Thursday, July 20, 2006

Fun with footnotes

Alright, maybe I'll blog a little more. But before long you may find me on a new blog or two, with a few extra people to lighten the load and provide you with the brilliant commentary you love so dearly.

I'm brushing up my law review paper before it goes to through the publication process, and this may be one of my last chances to add any footnotes. I am proposing adding the following, but am open to suggestions:

Well-established canons of jurisprudence—such as the Ashwander Rules [178]—require courts to avoid deciding constitutional issues when a case can be disposed of on non-constitutional grounds. [179]

[178]. . . . .

[179]. Commentators often refer to this refusal to decide constitutional questions as a "punt," meaning that the Court shirked its duties by taking what is perceived as the easy way out. See, e.g, Linda S. Mullenix, Another Easy Case, Some More Bad Law: Carnival Cruise Lines and Contractual Personal Jurisdiction, 27 Tex. Int'l L.J. 323, 339 n.91 (1992). The author objects to the use of the term "punt" as a pejorative. In football, the punt is an important tool for improving field position and preventing the opponent from scoring. Henceforth, the author proposes to use the term "icing." In hockey, icing occurs when a team clears the puck from its defensive end across three lines, including the opposing goal line. Play is stopped, and the puck is returned to the end from which it came for a face-off in front of the goal. See NHL Rulebook 123-24 (2005-06 ed.), available at http://www.nhlofficials.com/images/Rules085-176.pdf (last visited July 19, 2006). This situation is much more like a court taking the easy way out than a punt in that it only delays the inevitable—before long, the puck/issue is back in front of the goal/court for another face-off/trial.

5 comments:

Kat said...

Yay! You're still blogging! :)

Anonymous said...

Are you on law review? I couldn't tell from your blog.

Nye! said...

I'm sorry, is that something I'm supposed to keep secret?

But you're right, I do like to rub that in people's faces. I mean, of the 318 posts on this blog, I did mention law review in exactly five of them. You're right, I'm a jerk. My bad.

ek said...

Did you grow up on a miniature donkey farm? I couldn't tell from your blog. Do you like the Browns? I couldn't tell from your blog. Do you go to Cincinnati? I couldn't tell from your blog. Are you married and rubbing it in my single face? I couldn't tell from your blog.

sadielady said...

hahahaha