Thursday, August 6, 2015

DJ Duo: Facts & Law

The DJ has two articles of note today.
First, J. Angelo DeSantis at UC Davis School of Law presents How to Strategically Present Your Facts. In a nutshell, his techniques for presenting facts persuasively are:
Image result for just the facts
  • Order facts strategically: Provide key facts at the outset.
  • Couch facts to advance your argument.
  • Never inflate facts: Let the facts speak for themselves.
Second, Justin Karczag and Aaron Arndt of Foley Bezek present One Day You're In, One Day You're Out, about prospective or retroactive application of new law. The piece begins:

Generally, when announcing a new rule of law, the rendering court must determine whether the rule should be applied prospectively or retroactively. A court cannot embrace what Justice David Souter defined as "selective prospectivity" (James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 537-38 (1991)), which would allow courts to determine how to apply the rule on a case-by-case basis. This choice, however, vanishes when the newly announced rule serves to deprive the federal courts of jurisdiction. In such cases, the rule must be applied retroactively.