For that is what happened in Sanches v. Carrollton-Farmers Branch I.S.D. where complaints over not making the squad escalated to a federal civil rights lawsuit under Title IX and 42 U.S.C. § 1983. Hat tip to the ABA Blog and Above The Law for noticing the case first.If some lawyers might think twice about seeking federal remedies over such facts, a cautious lawyer might think thrice about whether and how to appeal to the Fifth Circuit. After the break, a word about how you can make a weak claim worse through bad grammar or by failing to take some time to sleep on it before you cast darts at the lower court.When I was a wee lad just starting out here at Andrews Kurth, I sometimes thought the amount of proofreading and cite checking we lavished on our briefing was excessive. I mean, the final days before a brief got filed were quite expensive. And we always had to allow for that time, so our briefs were "final" (for all intents and purposes) about a week before they … [Read more...] about On Professionalism, Grammar And Proofreading -Sanches v. Carrollton-Farmers Branch I.S.D.
Grammar s or s
On our 5th birthday, you’ll see some familiar faces at the party: bloggers who’ve been on our list in years past.But 2011 also brought along a lot of newcomers, and we’re delighted that so many RSVP’d our invitation to nominate their favorites. We received more than 1,300 Blawg Amici this year, and that made for a hard time narrowing the field to 100 law blogs in 12 categories.As usual, we couldn’t help mixing things up a bit. In print, you’ll find the blogs in alphabetical order, color-coded by category. And as always, you can vote for your favorites online through Dec. 30 at ABAJournal.com/blawg100.After you vote, you’re also welcome to browse our Blawg Directory, now featuring some 3,500 law blogs in dozens of categories and author types. And only a handful of blogs aren’t on Twitter these days, so follow this year’s picks on our Twitter List, as they post at 140 characters a clip.But most of all, put your hands together for this … [Read more...] about The 5th Annual ABA Journal Blawg 100
We can’t help but notice that many readers who comment on ABAJournal.com posts are obsessed with spelling and grammar—whether they’re calling out other commenters on their errors, or re-posting, chastened, to correct their own typos. This week, blogger Howard Bashman and 7th U.S. Circuit Court of Appeals Judge Richard Posner are getting in on the action: They had some words over Posner’s use of a singular rather than a plural noun in a recent opinion, and Bashman even brought a linguistics professor in on the debate.So, we’re wondering: Do you have a grammar pet peeve? Are you bothered by a certain word or phrase that you constantly see misspelled? Or do you think people who revel in correcting such errors and making presumptions about those who make them are more bothersome to you than any typo or lack of subject-verb agreement could ever be?Answer in the comments below.Read last week’s question and answers about “poetic justice.” Our … [Read more...] about Do You Have a Grammar or Spelling Pet Peeve?
Because of a back injury that made it uncomfortable for Skadden, Arps, Slate, Meagher & Flom litigator Rita Gordon to work at her desk or on the subway, she used the firm’s car service at times other than the appointed late-night hours when she would leave the office to work at home. And Skadden subsequently fired her, saying she abused the car-service perk and overbilled clients tens of thousands of dollars in a five-year period (although Gordon thinks this reason is a pretext and has filed suit).That got us wondering what other law firm perks readers feel are abused or underappreciated. And what perks are being offered to you—or what perks you offer, as the case may be. Or what perks you dearly wish could be offered by your firm, be it big or small.Answer in the comments below.Read last week’s question and answers about spelling and grammar pet peeves. We certainly hit a nerve with that question. Our favorite answers from last week:Posted by QJC: When writing … [Read more...] about Law Firm Perks You Have—Or Wish You Had?
Thursday, April 16, marks the 50th anniversary of the first edition of the writing and grammar guide The Elements of Style by William Strunk Jr. and E.B. White. “Publishers at Pearson Education Inc. are proud to say it has not changed at all since that first edition,” Editor & Publisher staffers wrote on the E&P Pub blog.But grammar has a way of being controversial, and this manual has its critics. Geoffrey K. Pullum, head of linguistics and English language at the University of Edinburgh and co-author of The Cambridge Grammar of the English Language, has used this anniversary as an opportunity to tear into the tome in The Chronicle Review, calling Strunk and White “idiosyncratic bumblers,” defending the passive voice and the split infinitive, and noting where the authors break their own rules in the text of the book. NBC’s New York / Around Town blog writes that it seems like Pullum “has been carrying this baggage for quite a while (maybe 50 … [Read more...] about Choose Your Grammar Battle, and Take a Side
U.S. Supreme Court Justice Antonin Scalia can always be counted on to let you know what he really thinks. And even though you think lawyers would bring their A game to oral arguments and briefs they put before Scalia (he did write the book on the art of persuading judges, after all), he had a litany of pet peeves to share at the Texas Bar Association’s annual meeting last week. In oral arguments, lawyers should pronounce words correctly, or Scalia will be “inclined to think this person is not the sharpest pencil in the box.” And Scalia thinks briefs that use italics excessively read “like a high school girl’s diary.”We’ve asked you time and time again about your grammar pet peeves, but this isn’t even about that. What kind of words and phrasing do you see in briefs that drive you crazy? And in court, are you always sitting through hackneyed oral arguments by lawyers who have clearly never read McElhaney on Litigation? If so, we want to … [Read more...] about Briefs and Oral Arguments: What’s Worst of the Worst?
See related stories: Ann Althouse Reads With an ‘Eye for the Bloggable’ To Ernie Svenson, Blogging is ‘Largely a Selfish Activity’ Paper Chase is ‘Doing Public Service,’ Sharing Info Real Time and For Free One-Hit WondersOn our second annual list of the best legal blogs, just half of last year’s honorees make a return appearance.What explains the high turnover? For one thing, every day new legal blogs are started, and some existing blogs—including some that appeared on last year’s list—cease to be updated regularly. Plus, some of the upstart blogs are just plain better than some that made the cut last year.This year, blogs that aren’t updated at least weekly—no matter how interesting—often didn’t make the grade. We put a premium on blogs that broke news in 2008, or were among the first to provide trenchant analysis of one or more breaking legal news stories. We also gave props to bloggers who made … [Read more...] about The Blawg 100
Faithful readers of this blog will be familiar with the structure of the California Corporate Securities Law. Part 5 of the CSL (Cal. Corp. Code §§ 25400 – 25404) proscribes various conduct and Part 6 (Cal. Corp. Code §§ 25500 – 25510) establishes the remedies for violations of Part 5. Directors and officers of corporations may not realize the full scope of their exposure under the CSL. If a plaintiff adequately pleads and proves a violation of Section 25401, then directors and principal executive officers can also be held liable jointly and severally with and to the same extent as the corporation.This result is illustrated by Judge John A. Mendez‘ recent ruling in Balkowitsch v. D&M Dev., Inc., 2015 U.S. Dist. LEXIS 68548 (E.D. Cal. May 27, 2015). In this case, the president sought dismissal of the claims against him even though he did not challenge the sufficiency of the plaintiff’s pleading against … [Read more...] about California Federal Court Finds No “Road of Imprudence” or “Chasm of Equity” In Section 25501
Before the final “obvious” tasks of proofreading for grammar and spelling errors, before double-checking to avoid duplicate content, and before polishing the design and text on your client’s web pages, consider these web content development tasks:Content must be unique and user focused. It should clearly follow the purpose of the page: the target keyword (KW)—think visitor’s question.The page must speak to the targeted client base. Is it generic and emotionless? Is it too high-level for clients? Does it “sell” the practice? After reading the copy would you want to hire this firm?The site’s content management system must be up to the task. Legacy or proprietary CMS may not allow you to adjust site settings to fit with current search standards. WordPress has many great plugins and features to simplify administration and make the site compliant with Google and other search engines. Other systems may not. … [Read more...] about 3 Web Content Practices That Will Make or Break Your Client’s Site
The High Court of Kerala, recentlypresented its views regarding the student political activities in Kerala Campuses and in an Interim Order (passed on 13/10/2017) itself the Court endeavoured to ban campus politics in its entirety. It’s interesting to note that out of the five-page order, except four sentences, every drop of ink was spent for the purpose of eradicating politics from campuses. I am left with no option but to argue that the further hearings of the case, MES Ponnani Management V. State of Kerala, Students Federation of India and others, would be a mere formality; for the text of the order reveals the Court’s true stripes. It is thus relevant to analyse the document in this context, albeit being an interim judicial order in the contempt petition numbered Con. Case (C).No. 1597 of 2017 (S) IN WP(C).28239/2017.The text contained in the order from the very first paragraph to the last consistently reveals the Court’s conceptual and ideological bias, … [Read more...] about Kerala HC’s Order on Campus Politics – More Political than Legal