Justice Kagan, I've Got Your Number. . . .

This wikilog article is a draft, it was not published yet.

by: Ryan • June 13, 2013 • no comments

Yes, Justices do have a sense of humor. When I talk about legal writing to new lawyers, I stress how much I hate boilerplate, because I think it conveys to the court a lack of effort and interest, and how much I like a certain playfulness, because arguments that are at least a little entertaining are always going to be more persuasive and memorable.

And speaking of playfulness, SCOTUS issued an opinion today, authored by Justice Elena Kagan, and it includes this wonderful nugget. But to catch the reference, it may help if you like '80s music (aka, The Decade That Music Forgot).

To address the community’s concerns, the Board implemented a Clean Truck Program beginning in 2007. Among other actions, the Board devised a standard-form “concession agreement” to govern the relationship between the Port and any trucking company seeking to operate on the premises. Under that contract, a company may transport cargo at the Port in exchange for complying with various requirements. The two directly at issue here compel the company to (1) affix a placard on each truck with a phone number for reporting environmental or safety concerns (You’ve seen the type: “How am I driving? 213–867–5309”) and (2) submit a plan listing off-street parking locations for each truck when not in service. Three other provisions in the agreement, formerly disputed in this litigation, relate to the company’s financial capacity, its maintenance of trucks, and its employment of drivers.