A federal district court in North Carolina has ruled that 24 is not "double" 12. Ugh.
Folks, if your court rule says "double spaced," that rule should *not* come with the implied qualifier: "as defined by the people who design Microsoft Word."
But anyway, here goes... 1/
The Court reasons that because most word processing programs have a standard setting for "double" that might not be actually 2x the font size, the Court's rules incorporate that standard. (Note: Does every word processing program use the same spacing for that setting?) 2/
Ah yes, the "technical explanation" that 24 is actually double 12. It is, indeed, hard to quarrel with that! 3/
. . . 4/
Also, it doesn't seem sinister to me that previous filings used "double" spacing instead of 24-point spacing. If a court has a ten-page limit, and I submit a bunch of nine-page briefs, I can still later submit a ten-page brief if I have more to say. Right? 5/
And yes, many other courts have held that "double" means Microsoft's definition of double, which is more than double. At this point, I guess lawyers should be on notice. I suppose we should advise against *actual* double spacing. But that advice seems... 6/
These Title VII summary judgment decisions are always interesting because the judge has so much power to decide what does or does not get to a jury. A few notes: 1/
First, just from a writing perspective, look at how Judge Barrett tells the employer's story. The employer's story is a narrative with a focus on facts, actors, and what happened. 2/
Compare to the structure of the plaintiff's story. The narrative focuses on filings and complaints, as opposed to just telling the story of what he experienced. Of course, this was a retaliation claim, so the complaints matter! But a judge could untangle those threads. 3/
An interesting (and welcome?) update in the 21st edition of The Bluebook: For lawyers, when you're laboring under a word count, the practitioner-focused Bluepages now permit closing up reporter info, e.g., F.Supp.2d instead of F. Supp. 2d, per Rule B6.
Boo. This example from B10.1 in the 20th edition remains in the 21st, which means Spiller v. Ware (from the 18th and 19th editions) remains absent. #SaveSpillervWare
Does legal writing follow a boring, lifeless, formula? This tweet and the many responses from lawyers, judges, and professors provide some good answers! I'm not sure if @JudgeDillard's original tweet was just about the dreaded "IRAC" formula, but a few words on that... 1/
A while back, Judge Posner (@Posner_Thoughts) wrote a book in which he critiqued IRAC, legal writing profs generally, The Bluebook, and moore. Prof. Dorf (@dorfonlaw) defended the writing profs and IRAC (though not The Bluebook!). I wrote about it here: ziffblog.wordpress.com/2016/10/03/jud… 2/
The short version: IRAC isn't that bad! All it means is that, when making a legal argument, clearly state your point right at the start, then explain the relevant law, then apply the law to your facts. But IRAC says nothing about the best way to explain the law. 3/