2017 Jenkins Honors Moot Court Semifinalists

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Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the semifinal round of the competition.  The students will be competing on Wednesday evening at 6:30 p.m. in the Appellate Courtroom and the Trial Courtroom to determine who will be advancing to the final round on April 11 at 4:00 p.m.

The teams will be paired as follows:

Nate Oesch and Elisabeth Thompson v. Meredith Donaldson and Ben Lucareli

AJ Lawton and Ashley Smith v. Mitch Bailey and Jacob Heuett

Congratulations to all the participants in the competition.  We also very much appreciate the judges who grade briefs and participate in the preliminary rounds.  This year we had a recent alum, Natalie Schiferl, who travelled all the way from Minnesota to judge the competition.  One of the great things about moot court is how active our alums and volunteers are, and we appreciate their time and assistance very much.  A special thank you to Samuel (Micah) Woo, Associate Justice in charge of the competition.

Best wishes to all of the competitors on Wednesday night.

Marquette Wagner Moot Court Team–2017 Semifinalists

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Marquette’s labor and employment moot court team had an incredibly successful performance at New York Law School’s Wagner Moot Court Competition.  On March 24th and 25th, Carly Gerards, Nick Sulpizio, and Corey Swinick competed and performed very well in both their oral advocacy and brief writing.

After the preliminary rounds, the team advanced to the octofinals with the 8th best score of the 40 teams competing.  The team then advanced to the quarterfinals and eventually the semifinals–a Final Four team for Marquette.

In addition to advancing to the top four of the entire competition, the team took home the award for best overall Petitioner Brief.  The team worked exceptionally hard on the brief and in their advocacy practices, and that hard work paid off.  Great job, team!

The team is advised by Professor Paul Secunda and coached by Attorney Laurie Frey.

Congratulations to Marquette’s 2017 Jessup Team

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The 2017 Jessup Moot Court Team poses for a photo.Congratulations to Celeste Borjas, Alyssa Gemein, James Wold, and Dena Welden for their strong effort in the 2017 Philip C. Jessup International Moot Court Midwest Regionals in Chicago last weekend.  This year’s Jessup problem involved international law issues related to transboundary water aquifers, cultural heritage and migrant/refugee rights.  Our Marquette team won the 2d place award for Best Memorial in the Midwest Region.  Big congratulations!

Attorneys and Marquette Law alumni Juan Amado (Jessup, 2011), Rene Jovel (Jessup, 2014) and Drew Walgreen (MU moot court, 2013), as well as Professors Megan A. O’Brien and Ryan Scoville served as team advisors.  Special thanks to Jared Widseth (Jessup 2014) and Margaret Krei (Jessup 2013) as well as Attorney Nathan Kirschner for giving so much of their time to judge practice rounds this year.

Congratulations to the 2017 Jenkins Honors Moot Court Competitors

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The Jenkins Honors Moot Court Competition is the appellate moot court competition for Marquette law students and is 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 2017 Jenkins Honors Moot Court Competition:

Ambrose (Mitch) Bailey
Bryn Baker
John Binder
Meredith Donaldson
Corinne Frutiger
Jacob Heuett
Hayley Kresnak
A.J. Lawton
Ben Lucareli
Nathan Oesch
Robert Ollman
Courtney Roelandts
Anjali Sharma
Ashley Smith
Elisabeth Thompson
Tsz King Tze

Not Just Another Email

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My first legal writing assignment in law school was an e-mail memo. For the first few weeks or so of my introductory legal writing course, our professor guided my classmates and me through thorough examination and crafting of effective e-mail memos.  At the time, I found the exercise mundane—lacking the excitement and wonder of a full memo or brief.  It seemed more like diet legal writing that was focused on beginners. Boy was I wrong.

As a new associate, I spend much of my time researching developments in the law.  One effective way to communicate and document my research and conclusions is to submit an answer by e-mail. Looking back now, I wish that I had had the principles we learned in that legal writing class in mind when submitting my first such e-mail memo to a more senior associate at our firm.

My first version of an e-mail memo in practice was a disaster.  The question was simple: Whether there had been any new case or other law on a narrow issue. The answer, as I saw it based on my research, was just two sentences of text. So, I wrote down my answer in a colloquial e-mail, fired it off, and moved on to another matter. Oops.

Shortly thereafter, the senior associate that I sent that e-mail to walked into my office and politely asked me whether I had a copy of The Bluebook.  Then it all came back: Identify the question; give an answer; justify and support the answer by stating what the law is and how it would likely apply to these facts; consider counter answers where applicable; offer further discussion; check your cites. Needless to say, my first e-mail memo in practice did not follow this blueprint.

Now, my experience might not be everyone’s, but if I could add to the heap of advice law students receive, it would be to refresh that recollection of how to write a superb e-mail memo before pressing the send button as a new associate in practice. E-mail memos are not mere introductions to legal writing.

Marquette Teams Win Best Petitioner Brief and Best Respondent Brief at NMCC Regionals

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I had the privilege of working with two outstanding National Moot Court Competition (NMCC) teams again this year. The Region VIII round of the NMCC was hosted by Marquette November 19-20, 2016.

Please congratulate team members Kayla McCann, Emily Tercilla, and Samuel (Micah) Woo, who received the highest brief score in the competition and award for best Petitioner’s brief. Attorneys Jason Luczak and Max Stephenson coached the team.

Please also congratulate team members David Conley, Andrew Mong, and Kiel Killmer for their performance at the competition. The team had the top placing Respondent’s brief and advanced to the quarterfinals (top eight teams). Attorneys Jeremy Klang, Jesse Blocher, and Michael Cerjak coached the team.

Continue reading “Marquette Teams Win Best Petitioner Brief and Best Respondent Brief at NMCC Regionals”

The Aesthetics of Brief Writing

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aesthetics-1Conversations around aesthetics are generally found in the context of the arts. As visual aesthetics are highly important in the context of interactive work (be it music, sculpture, paintings, and the like), it seems only natural to have those conversations. However, when we think of a legal brief, it is rare to ever hear mention of aesthetics. This is because we often are more concerned about the content of the brief rather than the physical appearance—this is a critical flaw. We should concern ourselves with the aesthetics of our brief just as much as we are concerned about the content. We are all aware that judges are busy. Let’s make their job easier: make them want to read your brief.

A brief, much like music, sculpture, paintings and the like, is interactive. A brief is argument that an attorney prepares specifically for the court to interact with. The court’s first impression of the attorney will be how the brief looks. Regardless of what I have been told, I always judge a book by its cover. The judge can and will judge your brief based on how it looks, too. There are simple steps to ensure your brief is the belle of the ball:

1 . Although obvious, do not screw up the basic formatting. Don’t miss the easy ones. Call the clerk and ask what the local rules are if you are not aware of requirements and cannot find the formatting requirements on your own.

2. Leave white space. Why do we need white space? It gives the eyes a break. There is nothing more daunting than flipping the page to see nothing but a wall of text. Your reader will thank you for the white space. In addition, white space can improve the legibility of the document, increase the attention of the reader, and lead to higher overall comprehension of the point you are asserting. A writer can create whitespace by:

  • breaking up a paragraph into multiple paragraphs
  • using point headings
  • using bullet points
  • inserting charts
  • inserting graphics

Continue reading “The Aesthetics of Brief Writing”

When is it Plagiarism?

Posted on Categories Higher Education, Legal Education, Legal Ethics, Legal Research, Legal Writing, Marquette Law School, Political Processes & Rhetoric, Public1 Comment on When is it Plagiarism?

trump obamaLast night’s Republican National Convention has thrust “plagiarism” to the forefront of the news. One of last night’s speakers was Melania Trump, the wife of presumptive Republican presidential nominee Donald J. Trump. Trump’s speech sounded to many strikingly similar to one given eight years earlier—by First Lady Michelle Obama at the Democratic National Convention in 2008.

How similar?

Incredibly so. Not just identical words, but nearly identical context and sentence structure. At one point, Trump says, “Because we want our children in this nation to know that the only limit to your achievements is the strength of your dreams and your willingness to work for them” (emphasis added). Eight years earlier, Obama had said, “Because we want our children — and all children in this nationto know that the only limit to the height of your achievements is the reach of your dreams and your willingness to work for them” (emphasis added).

That is plagiarism.

(You can see a side-by-side text comparison here and here and side-by-side video comparison here.) Continue reading “When is it Plagiarism?”

Commonly Confused Words, Part VII

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Here is my final set of commonly confused words. My other posts on commonly confused words are here (that/which/who; more than/over; few(er)/less; amount/number; farther/further; since/because/as; among/between; who/whom; attain/obtain), here (a/an/the; counsel/council; e.g.,/i.e.; it’s/its; principal/principle; then/than; utilize/use; you’re/your; affect/effect; tortious/tortuous; tack/tact; capitol/capital; motioned/moved; flesh/flush), here (although/while; assure/insure/ensure; complement/compliment; rational/rationale), here (a couple, a few, some, several, and many), here (born/borne; good/well; lay/lie; pair/pare/pear; peak/peek/pique; precedent/precedence; whether/whether or not), and here (disinterested/uninterested; discreet/discrete; elicit/illicit; liable/guilty; lead (lead)/lead (led)/led; loose/loosen/lose; plead/pleaded/pled; precede/proceed; prescribe/proscribe; site/sight/cite).

Adverse/averse – Both of these words are adjectives; that is, they describe or modify nouns. “Adverse” refers to something—or someone—that prevents success or blocks our path. It could be, say, adverse market conditions for certain investments; it could be an adverse party in a lawsuit. “Averse” means hostile or opposed to or showing a strong dislike or distaste, and usually refers to feelings about something. E.g., Analiese is averse to cigarette smoke. Or, Simon is risk-averse. That is, Analiese strongly dislikes cigarette smoke and Simon really doesn’t like taking risks.

Allude/elude – “To allude” is to suggest something indirectly. Like, Ryan’s report on our last meeting alludes to what we discussed the first time we met. “To elude” is to evade or escape, usually in a skillful or clever way. (Thus, you can remember elude = evade/escape.) E.g., The prisoners eluded the sheriff for a week before they were finally captured.

Assume/presume – My father used to have a saying about the word “assume,” which he once explained to me by drawing with his favorite pen on a napkin in a restaurant. It involved placing slash marks at two points in the word to show what happens when one assumes. “To assume” is to suppose or to believe, but without any proof. I assume that Jess won’t mind if we leave now means that I believe Jess won’t mind if we leave now, but really I don’t know for sure. I could be wrong. And if I am, well, there’s where my father’s diagram comes in. Continue reading “Commonly Confused Words, Part VII”

Commonly Confused Words, Part VI

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previewBack with more sets of commonly confused words. While some may think the words on my lists are elementary, I assure you that I am choosing specific sets because I have seen law students and lawyers misuse them. In an effort to help eliminate that misuse, I present ten more sets of commonly confused words.

Disinterested/uninterested – The distinction between these two words is subtle, but it’s important. “Disinterested” means impartial, unbiased, having no stake in the outcome. E.g., To settle the dispute, we want a disinterested third party. “Uninterested” means not engaged, unconcerned, or bored. E.g., I am uninterested in the NBA playoffs. That means I pretty much don’t care about NBA playoffs or their outcome. They don’t interest me. I would not say, I am disinterested in the NBA playoffs. While with both sentences, I am saying I have no stake or interest in the outcome, “disinterested” implies an impartiality that I don’t mean. I am not impartial or unbiased (disinterested) about the playoffs; I affirmatively have no interest in them (uninterested).

Discreet/discrete – Though pronounced the same way, these two words mean two different things. “Discreet” means cautious or reserved, particularly in conduct or speech. A person who is discreet knows not to talk about a sensitive subject in public. “Discrete” means something that is separate and distinct. For example, in any given case, there may be two or more discrete legal issues; that is, two or more separate and distinct legal issues.

Elicit/illicit – These two words sound nearly the same when said, though the context of the conversation will often provide the cues a listener needs to know which word is which. In writing, though, you want to be sure to choose the correct word. “Elicit” means to draw out or draw forth, usually a response or a reaction. The defendant’s testimony about the crime elicited gasps from the jurors. “Illicit” means something illegal or unlawful, and therein is the best way to remember it. Illicit = illegal. Defendant was arrested for his illicit conduct.

Liable/guilty – And while we’re on the subject of illegalities, let’s distinguish between guilt and liability. While the words may be interchangeable to lay people, in law they tend to have some specific meanings. Someone convicted of a crime is guilty, but someone who violates some civil standard is liable. Continue reading “Commonly Confused Words, Part VI”

Commonly Confused Words, Part V

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I’ve previously posted on words that writers, particularly lawyers, commonly confuse. Those posts are here (that/which/who, more than/over, few(er), less, amount/number, farther/further, since/because/as, among/between, who/whom, attain/obtain), here (a/an/the, counsel/council, e.g.,/i.e., it’s/its, principal/principle, then/than, utilize/use, you’re/your, affect/effect, tortious/tortuous, tack/tact, capitol/capital, motioned/moved, flesh/flush), here (although/while, assure/insure/ensure, complement/compliment, rational/rationale), and here (a couple, a few, some, several, and many).

Today, I’ll cover seven more pairs of commonly confused words.

Born/borne – Both words are past participles of “to bear”; however, only one relates to birth. Use “born” when referring to literal or figurative birth, such as: She was born in California or Wisdom is born from years of experience. “Borne,” on the other hand, refers to the other meanings of “to bear”: such as, to carry, to produce, or to bring about. “Borne” would be proper in the following: Costs associated with this litigation will be borne by the defendant.

 Good/well – “Good” is an adjective, “well” is an adverb. That is, “good” describes and “well” modifies or qualifies. A good lawyer writes well. “Good” in that sentence describes the noun, “lawyer.” (What kind of lawyer? A good one.) “Well” qualifies the verb “writes.” (How does the lawyer write? Well.) The exception to this good/well distinction involves health. If you’re asked How are you?, the grammatically correct answer would be I am well (i.e., your health is good).

Do not use “good” to modify a verb. We might say That lawyer is good at writing, but we certainly wouldn’t say That lawyer writes good.

 Lay/lie – My wonderful colleagues Anne Enquist and Laurel Currie Oates from Seattle University have best explained the distinction between these two words in their book Just Writing: Grammar, Punctuation, and Style for the Legal Writer (4th ed. 2013). I am drawing from their explanation nearly verbatim but for style changes to fit the form here. Continue reading “Commonly Confused Words, Part V”

Congratulations to the 2016 Jenkins Honors Moot Court Competition Winners

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Congratulations to the winners of the 2016 Jenkins Honors Moot Court Competition, Amardeep (Simi) Singh and Sara McNamara. Congratulations also go to finalists Samuel Draver and Alan Mazzulla, who additionally won the Franz C. Eschweiler Prize for Best Brief.  Simi Singh won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a large audience in the Appellate Courtroom. Presiding over the final round were Hon. Diane Sykes, Hon. Brett Kavanaugh, and Hon. Gary Feinerman.

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.  Thank you as well to the Moot Court Association for its work in putting this event together, and especially 3L executive board members Larissa Dallman and Andrew Otto.

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 final round video.