The Law School Welcomes Visiting Professor Mary Beth Beazley

This semester, the law school is hosting another highly-esteemed  professor as a Robert E. Boden Visiting Professor of Law:  Mary Beth Beazley.  Professor Beazley is Associate Professor of Law and Director of Legal Writing at the Ohio State University Moritz College of Law.  She has taught at Ohio State for more than 20 years, and taught at Vermont Law School and the University of Toledo before that.

Professor Beazley is the author of numerous articles related to legal writing, and one of the most widely-used textbooks in law school Appellate Advocacy courses (including our own):  A Practical Guide to Appellate Advocacy . She served as the Legal Writing Institute’s President from 1998 until 2000; served as editor-in-chief (and member of the board of editors) for Legal Writing:  The Journal of the Legal Writing Institute. She is also the immediate past president of the Association of Legal Writing Directors (ALWD).

In 2006, Professor Beazley’s excellence in teaching, writing, and service earned her the prestigious Thomas F. Blackwell award, given each year by the Legal Writing Institute and ALWD, to recognize a person who has demonstrated  “an ability to create and integrate new ideas for teaching and motivating legal writing educators and students.” Furthermore, in 2008 she received the Burton Award for Outstanding Contributions to Legal Writing Education.

In short, she is one of the most-accomplished and well-regarded professors in the legal writing field.  It is a privilege to have her teaching here in our program for a semester.

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An apostrophic dilemma

A punctuation debate made the National Law Journal this week.  The current Supreme Court reporter of decisions, Frank Wagner, is retiring at the end of this month.  His NLJ interview included the following discussion of differences of opinion among Supreme Court Justices regarding the use of apostrophes with plural possessives.

I wouldn’t call it a “disagreement,” just a difference in preferences. And I doubt it needs to be resolved, at least at the present. When I came to the Court in 1987, the prevailing rule for a regular plural possessive was simply to add an apostrophe after the word’s final “s.” For example, “Congress’.” Over the years, however, four justices informed my office they preferred to add another “s” following the word’s final s-apostrophe — e.g., “Congress’s” — albeit each in slightly differing circumstances. The justices are all highly capable legal writers committed to maintaining their own individual writing styles. Thus, while we try to maintain a high degree of consistency as to style in the U.S. Reports, the Reporter’s Office has always kept a list, and has attempted to assure the incorporation, of each justice’s individual style preferences in his or her opinions. I have monitored the plural-possessives situation over the years, but because a majority of the Court has always continued to follow the original prevailing rule — which I prefer — I have never felt the need to poll the Court to try to achieve common ground. There seems even less reason to do so now, since only three of the four dissenters from the prevailing view are still on the Court.

As Legal Writing Prof blog points out, this interview should demonstrate to students that they must be prepared for grammar and punctuation sticklers at all levels.

My own view on this particular punctuation dilemma is that if you know the alternatives well enough to debate them intelligently, whichever one you prefer is fine by me.  You will usually be correct by paying attention to whether you pronounce an additional -s sound, or not, at the end of the word.

(Note: It is somewhat confusing that the example Wagner gives regarding a “plural possessive” was written as a singular possessive.  I.e., “Congresses” (not Congress) is the plural of Congress.)

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Best of the Blogs (Well Mostly the Immigration-Related Ones)

No More Deaths, http://www.flickr.com/photos/steev/138245726/sizes/o/in/photostream/Refugee law does not get all that much attention in the blogosphere, even on the immigration-related blogs, probably because the numbers of refugees and asylees are so low in the context of U.S. immigration as a whole.   This week, though, there was a little discussion of a new study showing that asylum-seekers’ success rates have gone up to about 50%.  The study also confirms that asylum requests (that is, requests for refugee status made by people who are in the United States already) continue to fall.  The Wall Street Journal’s Law Blog mischaracterized the study to some extent, asserting that “Recently revealed statistics show that illegal immigration is down. But another method of gaining residence in the U.S. is up: seeking political asylum,” when, as I just explained, asylum requests actually continue to fall.  It is only the rate of success that has gone up.

The increased success rate is surely due to the fact that more asylum seekers are finding legal representation:  as the study explains, unrepresented asylum seekers have a success rate of about 11%, while those with attorneys have about a 54% chance of winning asylum.  The study also shows that the dramatic disparities in grant rates by different judges continues (e.g., in the New York Immigration Court, judges’ asylum grant rates ranged from 6% to 70%).

In any event, the other statistics referred to in that WSJ Law Blog post are from a Pew Hispanic Center study showing a dramatic decline in the population of undocumented immigrants in the United States over the past few years.  

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