Legal Platitudes

A legal writer, D`Ann Rasmussen, argues for the use of clichés in her article A Fresh Look at Clichés, 5 Scribes J. Leg. Writing 152 (1994-1995). Of course, she is mostly against clichés – she rightly refuses to use them to emphasise: “Their main virtue is brevity, not strength.” But she believes that “even the most worn cliché can gain a new life in the hands of an experienced writer” and cites these examples: Later in the afternoon, University Professor Joseph Weiler, Joseph Straus Professor of Law and Jean Monnet Professor of the European Union, praised the assembled LLM and JSD graduates, many of whom are not American. for their decision to combine their home country`s legal education with American education, for what he called “the best legal education.” Legal experts give the same advice. Ross Guberman, a legal writing professor and author of Point Made, has spoken out against some clichéd legal terms on his website. He attacked these four in particular: I care a lot about these issues. I have given it serious thought, not just right now, but throughout my life and career, and now as dean of our law school. Nevertheless, I have avoided writing a message on behalf of our community until today.

What for? Because I understand the seriousness of words and promises, and because I firmly believe that our communities deserve deeds, not platitudes. The same is not true for illegal immigrants. It only takes a Kate Steinle shot by an immigrant who was in the country illegally, or an 8-year-old girl who has been repeatedly sexually abused to question the way we manage border security. The statistical analyses used to support illegal immigrants are either erroneous, incomplete or misinterpreted. However, it doesn`t really matter, because these terrible events are preventable. Bryan Garner also thinks that clichés are too prevalent in the legal literature. As he calls for in Garner`s Dictionary of Legal Usage, the social welfare system, with its customs and traditions, undoubtedly represents an obstacle for women that Libya cannot leave behind. Serious measures are therefore needed to improve the current situation, which limits women`s ability to reach their full potential. This could be done by raising awareness and educating women about their legal rights to equal pay and equal opportunities. In addition, there is a need to change stereotypes by creating success stories and role models that inspire women to innovate for their future. Following the Democratic presidential debate on immigration, the New York Times acknowledged that Democrats “have devoted most of their efforts to dismantling the Trump administration`s policies without really explaining how, if elected, they would deal with illegal border crossings, eliminate a growing backlog of immigration courts, lead immigration enforcement, or address the root causes of immigration migration.

from Central America.” I really react when someone bases an argument on “immigrants commit fewer crimes than their native-born counterparts” – an intellectually dishonest debate rather than a platitude. This reasoning shows a lack of rigour and critical thinking. Seventy-seven percent of immigrants to the United States are here legally and 45% have been naturalized. That means they were checked, lived here for five years, supported themselves, and passed a naturalization test that relatively few native-born citizens could pass. Of course, they commit fewer crimes; They really want to be here for the right reasons and really don`t want to ruin everything. The just response to the murder of George Floyd in Minneapolis has undoubtedly angered Americans and triggered arguments for accounts based on inexcusable events documenting racial inequality. It is clear that most Americans have woken up to a wave of change that is more committed than ever to irreversibly eradicating systemic racism. A byproduct of the protests that encouraged this change of heart emerged as the most important necessary measure in a widely proposed call to “defuse the police.” Placards at protests and activists in interviews cite the action as a reaction to racism in policing. This call to action is misnomerous and creates a distraction that can undermine an extraordinary opportunity to significantly change the way police serve and protect our communities, while addressing the proven record of racial bias. This self-inflicted wound clearly reveals the problem with platitudes. Two other legal writing experts, Tom Goldstein and Jethro Lieberman, say that a cliché “conveys the writer`s laziness.” The Lawyer`s Guide to Writing Well, p. 119.

They recommend us all What I also know is that we need to commit to action, not just platitudes. And for us at UCI Law, change starts not only with how we can better combat anti-blackness and racism in all its manifestations here, but also with how we can use our voices, power and influence to bring about change in the profession and in society. The two are not mutually exclusive, but the former is a prerequisite. Instead of a conversation, we should have a real debate on immigration, highlighting the various trade-offs that accompany any policy, rather than empty platitudes and meaningless slogans used as a substitute for real engagement on this issue. A debate that recognizes that immigration is not just good or bad. The sooner we admit this, the sooner we can try to find consensus instead of simply dismissing opponents as racist and xenophobic. The Libyan case is an example where the legal framework alone cannot improve the status of women and where the main obstacle for women lies in social norms and cultural ways of thinking. The candidates spoke in the language of political platitudes about the benefits of immigration and the gifts they would give to legal and illegal immigrants. But not a single word about how they would enforce the law. The candidates spoke in hypocritical and meaningless platitudes, as Senator Amy Klobuchar said: “Immigrants are not diminishing America.

They are America. Boies was introduced to Commencement by Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law, and received an honorary doctorate from NYU President John Sexton, who called Boies “arguably the lawyer of the century.” In fact, Boies` case for the legality of same-sex marriage was arguably the most watched of the Supreme Court`s mandate. And at the time of the ceremonies, the decision had not yet been made. But should we ban all clichés? Or can legal authors use clichés to their advantage? Boies, a law school counselor, noted of the inevitability of clichés in opening speeches: “We tend to talk in platitudes on a day like this. Change the world. Don`t be afraid to fail. The problem is that it`s too easy to dismiss platitudes. But with a nod to his historic case of Proposition 8, he was quick to point out how important they are: “One of the platitudes of our country is that all men are created equal.

The first is that every human being has an inalienable right to life, liberty and the pursuit of happiness. We are now engaged in a battle for civil rights to try to end the last official bastion of discrimination in this country. Mentioning the violence and officially sanctioned discrimination gays and lesbians have faced in the past, Boies said: “We have come a long way since then, but we still have a long way to go. When I was a young man, one of the platitudes often used was dialogue. We wanted to exchange ideas on almost any difficult topic. Today, the dialogue has been replaced by the word “conversation,” another platitude. Let`s Have a Conversation is now used when politicians are cornered by the recognition of an inconsistency in their reasoning or simply have no solutions or any idea of the central problem. I will stop now so as not to go down a slippery slope. But if I`ve opened Pandora`s box here and you think clichés are the Achilles` heel of legal writing, send me more of these tempting truisms – either the ones you love to write or the ones you hate. The inevitable conclusion is that the police have become the last resort to deal with a plethora of social problems that are not adequately addressed in other areas of government. Where, for example, are the social services that work day and night that are better equipped and better able to deal with these problems? Why are our prisons mostly filled with people with mental health or addiction issues? Without funding to integrate social services and the supports needed to help people thrive, police must intervene without the resources to ensure they can intervene effectively. George Orwell once wrote, “Never use a metaphor, parable, or other phrase that you are used to seeing printed.” This is an essay entitled “Politics and the English Language,” a wonderful article he wrote in 1946 that is worth reading today.

But what did he mean by that? All sovereign countries have the right to determine the most fundamental component of the nation – its citizens. If we were not a nation of immigrants, wouldn`t the richest Christian nation in the world have an obligation to allow immigrants to become citizens? Of course they would. Don`t distract your reader with an imaginary fruit salad. Instead, explain why your opponent shouldn`t get what they want: “The state only filed a new charge because the court rejected his first bail application.” Now is a critical moment and an opportunity to act. Of course, statements of support are important, and it`s important to talk about the injustices that black people have suffered for centuries.