A well written opinion has an introduction that captures what the case is about. It is all too often the lead in stories that are written about the decision. Here is the opening of Judge Kozinski’s opinion, reversing a lower court ruling and issuing a preliminary injunction in an Alien Tort Statute suit against the Sea Shepherd’s attempts to interfere with Japanese whaling vessels on the high seas:
You don’t need a peg leg or an eye patch. When you ram ships; hurl glass containers of acid; drag metal-reinforced ropes in the water to damage propellers and rudders; launch smoke bombs and flares with hooks; and point high-powered lasers at other ships, you are, without a doubt, a pirate, no matter how high-minded you believe your purpose to be.
The full opinion can be found here.
The opinion captures the imagination but also tees up some definitions and tries to put the case into perspetive, You see this approach in some sentencing memorandum but not often.
LikeLike