| 1. | | Familiarize yourself with the policy arguments that most frequently appear in briefs and motions. The examples in this chapter present several common techniques. |
| 2. | | Camouflage your policy arguments. Add them to doctrinal or textual arguments, or use legislative history to discuss the policy goals that the legislature emphasized. Discuss policy without using the actual word: none of the six examples in this chapter use “policy.” |
| 3. | | Use policy arguments to counteract the other side’s strongest point or to address your client’s greatest weakness. |
| 4. | | The stronger the policy arguments advanced by your adversary, the greater the need either to undercut those arguments or provide an alternative policy rationale. |
| 5. | | Keep policy arguments short. Ideally, you will finish your policy argument before the judge even realizes that you have been peddling prudential considerations rather than legal authorities. |
| 6. | | Policy arguments offer room for creativity — and fun. A section or paragraph about policy is often one of the most absorbing passages in a motion or brief. |