This semester's legal writing class revolves around writing persuasive memos. Our topic: improper police lineups and the exclusion of evidence derived from such lineups at trial.
Just to be clear, this isn't necessarily an improper lineup.
Neither is this (although suggestivity and misidentification, which come up often in the literature, are at the heart of the film).
Wednesday, January 25, 2012
Friday, January 20, 2012
Anticipatory Rebuttal
In our legal writing class, we're going through the shape and content of arguments that are included in persuasive legal writing, ie, the briefs that are submitted to the court.
One strategy to employ when you know that your opponent has a particularly strong point that they will make against you: mention it in your own brief and make the case against it. They call that anticipatory rebuttal, and it's preferable to just ignoring the point or claiming that the judges were on crack.
This happens in a lot of different settings, not just legal briefs. Here's the best example of anticipatory rebuttal that I've seen: the final battle from 8 Mile. Take it down, Mr. Mathers.
One strategy to employ when you know that your opponent has a particularly strong point that they will make against you: mention it in your own brief and make the case against it. They call that anticipatory rebuttal, and it's preferable to just ignoring the point or claiming that the judges were on crack.
This happens in a lot of different settings, not just legal briefs. Here's the best example of anticipatory rebuttal that I've seen: the final battle from 8 Mile. Take it down, Mr. Mathers.
Thursday, January 19, 2012
LOTR as Property Law
Turns out that I'm not the first law student to draw this analogy. Jacob Kaufman, a Canadian law student, did as much a few years back, and his initial post, treating the film like a fact pattern, was linked and commented on via the Volokh Conspiracy.
My take is forthcoming, along with some other stuff. Watch this space.
My take is forthcoming, along with some other stuff. Watch this space.
Finders Law
Today in property, we discuss finders' law, and the question of who has rights to property that has been lost or mislaid. The idea is that this will make sense of the various relationships that those persons claiming property for themselves have to the item.
The burning question which I hope to be able to answer in two hours: whose property is the one ring?
Sauron forged it, the men who fought against him took possession of it, then they were ambushed, and the ring fell deep into the caves, where the creature Gollum found it...then along came Frodo Baggins.
The Hobbit: coming soon to a theater near you.
The burning question which I hope to be able to answer in two hours: whose property is the one ring?
Sauron forged it, the men who fought against him took possession of it, then they were ambushed, and the ring fell deep into the caves, where the creature Gollum found it...then along came Frodo Baggins.
The Hobbit: coming soon to a theater near you.
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