Seventh Circuit Case of the Week: The Jude Saga Continues

seventh-circuit1For a resident of Milwaukee, there can be no question about the marquee Seventh Circuit case last week: the court decided the appeals of three of the defendants convicted in the notorious Frank Jude beating.  In United States v. Bartlett, the court (per Chief Judge Easterbrook) affirmed the convictions of all three defendants and the sentences of two.  However, the Seventh Circuit also vacated the sentence of Jon Bartlett, who will now have to be resentenced in the lower court.

As everyone living in the Milwaukee area knows, Bartlett and his codefendants were police officers convicted of civil rights violations for the savage beating suffered by Jude, a biracial man.  For many, the Jude case, which received intense local media coverage, was emblematic of the state of police-community relations in inner-city Milwaukee. 

Bartlett’s “win” on appeal resulted from a discrepancy in his sentencing. 

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Legal Owls, Legal Eagles, and Howard Eisenberg: Art History Mystery, Part 3?

owlThis week, I wanted to respond to Jane Casper’s comment on Peter Heyne’s post Art History Mystery, Part 2.  Jane asks, “As long as you are looking into Law School art mysteries, perhaps someone can find out why the owl and bat figures are carved into the front of the arch over the Wisconsin Avenue entrance to Sensenbrenner Hall.” While I don’t know the exact reason for the bat and owl (leaving that to the true art historians!), her comment and the Dean’s recent post on the anniversary of Dean Eisenberg’s death, which was June 4, led me to the following reflective musings.

Howard Eisenberg was a legal “eagle” surely.  I believe he was so because he perhaps was also a legal owl.  All Harry Potter jokes aside, I find that owls and careful attorneys have a lot in common, not the least of which is that a plural grouping of owls is referred to as a “parliament.” 

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The Skillful Rejoinder

exclamation_markOne tricky situation faced by many academics is how to respond to criticism of their work that the scholar does not believe is accurate or justified. A lot of scholars, in my opinion, don’t do this very effectively. The less effective responses are those in which the author is clearly indignant or angry. A reader who is not intimately familiar with the details is, I think, moved to conclude that the amount of emotion correlates to the degree to which the criticism has met its mark. I’ve always thought that the more persuasive response is one of faint bemusement—faint, because if the tone is openly mocking, that risks the perception among readers that the target did not take the criticism seriously enough.

This is all a long prelude to a quote I’ve come across today from one of my favorite writers, E.P. Thompson. (I’ve actually used Thompson in a legal writing class before to demonstrate that the rules of good paragraph structure transcend disciplines: IRAC is not just something made out of whole cloth by legal writing professors.) Here’s Thompson responding to criticisms of one of his articles in a book by Mark Harrison:

Harrison also pronounces that my article “has a number of shortcomings, which will be examined more fully in chapter 6.” Since chapter 6 does not mention my article, and the shortcomings are identified nowhere else in the book, I am still waiting for the blow to fall.

Zing!

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