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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Waukesha Diversion Application Inches Closer To Conditional Approval, But State Law Questions Remain

Waukesha Mayor Shawn Reilly and Racine Mayor John Dickert visited Marquette Law School on February 4 for a wide-ranging conversation about Waukesha diversionWaukesha’s application to divert water from Lake Michigan pursuant to the Great Lakes Compact.  At the time, few observers expressed confidence about the application’s prospects for approval.  Now, after several intervening meetings by the Regional Body that governs the Compact, we have more clarity on a path forward.

The Regional Body has offered a revised plan for consideration under which it could grant a conditional approval if, in exchange, Waukesha accepts a smaller water service area (and a diversion reduced by a corresponding amount.)  In its application papers, Waukesha took the position that state law required it to request enough water to supply a water service area contiguous with its sewer service area.  The boundaries extended well beyond the city limits and included parts of the City of Pewaukee and the Towns of Delafield, Genesee, and Waukesha.  During a Regional Body meeting on April 21, it became clear that the expanded service area was a sticking point for several other states, all of which hold a veto power over the application.  Partly, this is because the exception to the Compact’s ban on diversions refers only to a “community,” in the singular; it makes no reference to a water service area.  The Regional Body therefore drafted, and yesterday posted to its website, a revised map showing a reduced service area that would decrease the estimated diversion request from about 10.1 million gallons of water per day (MGD) to about 8.2 MGD.  Waukesha leaders appear willing to accept the change: “[W]e’re approaching a workable solution for residents of the city,” said Waukesha Water Utility General Manager Dan Duchniak.  The decreased water service area may satisfy the requirements of the Compact.  But does it simultaneously violate state law for Waukesha’s water service area to be non-contiguous with its sewer service area, as the city originally posited?  The answer isn’t readily apparent, but some statutory calisthenics reveal the dilemma.

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