To Split or Not to Split: That Is the Question

HamletOne of my former students, Sean Samis, sent me this blog about split infinitives. The infinitive version of a verb is “to __” (to run, to speak, to write, etc.). To split the infinitive refers to placing an adverb between the “to” and the rest of the verb. The example often given is from Star Trek: “to boldly go . . .” Boldly is the adverb splitting the infinitive “to go.”

The article recounts a story about diplomatic negotiations between the U.S. and Great Britain that led to the Treaty of 1871. As the story goes, the British conceded certain points to the U.S. in the treaty, but would not allow the language of the treaty to contain any split infinitives. According to Yale Professor Thomas Lounsbury, as quoted in the blog, the British sent a telegraph that the treaty’s wording “’would under no circumstances endure the insertion of an adverb between the preposition to (the sign of the infinitive) and the verb.’” Professor Lounsbury was recalling the treaty in 1904.

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How and Why: Deepening Your Legal Reasoning

How and WhyOne of my favorite law review articles to assign to first-year law students is Kristen K. Robbins-Tiscione’s Paradigm Lost: Recapturing Classical Rhetoric to Validate Legal Reasoning, 27 Vt. L. Rev. 483 (2002). The article walks a reader through the legal paradigm and discusses how to effectively use deductive reasoning and reasoning by analogy to create a valid and persuasive argument. One of the takeaways from this article is that an advocate should include the facts, holding, and reasoning of a case precedent being used to explain a legal rule. “Facts, holding, and reasoning” becomes somewhat of a mantra in my first-year legal writing courses.

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Congratulations to the 2014 Jenkins Honors Moot Court Competitors

The Jenkins Honors Moot Court Competition is an appellate moot court competition for Marquette law students and the capstone event of the intramural moot court program. Students are invited to participate based on their top performance in the fall Appellate Writing and Advocacy course at the Law School.

Congratulations to the participants in the 2014 Jenkins Honors Moot Court Competition:

Dane Brown
Michelle Cahoon
Tyler Coppage
James DeCleene
Sarah Erdmann
Joel Graczyk
Amy Heart
Brian Kane
Amanda Luedtke
Christopher McNamara
Jennifer McNamee
Elizabeth Oestreich
Nicole Ostrowski
Frank Remington
Amanda Toonen
Becky Van Dam
Kara Vosburgh
Derek Waterstreet

Students will begin writing their appellate briefs in January with the rounds of oral argument commencing later this spring. The competition includes preliminary oral argument rounds (March 22 and 23) and a semifinal (March 27) and final round (April 2).

The Jenkins competitors are fortunate to have the opportunity to argue before distinguished members of the bench and bar from Wisconsin and beyond.

The competition is named after the James G. Jenkins, the first Marquette Law School dean.

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