Class 3 Advanced (Legal) Writing

1. Class 3Advanced (Legal) Writing POLS 363 International Law P. Brian Fisher Spring 2010

2. Youtubevid:Warning Plagiarism

3. CofC Honor Code: Plagiarism Plagiarism: • The verbatim repetition, without acknowledgement, of the writings of another author. All significant phrases, clauses, or passages, taken directly from source material must be enclosed in quotation marks and acknowledged either in the text itself or in footnotes/endnotes. • Borrowing without acknowledging the source. • Paraphrasing the thoughts of another writer without acknowledgement. • Allowing any other person or organization to prepare work which one then submits as his/her own.

4. CofC Honor Code: Cheating Cheating: • the actual giving or receiving of unauthorized, dishonest assistance that might give one student an unfair advantage over another in the performance of any assigned, graded academic work, inside or outside of the classroom, and by any means whatsoever, including but not limited to fraud, duress, deception, theft, talking, making signs, gestures, copying, electronic messaging, photography, unauthorized reuse of previously graded work, unauthorized dual submission, unauthorized collaboration and unauthorized use or possession of study aids, memoranda, books, data, or other information… Attempted cheating: • a willful act designed to accomplish cheating, but falling short of that goal.

5. plagiarism • Copying & pasting directly from outside sources without a reference, citation and quotes. • Copying and pasting from outside sources and changing a few words—without citation and reference. Insufficient paraphrasing. • Copying and pasting from outside sources and changing most of the words (but meaning of sentence remains same) without a source and reference. Sufficient paraphrasing, incorrect cite

6. Sample of Writing Papers • Writing Clip from Human Ecology Journal article.

7. Keys to Good Writing GOAL: To write with economy of power and cogency ELEMENTS • Frame your thoughts carefully • Preparation—Whirlybird (nonlinear outlining) • Seek cogency, clarity and conciseness • Logical Sequencing • Use headings and subsections for clarity • Simplify sentence structure (less than 20 words) • ** Omit unnecessary words • Eliminate simplifiable jargon • “Deep Issue” Technique: Lead with most important points and summary in 1st paragraph • Be forthright with counterarguments (trying to persuade) • Introduce each para with a strong topic sentence • Use Simple signposts: either headings or list within paragraphs • Ensure no plagiarism through correct paraphrasing, quotes, and cite/references.

8. Writing a Case Brief • See website link on index page • Title • Facts • Issue • Holding • Reasoning • Dissent (if applicable)

9. Basic Terms • Jurisdiction: practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. • Tort: governs civil wrongs (not involving contracts) where there is a legal injury. Tort law establishes the circumstances under which one person may be held liable for another's injury. • Punitive Damages: damages beyond compensation (to make vicitim whole) and designed to deter or reform conduct engaged in by the defendant.

10. Setting up Filartiga Summary 28 USC (US Code) § 1350. Alien’s action for tort (ATS = Alien Tort Statute) • “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” • “Law of Nations” = Public International Law (PIL) • Private International Law = Conflict of Laws • PIL: the structure and conduct of sovereign statesand intergovernmental organizations within a legal context. • PIL is evolving to affect multinational corporations (MNCs) and individuals. • 2 Branches: law of nations (jus gentium) and international agreements and conventions (jus inter gentes)

11. Filartiga • Procedural History: • Magistrate decision on damages (appealed to US Fed Court) • Juris denied in fed district court • Juris found according to ATS in Fed Appeals Court (2d circuit) • Issue: Is there subject matter Juris with 2 foreign nationals and crime committed in foreign state? • Remanded to fed district court • Issues: What law is applicable—foreign state’s or IL? Damages?

12. Filartiga Case Brief (577 F.Supp. 860) • Facts: Summary of finding of jurisdiction (by appeals court) • Issues: • Interpretation of “tort” for applying ATS—applicable to wrong “in violation of the law of nations” or merely a wrong actionble under the law of the appropriate sovereign state? That is, should the tort be defined by IL or domestic law? • Damages—Justified? How much? • Holding: i) ATS is applicable to tort in violation of law of nations—so look to IL for answers. ii) Agree to compensatory awards but expand punitive damages to $5mil each. • Reasoning: Hardly makes sense to make the “crime” subject to IL without defining the crime itself (or tort) according to IL. • * The court concludes that it should determine the substantive principles to be applied by looking to international law, which, as the Court of Appeals stated,"became a part of the common law of the United States upon the adoption of the Constitution.” • Damages: Punitive damages rare in IL cases, but evidence is overwhelming, and it would “further international objectives considering the egregious acts committed by Paraguayan official.”