Speech is punished because it is disfavored. Universities then invent other reasons to conceal the suppression of free expression—presenting themselves as benevolent actors even when their conduct, in constitutional terms, constitutes a textbook vi…

Garcetti v. Ceballos sought to clarify the limits of the First Amendment in the public workplace. In doing so, it revealed the boundary of a rule the Supreme Court itself declined to cross. That boundary is the university. Under Garcetti, when a publ…

Recently, several of my undergraduate students who are attending law school next semester expressed anxiety and uncertainty about the first year. Certainly, these feelings are normal and shared by many incoming first-year law students. But this need…

The preliminary statement, or introduction, is among the most critical parts of a brief. Indeed, the preliminary statement affords you the opportunity to concisely and persuasively explain why you should win, and thus make an excellent first impressi…

Starting your legal career can be an uncertain and stressful time. Below are some tips that can help new lawyers successfully transition from law school to the legal profession. 1. Ask for help. If you need help, ask. Of course, do not spend your day…

Most attorneys understand that you must know the record and the law when preparing for an oral argument before an appellate court. You must craft a concise, organized, and compelling argument and be able to distinguish unfavorable law and reconcile u…

Great writing is not simply about following conventional rules. It is about knowing when—and how—to use unconventional writing techniques that enable creativity and enhance persuasion. Below are a few unconventional writing tips that can improve…

In litigation, attorneys write countless briefs at the trial and appellate stages, many of which involve opposing motions filed by an adversary, such as motions to dismiss, compel discovery, or for summary judgment. Effectively responding to these mo…