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how to use published article you want to quote
Hello Giovanni:Unfortunately, I think you have to go through the work of sifting through the learned professor's sterling prose and making it your own, even if it's more clunky and pedestrian.I dream myself into the judge's seat. A litigant comes to me, asking me to decide in a specific way, and this request is in a motion, a piece of writing. I pick it up, and I become a reader, a role that requires no dreaming for me. I want to read this new and original piece of literature, and engage with it. I know, from long experience, that my eyes glaze over when they confront block quotes or string citations that throw up obstacles to my free passage through the text.lse as being more intelligent, wise, or thoughtful than the author. But I want that piece of writing to stand on its own; I don't want it to say "don't waste time with me, but look elsewhere for the point I want to make."full credit for the extent of his argument, but present the argument in your words. Attach the article as reference, but don't say, explicitly or implicitly, "read this guy, not me."- John D. Faucher818/889-8080
On Friday, December 9, 2016 7:42 PM, "Giovanni Orantes go@gobklaw.com [cdcbaa]" wrote:
I have found an article that makes all the arguments I want to make in an appellate case, which arguments I made either in writing or orally in the underlying case, though not as artfully. It is beautifully supported by case law, statutes and legislative history for an issue for which all you can find is dicta or poorly reasoned decisions. I must confess that I want to basically say, something like: this "[professor] makes all of the arguments that require a ruling in favor of the Debtors in his article entitled [name] and I reproduce verbatim the relevant sections here to avoid diluting the strength of his compelling arguments directly on point and urge this panel to read all of these important arguments:"
I think simply briefly summarizing the points and directing the Court to read the attached article will lead to the Court's not actually reading the article and relying on the brief summaries (though it is difficult to summarize here without losing important points). What do you all think?
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