Here’s a teaser para:
‘Today, I’m just going to explain some basics about legal writing. Legal writing, like any other scholarly writing, requires the author to support contentions of “fact” with citations to the source of the writer’s information.
There are two kinds of “facts” that require citation. The first is facts as the term is generally used. So, if you are writing a brief, an opinion letter, an internal memo, or a judge’s opinion and you mention a fact, you should include a citation to the testimony, document, or other piece of evidence that supplied that fact. So, for example, if I wrote “John Smith arrived home at 2pm. Deposition testimony of John Smith at page 62.” I would be demonstrating that my “fact” about John Smith’s whereabouts at 2 PM came from page 62 of his own testimony.
The other kind of “fact” that requires a citation is the fact of the state of the law. Specifically, if I want to assert that federal grand jury testimony is to be kept secret by the government prior to indictment, I would cite rule 6(e) of the Federal Rules of Criminal Procedure, or I could cite a case that says that, or a learned treatise, or a law review article. (Yes, there are other authoritative sources, this list is not exclusive or exhaustive.)
In a well written brief or opinion, every single assertion of fact or law has a citation to support it. There are very few that actually meet this standard of perfection, but that is more often a function of limited time. At the very least, you MUST MUST MUST support your major points.
The Yoo memo, as you will see in later posts, completely lacks any citation whatsoever for the most sweeping and outrageous claims. Small wonder, since I doubt he could find any law or case that even came close to some of his nuttier propositions.’
Go on over and read the rest. This is just the first of several posts LHP will be doing and I think you will find his work highly informative.
The vile Yoo is still happliy ensconced at UCB ‘teaching’ ‘law’ at Boalt Hall.
Here’s Professor Christopher Edley, Jr. current Dean of Boalt lawschool’s email address if you’d like to send you thoughts on this really lousy lawyer, for he is that in addition to being a vile sack of human waste, still getting paid by the taxpayers of California to ‘teach’.
‘Teach what?’ is one question I’d ask Ol’ Dean Edley Jr.