Thursday, May 7, 2015

Reading and Writing

Many 9th Circuit Judges are involved,
including Judge Hawkins, EIC of the
most recent issue.
Reading: Judicature magazine is back from the dead, and the April issue will be distributed to all (ok, most) federal judges nationwide. Details about the magazine are here:  Judicature Returns with Ninth Circuit Connection. Or, just read it directly right here.

Writing: Today's DJ features Myron Moskovitz's Briefs: If it ain't clear, it ain't there, which begins:
Suppose the following lead sentences appear in the statement of facts of an appellate brief. What's wrong with them?
On July 28, 2014, the trial court found for Mega Big Corporation (hereafter "MGC"), which was incorporated on May 5, 1995, and against Mundy Tools, Inc. (hereafter "MTI"), which was incorporated on August 16, 1987, after it short-sold its competitor's stock. The trial court erred, because the short sale did not violate NYSE Rule 4.06 or SEC Reg. 1057. 

An appellate court justice who reads this probably thinks:
1. "If this brief keeps referring to MGC and MTI, I'll never keep them straight. Why not just 'Mega' and 'Mundy'? I can remember those names."
2. "I'm a former DA. I've never handled a securities case. I don't know what 'NYSE' and 'SEC' mean. And what the hell is a 'short sale'?"
3. "Am I supposed to remember the dates? Are they relevant to the appeal?"
4. "Who does 'it' and 'its' refer to? And who is 'its competitor'"?
5. "No point in reading any further. I give up. Maybe I should look at the respondent's brief to find out what's going on."
You Have A Problem
Sorry, third R! Only Readin' and Ritin' here today.

The OCBA's Appellate Section presents a program today (info hereTechnology from Both sides of the Appellate Bench featuring:
Robin Meadow, Senior Partner    
Greines, Martin, Stein & Richland LLP,    

Joseph A. Lane, Clerk/Executive Officer    
Court of Appeal for the Second Appellate District  

John Lepo, Supervising Deputy Clerk  
Court of Appeal for the Second Appellate District    

The program will be on (1) the current state of technology in the court of appeal from an appellate specialist's perspective and (2) new developments in technology in the court of appeal, including electronic filing, new brief formatting requirements, future technology goals/expectations at the court, and practices the court would like to see from appellate attorneys.