A Poetic Brief @CecereCarl
Take a look at this brief (link here), filed in the Rentmeester v. Nike case (Supreme Court, Docket No. 18-728). In particular, the first paragraph, reproduced below, is just lovely. It lays out analysis in such a poetic way; attorney Carl Cecere’s command of language makes one want to read more (and how often can you say that about a brief)?
The trouble with photography results from the subtlety of its potential for artistic expression. The crystalline quality of a photograph can fool us into thinking what
is depicted really is unmediated reality—as if the tableau it depicts simply occurred in nature by happenstance, rather than being assembled by the photographer. A photo’s
capacity for freezing moments in time also tricks us into missing the choreography that often goes into its creation—in which every gesture, every garment fold, is a
step in a dance playing out in still-life before our very eyes. The camera’s felicitous ease of use also tends to make us mistake its artistic creations for cheating—as if art must be hard to really be art. Time has only magnified photography’s seductive and misleading qualities, with technological wizardry that makes it impossible to tell
what is real and what has been constructed, sometimes pixel by pixel. Never has it been easier to overlook the artistry of the photographer.