“Be Wise: Revise,” Lisa A. Mazzie Advises in Latest Wisconsin Lawyer Magazine

lisaHatlenFor nearly a year, several of the Law School’s legal writing professors have been offering legal writing advice in a semi-regular column in the Wisconsin Lawyer magazine.  The latest such contribution is Lisa Mazzie’s “Be Wise: Revise,” which provides “guidelines for creating effective style through revising – guidelines on when to revise, how to revise, and when to quit.”  Her helpful advice highlights the importance of an objective attitude and critical eye during revision of one’s own work.

Professor Mazzie contributed another column, in June of this year, entitled, “Conciseness in Legal Writing.” Past legal writing columns from Marquette’s legal writing faculty also included Jill Koch Hayford’s November 2008 piece, “Style Books, Websites, and Podcasts:  A Lawyer’s Guide to the Guides,” as well her March 2009 advice, “Update Contract Language to Meet 21st Century Readers.” A column about split infinitives, “Dispelling Grammar Myths:  ‘To Split’ or ‘Not to Split’ the Infinitive,” by Rebecca K. Blemberg, appeared in the December 2008 issue.

The legal writing faculty will continue to write about legal writing for Wisconsin Lawyer magazine during the coming year.

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More on Coulee Catholic Schools v. LIRC

discriminationAs Professor Esenberg has just posted about, earlier this week, the Wisconsin Supreme Court handed down a very important decision, Coulee Catholic Schools v. LIRC (2009 WI 88). Although some describe the holding as “a dramatic change” in Wisconsin employment law, I think the case is more important for its constitutional discussion. On the actual question presented, I think the Court’s holding was straightforward, correct, and not very dramatic.

In Coulee Catholic Schools, the Court was asked whether a first grade teacher in a Catholic school was subject to the “ministerial exception,” meaning that the school’s religious freedom to select its own ministers and leaders barred her age discrimination claim. Half the courts in the country that have considered this question concluded that a religious school teacher is engaged in sufficient ministry to be included, while half have said that such a teacher is not. The Wisconsin Supreme Court decided that the religious school teacher in this case did engage in and lead sufficient religious activities to fall within the exception.

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Coulee Catholic: Of Loopholes and Legislating

Wednesday, in a case called Coulee Catholic Schools v. Labor and Industry Review Commission, the Wisconsin Supreme Court held that the “ministerial exception” to state laws prohibiting employment discrimination applied to a teacher in a Catholic grade school. As a result, the teacher’s claim against the school for age discrimination must be dismissed.

There a few points worth making. First, it is inaccurate and misleading to call the decision, which was written by Justice Michael Gableman and joined by Justices Prosser, Roggensack and Ziegler, “legislating from the bench.” Although this exception is not spelled out in the applicable statute, it is fairly implied from the free exercise clause of the First Amendment and the freedom of conscience clause in Article I, sec. 18 of the Wisconsin Constitution. In fact, courts everywhere recognize it and it is consistent with a general reluctance on the part of courts to examine the internal decision making of religious organizations on matters that implicate the organization’s religious mission and precepts. To determine whether the plaintiff in this case was terminated due to her age, an administrative agency or court would have to examine the school’s decision in light of its religious mission and that would lead to state evaluation of religious judgments.

Second, it is also unfair to say that the Court found a “loophole,” although I can see that there is some poetic justice in the charge for critics of Gableman campaign ads that used that term in connection with certain of the Court’s criminal law decisions. 

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