Site Meter

Category: Law Talk

13

Plagiarism in Legal Briefs

I was having a conversation with a colleague the other day about the fact that there does not seem to be a clear set of norms about copying from another attorney’s brief.  Suppose I were working on a case and I read a brief that made a particular point really well.  If I cited that brief in an attempt to fairly attribute the source when I made the same point, then I’d look like an uncreative doofus.  If I did not cite the brief, though, then that would (or could) be plagiarism.  Granted, another brief is not authoritative, but a cite could be required for respect rather than for authority.

It seems, though, that lawyers don’t care whether people plagiarize their briefs.  Part of that may be because plagiarism is hard to detect and does not matter for the case where the argument was first made.  (Indeed,  attorneys are thrilled when the judge in their case plagiarizes their brief in writing the opinion.)  Or maybe people are flattered that others would copy their work.  I’m not sure why attorneys have such a laid back view of plagiarism in briefs.  Thoughts?

I’ve heard people say books are getting more ‘gritty’, meaning more violent and less stylised in general. The realism there might be in terms of warrior not shrugging off their wounds and being fine the next day etc. Researched realism and detailed city/country mechanics are not something I was aware of a movement toward. To me nothing is added by, for example, the author working out a grain distribution network. I’m interested in story and character, not mechanics.

— Mark L.

0

Law and Hard Fantasy Interview Series: Mark Lawrence

Broken-EmpireI’ve sporadically run an interview series with fantasy authors who generally write in the burgeoning genre of gritty / hard / dark epic fantasy.  (I’m, obviously, a fan.)  The series began with this book review post, and continued with interviews of George R. R. Martin and Patrick Rothfuss.  The series continues today as I interview Mark Lawrence.  Mark is the author of the Broken Empire trilogy, and the forthcoming Red Queen’s War.  His work has been lauded on both sides of the Atlantic (Mark was raised in the U.K., where he works as a research scientist).  He was gracious enough to respond to my email queries, which follow after the jump.

Read More

0

UCLA Law Review Volume 60 Symposium: Volume 60, Issue 6 (September 2013) and Discourse

UCLA Law Review, Volume 60 Symposium

Twenty-First Century Litigation: Pathologies and Possibilities

A Symposium in Honor of Stephen Yeazell

 

Volume 60, Issue 6 (September 2013)
Articles

Complexity, the Generation of Legal Knowledge, and the Future of Litigation Ronald J. Allen 1384
Regulation by Liability Insurance: From Auto to Lawyers Professional Liability Tom Baker & Rick Swedloff 1412
When Courts Determine Fees in a System With a Loser Pays Norm: Fee Award Denials to Winning Plaintiffs and Defendants Theodore Eisenberg, Talia Fisher, and Issi Rosen-Zvi 1452
Symmetry and Class Action Litigation Alexandra D. Lahav 1494
Atomism, Holism, and the Judicial Assessment of Evidence Jennifer L. Mnookin 1524
Altering Attention in Adjudication Jeffrey J. Rachlinski, Andrew J. Wistrich, and Chris Guthrie 1586
Wolves and Sheep, Predators and Scavengers, or Why I Left Civil Procedure (Not With a Bang, but a Whimper) D. Michael Risinger 1620
Gateways and Pathways in Civil Procedure Joanna C. Schwartz 1652
Pleading and Access to Civil Justice: A Response to Twiqbal Apologists A. Benjamin Spencer 1710
Teaching Twombly and Iqbal: Elements Analysis and the Ghost of Charles Clark Clyde Spillenger 1740
Unspoken Truths and Misaligned Interests: Political Parties and the Two Cultures of Civil Litigation Stephen C. Yeazell 1752

 

 

Volume 61, Discourse

Discourse

Re-Re-Financing Civil Litigation: How Lawyer Lending Might Remake the American Litigation Landscape, Again Nora Freeman Engstrom 110
Of Groups, Class Actions, and Social Change: Reflections on From Medieval Group Litigation to the Modern Class Action Deborah R. Hensler 126
Procedure and Society: An Essay for Steve Yeazell William B. Rubenstein 136
What Evidence Scholars Can Learn From the Work of Stephen Yeazell: History, Rulemaking, and the Lawyer’s Fundamental Conflict David Alan Sklansky 150
Procedure, Substance, and Power: Collective Litigation and Arbitration Under the Labor Law Katherine V. W. Stone 164
3

UCLA Discourse: Trayvon Martin & Implicit Bias

Vol. 61, Discourse

The killing of Trayvon Martin in 2012 and recent verdict in the trial of George Zimmerman has generated intense national debate.  Mr. Zimmerman’s verdict has not ended the discussion, but instead caused of a firestorm of conversation in the national media.

In light of this debate, we offer a 2012 essay published by two UCLA Law alums discussing the concept of implicit bias and its relationship with gun violence.  The essay remains timely event a year after its publication, and can be found here.

0

Stand-ins for Justice?

The original title for this post was The People’s Supreme Court? because it was triggered by an article in last week’s New York Times about the increased use by law firms of place-holders (paid stand-ins) for seats at the United States Supreme Court.  According to the article, “place holding is common at Congressional hearings and is on the rise at the Supreme Court, where seats for last month’s arguments went for as much as $6,000.”  An earlier piece, published around the time the same-sex marriage cases were argued, noted that the practice has its detractors, including former Congressman Barney Frank, whose proffered remedy is televised Supreme Court arguments.

I changed the title of this post after an incident on Friday.  While returning to my law school midday I passed a scraggly group picketing in front of a neighboring Marriott Hotel.  The signs said that the protesters were picketing because the Carpenters Union had a beef with the management.  As my very general description suggestions, I did not look at the signs too closely.  I was distracted because many of the protests were so drunk or drugged that they could not walk in a circle.  A colleague with whom I was walking informed me that some labor unions now hire homeless people to walk picket lines for them.  Surely the Union did not think that the picketing would be effective.  I was astonished that actual Union members were shirking their membership responsibilities, but did I have a right to be appalled?

Hiring stand-ins for pay is a very American institution.  Read More

1

Law Review Submission Question

I’ve got a question for all of the law review editors (and faculty) who read CoOp.  My article on the Bill of Rights is coming together much faster than I had anticipated and may be done in a week.  Is a general submission at that point worthwhile, or is too late?

10

Depictions of Legal or Historical Figures in Fiction

I have not seen Lincoln yet–it feels too much like work– but I may reconsider after reading something yesterday.  An excellent paper about James Wilson by Nicholas Pedersen (published in 2010) points out that one reason his modern reputation is poor is that he was depicted (inaccurately) as a loser in the musical 1776.  I must admit that it’s been a long time since I’ve seen that movie, so it’s not something that I remembered.  Still, it’s worth thinking about.

I’m kind of wondering who else might fall into this category of “popular culture has treated them badly.”  Richard III might be a good example, though I don’t know enough about the War of the Roses to say.  When it comes to Americans, William Jennings Bryan comes to mind.  Most people who watch Inherit the Wind know that it is a thinly veiled portrayal of Bryan and the Scopes Trial, though they don’t typically know that its not an accurate version. Any other nominees?