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How To Conclude A Brief, Brian Wolfman
How To Conclude A Brief, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
This essay discusses the "conclusion" section of an appellate brief and its relationship to problems of argument ordering in multi-issue appeals. The essay first reviews the relevant federal appellate rules--Federal Rule of Appellate Procedure 28(a)(9) and Supreme Court Rule 24.1(j)--and explains the author's preference for short, precise, remedy-oriented conclusions, shorn of repetitive argument. It illustrates these points with examples from recently filed appellate briefs. The essay then turns to problems of argument ordering in multi-issue appellate briefs, with an emphasis on ending with a bang not a whimper, while sticking with the short, non-argumentative conclusion. The argument-ordering discussion is also …
The Dreaded Parenthetical, Brian Wolfman
The Dreaded Parenthetical, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
This essay concerns the use -- and, particularly, the overuse and misuse -- of explanatory parentheticals in legal briefs. The essay describes four particular concerns about parentheticals that appear in briefs. Parentheticals shouldn't be used to repeat what you’ve just said or to say something that easily can be taken out of the parenthetical and placed in ordinary text. Generally, parentheticals shouldn't be used to drive the substance of a brief. The ordinary prose should do that work. And if there’s a good reason to use a parenthetical, try to place it at the end of a paragraph where it …