On Friday, Virginia appellate lawyers breathed a sigh of relief as the powers that be filled a crucial vacancy–and not a moment too soon. I think I speak for all of us when I say that we congratulate Jurgen Klinsmann on being named the 35th coach of the U.S. National Team, and look forward
Don’t Mess with Texis [sic]: Legal-Writing Lessons from a Fifth-Circuit Benchslap
I had just agreed to give a talk on legal writing when I came across this post on the Appellate Record, discussing the Fifth Circuit’s recent opinion in Sanches v. Carrollton Farmers Branch Independent School District.
Sanches is a gem for two reasons.
First, it’s a completely absurd case. In a fact pattern that probably only makes sense in the Lone Star State, a complaint over failing to make the cheerleading team somehow festered into a Title IX/Section1983 action.
Second, as discussed below, Sanches single-handedly covers about half of the points for my presentation.
Here’s to God, and football, and Texas forever.Continue Reading Don’t Mess with Texis [sic]: Legal-Writing Lessons from a Fifth-Circuit Benchslap
Oral Argument: Concede Nothing
A few months back, I took part in a VTLA telephone seminar on oral argument. One of the questions that came up was:
What do you do when you are asked to make a concession at oral argument?
(Paraphrasing here; this was a long time ago.) I shocked my betters on the call, and even