We just wrapped a post on an appellate argument seemingly gone wrong. But as Gideon Kanner rightly pointed out oral argument most of the time is not dispositive.
On that note, we attended a wonderful CLE session at the recent ABA Midyear meeting, “Preparing an Effective Appellate Brief: The Judicial Advocate Perspective,”
A couple of weeks ago, we posted about the Supreme Court oral arguments in Brandt, where Justice Scalia interrupted counsel and asked whether he was reading off his notes. That got us and a lot of others talking about what works and what doesn’t in appellate oral advocacy.
Now comes this report from the
We must say that we’re a touch conflicted about the Hawaii Supreme Court’s 4-1 decision in Lopez v. State of Hawaii, No. SCWC-11-0000512 (Feb. 12, 2014), issued yesterday.
On one hand, we like the idea that the fruits of your labor are your “property,” and cannot be taken away from you by the state
Looks like eminent domain and Hawaii are in the news today. Here’s what we’re reading:
Reading the Alabama Supreme Court’s decision in City of Alabaster v. Shelby Land Partners, LLC, No.1120677 (Jan. 24, 2014), we are reminded of that episode of Star Trek where the gang accidentally ends up in a parallel universe, where things are all backwards. That’s the episode that probably started the meme that in order
Here are the links from today’s session on “They’ll Take My Big Gulp From My Cold Dead Hands – Public Health, the Police Power, and the Nanny State” at the ABA Midyear meeting in Chicago.
Joining me was Sarah Conly, Professor of Philosophy at Bowdoin College, author of “Against Autonomy: Justifying Coercive
We’re at the ABA Midyear meeting in sunny Chicago, so we have our to-read links posted today instead of a new case digest. Our fingers are too frozen to post anything more:
It has been published for a couple of months, but we finally got our hands on an author’s copy of the Hawaii State Bar Association’s Federal Appellate Practice Manual. We authored the chapters on “Briefing – Merits and Amicus” and “Supreme Court Review.”
Our fellow Damon Key lawyers Bethany Ace
Next Thursday, February 6, 2014, we’ll be in Chicago to moderate an American Bar Association discussion/debate on a topic that’s not our usual takings-eminent domain-land use stuff, but is still one of the hotter topics around. “They’ll Take My Big Gulp From My Cold Dead Hands” is an hour-and-a-half with three experts in
We were all set to write up the latest case from the Federal Circuit, Banks v. United States, No. 12-5067 (Jan. 24, 2014), when our colleagues at Pacific Legal Foundation beat us to it with this post, “Federal Circuit revives Lake Michigan takings case.”
The Federal Circuit agreed, holding that the property
