Judge Catches BP Counsel Sneaking Extra Pages into Its Brief

BPIn a new twist on the BP litigation, BP filed a brief in a Louisiana federal court that seemed to comply with the already-enlarged 35-page limit. But the judge in the case, the Hon. Carl Barbier, uncovered BP counsel’s tactic of reducing the line spacing to cram more material into the brief than the page limit would have allowed. In this way, BP was able to fit in an extra 6 pages worth of material.

Judge Barbier had this to say about BP’s brief:

The Court should not have to waste its time policing such simple rules—particularly in a case as massive and complex as this. Counsel are expected to follow the Court’s orders both in letter and in spirit. The Court should not have to resort to imposing character limits, etc., to ensure compliance. Counsel’s tactic would not be appropriate for a college term paper. It certainly is not appropriate here.

Continue ReadingJudge Catches BP Counsel Sneaking Extra Pages into Its Brief

Robb Rauh: In Pursuit of Life, Liberty, Happiness, and Educational Success

Life, liberty and the pursuit of happiness – what’s more at the core of America’s identity than those words? But what do they mean if you’re living in the central city of Milwaukee?

Robb Rauh, the CEO of Milwaukee College Prep, a set of four high-performing schools with about 1,900 students on the north side, focused on those questions as he set the context for the mission of the schools during an “On the Issues with Mike Gousha” session Tuesday in Eckstein Hall.

Life? Infant mortality rates are much higher in Milwaukee than in the nation and even in some third-world countries, Rauh said, and life expectancy is lower than elsewhere. Liberty? Wisconsin has the highest incarceration gaps between white and black people in the nation. The pursuit of happiness? “One of the things that defines happiness is being able to have choices in life,” Rauh said, and without at least a high school degree, a person’s choices are limited. The overall situation of African American children in Wisconsin has been described as the worst or one of the worst in the United States.

“We want to prove that it can be done,” to bring terms like life, liberty, and the pursuit of happiness to life by increasing the educational success and opening the doors to better futures for children, particularly along the North Avenue corridor where all four Milwaukee College Prep schools are located, Rauh said. Among schools in Milwaukee with high percentages of African American students, all four schools are at or near the top of the list when it comes to scores in the newly-released state report cards.

Continue ReadingRobb Rauh: In Pursuit of Life, Liberty, Happiness, and Educational Success

Professor Edwards Speaks to the Marquette Legal Writing Society

Yesterday, Professor Linda Edwards, the Robert F. Boden Visiting Professor of Law, spoke to the Marquette Legal Writing Society about her work and interest in legal writing.

This semester Professor Edwards is teaching a course on the great briefs.  Each week students study a brief to determine what made the brief successful—what made it sing, as she said.  Among her favorite briefs are the petitioner’s briefs in Miranda v. Arizona and in Bowers v. Hardwick.  Professor Edwards recommended reading and studying good briefs as a way for an advocate to advance his or her own persuasive writing. Aside from the briefs she mentions in her book Readings in Persuasion: Briefs that Changed the World, she recommended reading anything written by the Solicitor General’s office and anything written by any of the Supreme Court justices as examples of great legal writing.

Professor Edwards also noted that really good briefs speak to the reader and that a legal writer’s own voice should come through the brief.  While structure is important, she said, formulaic writing of briefs is not effective.  She cautioned against doggedly following a set of received “rules” rather than crafting a document for a particular reader or situation.  Good legal writing doesn’t have to sound lifeless or mechanical, she said.

The mission of the Marquette Legal Writing Society is to foster discussion about legal writing.  Elizabeth Oestreich is the president of this year’s organization.

Continue ReadingProfessor Edwards Speaks to the Marquette Legal Writing Society