Wednesday, February 15, 2023

"Shorter is Better"

That's the title of today's (short!) DJ piece by H&L's David Axelrad, which asserts that "Briefs within the current California limits – 14,000 words for principal briefs and 28,000 words for combined briefs in a cross-appeal – are often too long and would be far more effective if shortened." He then proves the point with examples of effective brevity:

  • The Constitution of the United States, including all 27 amendments, is less than 7,600 words.
  • The decision in Brown v. Board of Education (1954) 347 U.S. 483, is less than 4,000 words.
  • The Declaration of Independence is 1,458 words, including signatures.
  • The Gettysburg address is approximately 270 words.
  • the United States Supreme Court decision by Chief Justice Marshall in United States v. Barker (1817) 15 U.S. (2 Wheat.) 395, 395 [4 L.Ed. 271], which held that private citizens may not recover costs from the federal government in exactly six words: "The United States never pay costs."
And check out this unpub here, finding that a notice of appeal filed one minute late was late (and it was defective anyway for failing to specify the order being appealed).