How To Write A Bench Memo
The subject often includes re which means regarding the subject.
How to write a bench memo. Ed whelan is the president of the ethics and public policy center and a regular contributor to nro s bench memos. Thus when a clerk is asked to write just two bench memos in a month the clerk can tackle those bench memos with abandon studying the briefs and precedents reading chunks of the record and. He is co editor of the essential scalia.
With bench memos you are reviewing the law with respect to both sides of the case. Memo tip 1. When structuring your memorandum you should adhere to the canon that to the extent that the written word is capable your writing is and should be a transparent window into your thoughts.
Part iii of this article discusses how to properly draft a bench memorandum. Professor valerie munson from. You can appropriately structure.
On the constitution the courts and. This will require you to provide an assessment of each issue in light of the facts and applicable law your tone should be objective rather than persuasive. Properly written bench memos should contain five parts.
2008 a judicial clerk s guide to writing for the court 75 the document including identifying the tone a clerk should use and a format to follow when drafting an opinion. There is no one right way to organise a memorandum. In creating a heading the full names of the recipients and the one sending the business memo example should be placed.
Next write the analysis section of the bench memo. Make sure you have a crazily easy to understand request before writing your memo. Students of religion and the law seminar date.