She then spent 19 years at Mercer University School of Law, where she was the director of legal writing and taught legal reasoning and advanced legal writing, as well as property, employment discrimination, and professional responsibility. In 2009, she joined the faculty at UNLV.  Also in 2009, Professor Edwards was awarded the Association of Legal Writing Directors and Legal Writing Institute’s Thomas Blackwell Award for her lifetime achievements and contributions to the legal writing field.

We are very excited to welcome Professor Edwards next fall.

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April 9, 2014

“You Betcha” and Other Wisdom from Education Conference at Eckstein Hall

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Category: Education & Law, Milwaukee Public Schools, Public, Speakers at Marquette
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Can we expect kids living in impoverished central cities to have the same levels of educational success as other kids?

“You betcha,” answered Michael Casserly.

I’m reluctant to reduce three hours of insightful conversation about urban education to two words, but more than a week later, that phrase is among several that sticks with me from “Lessons from Elsewhere: What Milwaukee Can Learn from Work on Improving Urban Education Systems Nationwide,” a conference at Eckstein Hall sponsored by Marquette Law School and Marquette College of Education.

Nobody among the speakers nor in the audience minimized the challenges of raising the overall achievement in schools in Milwaukee. But there was a widespread feeling of commitment to taking on the job, and even some optimism that it can be done. Read more »

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April 8, 2014

The Gender Wage Gap and Equal Pay Day

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Category: Civil Rights, Feminism, Public
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paydayMy brother and I used to love to play the game of Life. We’d always go to the college route because it didn’t take much to see that going straight into business was going to get you the lowest pay on the board ($12,000, at the time). We’d grumble if we ended up teachers (the next lowest pay at $24,000) and always wished for that coveted doctor salary (the highest pay at $50,000). Ironically, we both became teachers in the real game of Life.  But that aside, one thing in that game was always certain: if we both ended up with the same occupation, the pay was the same every payday, for him and for me.

The real game of Life isn’t like that.  Today is Equal Pay Day—the date on which the average woman earns what the average man made in the preceding year.  Except it’s taken the average woman an extra 98 days to earn it.

We’ve heard much about the gender wage gap; the fact that the average woman makes 77 cents for every dollar a man makes. It’s a number that has stubbornly resisted change for about a decade. And when you break it down further, women of color suffer from an even wider gap than white women when comparing their salaries with white men—64% for African American women and 53% for Latinas. Yes, the gap does close somewhat, if you adjust for education and occupation, but there’s always a gap. Read more »

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April 7, 2014

Violence in the Heartland, Part V: Wisconsin’s Cities

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Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process
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Since 1985, Wisconsin’s seven largest cities have followed markedly different paths in their rates of reported violent crime.  Two, Waukesha and Appleton, have consistently had lower rates than the state as a whole, while two others, Milwaukee and Racine, have typically had rates that are two to three times higher than the state as a whole.  Kenosha and Racine have significantly reduced their rates of violence since the 1980s, while the other five cities have experienced sizable net increases.

Here are the overall trends, in the form of reported violent crimes per 100,000 city residents:

Cities year by year

In recent years, as you can see, Waukesha has easily had the lowest rates and Milwaukee the highest.  Earlier, Appleton used to compete with some success for lowest and Racine for highest.

Here are the net changes in the cities’ crime rates from 1985-1987 to 2010-2012:   Read more »

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April 3, 2014

More Commonly Confused Words

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Category: Legal Writing, Public
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Nearly two weeks ago, I posted about some commonly confused words and how to choose the right one. Since then, I’ve had a few people ask about other commonly confused words, so I’ve compiled another list with suggestions for choosing the right word.

A/An/The – These three little words are called articles.  Some languages do not have articles, so when speakers of those languages learn to write in English, they also need to learn when to use each of these articles.  “A” and “an” are indefinite articles; that is, the noun that appears after them could refer to any ol’ thing, nothing definite. “The,” on the other hand, is a definite article. When a noun appears after “the,” the writer means for you to know that that noun is something specific.  For example, if I write, A court would hold the defendant liable, I’m saying any court, not a specific court, would hold the defendant liable. But if I write, The court would hold the defendant liable, I mean that a specific court would hold him liable, and which court that is would likely be clear from the context of the sentence in a larger document. As well, in both examples above, I’ve used the defendant, meaning a specific defendant about whom I am writing.

One other thing to note: “An” is used before nouns that begin with a vowel (a, e, i, o, u) or words that sound like they begin with a vowel, even if they don’t. An example would be: An honest person would return an item she found that didn’t belong to her. In that sentence, “honest” gets an “an” before it, even though it doesn’t begin with a vowel, but it sounds like it does. “Item” does begin with a vowel and gets an “an.” Conversely, some words that begin with vowels get “a” before them because they sound like they begin with consonants. E.g., There’s a one-hour delay for my flight.

Counsel/Council – In short, law students will become “counsel” when they become lawyers. This is because they will counsel their clients. They may also be called “Counselor.”  “Council” is a governing body of some sort, like a city council. A member of that governing body would be a councillor. Read more »

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April 2, 2014

Congratulations to the 2014 Jenkins Honors Moot Court Competition Winners

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Congratulations to the winners of the 2014 Jenkins Honors Moot Court Competition, Jennifer McNamee and Elizabeth Oestreich. Congratulations also go to finalists Amy Heart and Frank Remington, as well as Brian Kane and Amanda Luedtke, who won the Franz C. Eschweiler Prize for Best Brief.  Amy Heart won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a packed Appellate Courtroom. Presiding over the final round were Hon. Diurmuid O’Scannlain, Hon. Annette Ziegler, and Hon. Anne Burke.

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.  Here is a link to the video of the competition.

 

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April 1, 2014

Google Files Cert. Petition in Street View Case

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Category: Computer Law, Privacy Rights, Public
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Google Street View CarI noted back in October that Google had hired “noted Supreme Court advocate Seth Waxman” as it was preparing its petition for rehearing in the Street View case, “indicating perhaps how far they intend to take this.” (For background, see my earlier posts Part I, Part II, after the panel decision, and on the petition for rehearing.) My suspicions were accurate — after losing again at the rehearing stage in late December, Google has now filed a petition for certiorari, asking the Supreme Court to reverse the Ninth Circuit.

Google’s petition primarily makes the same substantive arguments it made in its petition for rehearing. The Ninth Circuit in the decision below adopted what I’ve called the “radio means radio” approach — “radio communications” in the Wiretap Act means only communications that you can receive with, you know, an ordinary AM/FM radio. I’ve argued that that is mistaken, and Google unsurprisingly agrees with me. Google provides three reasons why the Ninth Circuit’s interpretation cannot be sustained. Read more »

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March 31, 2014

Disney and Phase 4 Films Settle Lawsuit over Frozen Logo

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Category: Intellectual Property Law, Popular Culture & Law, Public
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Earlier this year, Disney and Phase 4 Films settled a lawsuit over Phase 4′s attempts to capitalize on Disney’s latest animated success, Frozen. Phase 4′s film was originally titled The Legend of Sarila. According to the complaint filed by Disne​y, it was released November 1, 2013, a few weeks before Frozen’s release, to dismal box office revenues. Phase 4 then changed the film’s name to Frozen Land, and redesigned the film’s logo to mimic that of Disney’s Frozen. For a side-by-side look at the logos, see the complaint filed by Disney here. 

In the settlement, Phase 4 agreed to immediately stop marketing and distributing its film under the name Frozen Land, and pay Disney $100,000. At first I was skeptical of Disney’s claim, but after comparing the separate logos, it seems highly unlikely that this was anything but a blatant attempt to profit off of Frozen‘s success. The logos contain the same color scheme, the same shape, and almost identical fonts.

As far as the Lanham Act violation claim, it seems almost certain that consumers would be confused as to the relation between the two movies, perhaps reasonably assuming that Frozen Land is a spin-off of Frozen. They also settled an unfair competition claim that was based on Disney’s claims that Phase 4′s Frozen Land caused irreparable damage to Disney’s goodwill and reputation.

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Imprisonment Inertia and Public Attitudes Toward Truth in Sentencing

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Category: Criminal Law & Process, Legal Scholarship, Public, Wisconsin Criminal Law & Process
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I’ve posted a number of times about the interesting results of the Marquette Law School Poll regarding the attitudes of Wisconsin voters toward truth in sentencing and early release from prison (e.g., here and here).  I’ve now finished a more in-depth analysis of the survey data with Professor Darren Wheelock of Marquette’s Department of Social and Cultural Sciences.  Our results are discussed in a new paper on SSRN (available here).  The abstract sets forth a little more of the context and key findings:

In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future, the authors analyzed the results of public opinion surveys of hundreds of Wisconsin voters in 2012 and 2013. Notable findings include the following: (1) public support for TIS is strong and stable; (2) support for TIS results less from fear of crime than from a dislike of the parole decisionmaking process (which helps to explain why support for TIS has remained strong even as crime rates have fallen sharply); (3) support for TIS is not absolute and inflexible, but is balanced against such competing objectives as cost-reduction and offender rehabilitation, (4) a majority of the public would favor release as early as the halfway point in a prison sentence if public safety would not be threatened, and (5) a majority would prefer to have release decisions made by a commission of experts instead of a judge.

Entitled “Imprisonment Inertia and Public Attitudes Toward ‘Truth in Sentencing,’” our paper will be published in early 2015 in the BYU Law Review.

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March 27, 2014

Congratulations to the 2014 Jenkins Honors Moot Court Competition Finalists

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Congratulations to this year’s Jenkins Honors Moot Court Competition finalists: Amy Heart, Jennifer McNamee, Elizabeth Oestreich, and Frank Remington. All the competitors presented strong oral arguments tonight.

Thank you to the judges of the semifinal round: Hon. Michael Bohren, Hon. G. Michael Halfenger, Hon. Donald Hassin, Hon. Nancy Joseph, Hon. Joan Kessler, Hon. JoAnne Kloppenburg.

The final round will be held on Wednesday, April 2 at 6:00 p.m. in the Appellate Courtroom. The teams will be matched as follows:

Team 2, Jennifer McNamee and Elizabeth Oestreich v. Team 8, Amy Heart and Frank Remington.

Best of luck to the finalists.

 

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