I don’t comment on the substance of matters pending before the Law Court that involve me, but we were involved in an oral argument recently that reminded us of a useful tool in preparing for briefing and argument that is generally applicable, whatever the substantive issue in the appeal might be.
The argument that reminded me of this tool took place in Ross v. Acadian Seaplants. The substantive issue in the case is whether the public, subject to regulation, can harvest seaweed in the intertidal zone without the permission of the littoral property holders. We represent the amicus Department of Marine Resources, and had a few minutes of the argument, with Ben Leoni and Gordon Smith representing the parties. The argument is at the link below.
The useful tool relates to a question that Chief Justice Saufley asked counsel for one of the parties: “In a sentence, what is the holding you would like