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Thanks for stopping by my little place on the web. This parking spot is not for me to rant (though there will certainly be some of that), but as a place for my former and current students to converse about the full gamut of law school questions and about the class assignments and goals: you know I feel that conversation is the best learning experience.

So, follow. Check in every few days and chat away: anything is fair game (remember, I live vicariously through all your wild lives). To start, some of you already in law school can express some wisdom since decision time is beginning to arrive for this year’s seniors, and those of you currently being abused can ask the world your questions about the class assignments.

This is for you. Enjoy.

-Prof. B.

Monday, February 13, 2012

The Word of the Day is "Orthogonal"

Evidence that, even in the Supreme Court, simple English is the most effective way to communicate an argument. After this exchange, it is highly unlikely that the justices remember the issue at all. 

As the Policy Statement said: always remember, "Give me English words over Latin maxims" Acree v. Republic of Iraq, 
370 F.3d 41, 64 (D.C. Cir. 2004) (Roberts, J., concurring).

From the oral argument transcript today in Briscoe v. Virginia, a funny moment in the argument of University of Michigan law professor Richard Friedman:

MR. FRIEDMAN: I think that issue is entirely orthogonal to the issue here because the Commonwealth is acknowledging -
CHIEF JUSTICE ROBERTS: I’m sorry. Entirely what?
MR. FRIEDMAN: Orthogonal. Right angle. Unrelated. Irrelevant.
CHIEF JUSTICE ROBERTS: Oh.
JUSTICE SCALIA: What was that adjective? I liked that.
MR. FRIEDMAN: Orthogonal.
CHIEF JUSTICE ROBERTS: Orthogonal.
MR. FRIEDMAN: Right, right.
JUSTICE SCALIA: Orthogonal, ooh.
(Laughter.)
JUSTICE KENNEDY: I knew this case presented us a problem.
(Laughter.)
MR. FRIEDMAN: I should have — I probably should have said -
JUSTICE SCALIA: I think we should use that in the opinion.
(Laughter.)
MR. FRIEDMAN: I thought — I thought I had seen it before.
JUSTICE SCALIA: Or the dissent.
(Laughter.)
MR. FRIEDMAN: That is a bit of professorship creeping in, I suppose.I think Friedman should have explained “vectors with a dot product of zero,” but I guess that would have been overly technical.

If you’re curious, the Supreme Court has never used the word “orthogonal” in a written opinion. It has usually appeared in the federal reports in patent cases, although it occasionally surfaces elsewhere. See, e.g., United States v. Harris, 491 F.3d 440 (DC Cir. 2007) (“This test is fact-intensive, and the facts at issue are often orthogonal to those explored at trial.”)."

source

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