A Misleading Chart

graph250   

A September 14 article in the Wisconsin Law Journal (noted elsewhere on this website) included the chart to the left.  Although the story was innocuous enough, reporting that applications to law school in Wisconsin went up last year in spite of the economic downturn, the accompanying chart gives the impression that applications to the University of Wisconsin Law School dramatically exceed those of Marquette.  A quick glance seems to suggest that for the fall of 2009, Wisconsin received more than twice as many applications as Marquette since the red bar appears to be more than twice as long as the blue bar.

That isn’t true, and the problem is the misleading presentation of the graph.

While it is true that Wisconsin does receive more applications than Marquette, the discrepancy is not nearly as great as the graph seems to suggest.  The problem, as anyone who looks at the graph carefully will see, is that it reproduces only the top half of the bar graph showing the relative number of applications at the two law schools.

In fact, if one looks at the entire graph, then it becomes clear that the Wisconsin lead is a more modest one.  For the fall of 2007, Marquette’s application total was 68% of the Madison total.  For 2008, the number jumped to 79%, before falling back to 72% for 2009.  Until 2009, Marquette had been gaining on Madison at a fairly rapid pace.  It seems likely that, in a time of economic downturn, the fact that private Marquette has a much higher tuition than public Wisconsin served to discourage applicants who may well have applied in the past.

Continue ReadingA Misleading Chart

Mastering the Art of Legal Writing

childsWednesday night I went to see the movie Julie & Julia, which is about a writer, Julie, who blogs about working her way through chef Julia Child’s famed cookbook, Mastering the Art of French Cooking, in one year.  I loved everything about the movie, and as such, I’m starting off this blog post with a discussion of the movie.  (This post was actually originally entitled “Best Brief Awards.”) 

One of my favorite scenes was when Julie pulled her first roasted whole chicken out of the oven.  I roasted my first whole chicken this summer.  Like Julie, who felt like a “lobster killer” when she boiled three live lobsters for Lobster Thermidor, I must admit that I felt a bit like an executioner when I ordered my organic hand-fed chicken through our CSA, Backyard Bounty.  Guiltily, I asked Farmer Laura how she knows which chickens are ready for slaughter.  She said she knows it’s time when the chickens start to bite her.  (I guess the lesson there is “don’t bite the hand that feeds you.”)  At home with my chicken, I tried to do the chicken justice by dressing it with olive oil and sprigs of thyme and rosemary from our garden.  I felt Julie’s same sense of pride and excitement when I opened the oven door and a perfect golden-brown roast chicken appeared from the oven.

Watching the movie reminded me of how students develop in their legal writing classes. 

Continue ReadingMastering the Art of Legal Writing

Constitution Day

imagesSome portions of the Constitution are the subject of frequent discussion. Concepts like “due process,” “equal protection,” “freedom of speech,” and the like are headline-grabbers. Phrases like “Commerce … among the several States” do not resonate quite as much with the general public, but are certainly familiar to lawyers.

A glance at the Constitution reveals that there is much more to the document, some of it mysterious. There is, for example, talk of “Emoluments,” “Letters of Marque and Reprisal,” and “Corruption of Blood.” Indeed, large portions of the Constitution make at best infrequent appearances in public discourse. There is, one might say, an Overlooked Constitution.

Continue ReadingConstitution Day