Opposing Views, One Conversation at Session on Milwaukee Education

Until Tuesday, Dale Kooyenga and Lauren Baker had never met. That alone is an argument for why their discussion before a capacity audience in the Appellate Courtroom of Eckstein Hall was worthwhile.

Kooyenga is a member of the state Assembly, a leader among Republicans pushing for education policies that embrace school choice, and a key figure behind a controversial new law that gives Milwaukee County Executive Chris Abele powers to control what happens in some low-success Milwaukee public schools.

Baker is the executive director of the Milwaukee Teachers’ Education Association, the union that is an influential force in Milwaukee politics and MPS decision making. The union opposes almost all the plans Kooyenga supports.

Never the twain shall agree? That’s likely, given the adamancy of their positions. But never the twain shall meet? That ended at the Law School event, which was titled “The Future of Education in Milwaukee: One Conversation, Two Viewpoints.”

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For Sale: George Zimmerman’s Property

Forsale2-300x236Most law school classes in Property begin with the venerable bundle of sticks metaphor.  The “bundle” includes those rights and interests held by the owners of property.  The assorted “sticks” take on different shapes and sizes, and owners invoke one or more of them to a different extent as the times change.  In the opinion of many, the right to sell one’s property has supplanted the right to use one’s property as the most important “stick” of  in the present.

The recent efforts of George Zimmerman to market the gun he used to shoot Trayvon Martin is a particularly distasteful example of an attempt to sell one’s property.  While patrolling as part of a self-styled neighborhood watch in a gated community near Orlando, Florida, Zimmerman confronted and fought with the seventeen-year-old Martin.  In the midst of the struggle, Zimmerman fired his 9 mm Kel-Tec PF-9 pistol and killed Martin.

Zimmerman was tried for the murder in early 2012, and the media absolutely feasted on the courtroom proceedings.  Zimmerman and his attorneys successfully argued the shooting was in self-defense.  Zimmerman was acquitted in February, 2012, and he publicly delighted in his victory at trial.  What’s more, the United States Justice Department at that point returned the weapon to Zimmerman.

This past week, Zimmerman put the gun up for sale on several gun auction sites.

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Commonly Confused Words, Part V

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.

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