Learning to Make a Brief March
[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the third entry in the series.]
Maybe it’s like your first kiss, or maybe I’m unusual this way, but I think I will always remember my first brief. I was a new associate working with two partners on the defense of a federal securities lawsuit. The litigation was just a minor skirmish in a larger war: the plaintiff was attempting a hostile takeover of our client, and the litigation was intended to bring some more pressure to bear on our recalcitrant board of directors. Could we do anything to relieve that pressure?
The senior partner asked me to research an obscure provision of securities law that he felt might provide a basis for a motion to dismiss under Rule 12(b)(6). I prepared a memo that carefully assessed the strengths and weaknesses of his theory, ultimately concluding that it was viable. “Great memo,” he responded, “now rewrite your analysis as a brief in support of a motion to dismiss.”
New Issue of Marquette Lawyer Focuses on Sports Law Program and Milwaukee Getting “Smart on Crime”
The Fall 2011 issue of the Marquette Lawyer arrived this week. The articles can be downloaded here. Highlights include articles on:
- Marquette’s sports law program;
- Milwaukee County’s Community Justice Council;
- The Restorative Justice Initiative’s conference on the clergy sex-abuse scandal;
- Punishment for murder;
- Patent office reform;
- Ailing chief justices; and
- The investiture of new Fourth Circuit Judge James A. Wynn, Jr. ’79.
The issue also includes an introduction by Marquette’s new President, Scott R. Pilarz, S.J.
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