Monday, December 7, 2015

Justice Gilbert asks, "Who me?"; Beds awards a medal

Image result for sandal large and smallThis month's column by Justice Gilbert in today's DJ is titled Who am I to judge?
2015 is a good year to reflect on how we judge. Last month marked the 100th anniversary of the publication of Einstein's general theory of relativity. In complex mathematical equations, we, I mean, one or two persons, understood that absolutes were gone. Gravity was the warping of time and space. I don't understand it either, but I always knew that nothing in the law was absolute. Heisenberg's "uncertainty principle," known in the world of quantum mechanics, applies in the legal world. 

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"I guess it depends on the sandal."
 Also of interest in today's DJ is Pens Are Mightier Than Swords, But Can Backfire Like Pistols, by Louie Casotia, which begins:
Countless films, novels and television dramas feature lawyers as lead characters, but few devote any time to depicting us doing the one thing to which we devote most of our time: writing.

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007 would agree...

In the category of dicta about trial judges and counsel, see this case here, where Beds has some nice things to say about those involved in seeking justice in a particular case:
We need only add, by way of dicta, two comments. First, if this court were to award medals to trial court judges for patience in bending over backwards to insure that self-represented litigants really do “get their day in court,” it would award one to Judge Colaw here. ....
Second, there are times when lawyers really do earn their keep. While we do not decide the issue of the statute of limitations raised by Dang’s appellate counsel on its merits, we do observe that the issue is certainly not frivolous.
Last Thursday's Law360 featured Appeals Court Seeks to Influence Calif. High Court Decisions, by H&L's David Moreshead, about appellate justices breaking the fourth wall (and addressing comments to the Supreme Court).

Finally, file this unpub'd anti-SLAPP decision here under "Fight On"...