Monday, June 2, 2014

The 90-day rule debate

Today's DJ has another great Emily Green article about California Constitution article IX, section 19, aka the 90-day rule: State Supreme Court's drafting of decisions before oral argument draws fire -- Professor says 90-day decision deadline leads to delays, not efficiencies. UCLAw Professor Daniel Bussel says that the 90-day rule makes oral argument "a theater of the absurd" and "Kabuki theatre." Justice Liu responds that the professor doesn't get it. The current issue of UCLA Law Review contains Bussel's critique, Justice Liu's response, and the professor's reply.
(For a 90-day rule primer, click here.)

"May it please the (Kabuki) court..."

"According to Bussel's analysis, median disposition times increased from 386 days in 1984 to a peak of 618 days in 2007 before falling to 441 days in 2011."

Also in today's DJ: PJ Gilbert's latest column, A Secret Purchase in Paris, about buying Tropic of Cancer in in France in 1960, which he describes as "More lively than promissory estoppel."
In selecting blog pics, always keep it clean.

Also today: Supreme Court Marks Passing of Michael Millman -- Executive Director of California Appellate Project; Pillar of the Capital Defense Bar.