Today's DJ has obits for Justice Arabian and Judge Reinhardt:
Retired Supreme Court Justice who protected rape victim rights dies at 83:
"He’s just my dad, but to everyone else he was a bald, superhero holding a gavel,” said Robert Arabian.
Described as an imaginative, blunt personality, Arabian was known for deploying literary flourishes in his opinions while rising through the ranks from a Los Angeles municipal court judge to become a California Supreme Court justice in the 1990s.
Stephen R. Reinhardt 1932-2018: Liberal Icon of the 9th Circuit is Dead
Forty years after Congress passed legislation that allowed President Jimmy Carter to reshape the 9th U.S. Circuit Court of Appeals, Stephen R. Reinhardt, who embodied the liberal jurisprudence the court developed in the decades following the president’s appointments, has died.
Reinhardt was the last of 15 judges Carter nominated to the circuit during the transformative period for the court, emerging as a champion of a liberal interpretation of the law and a torchbearer for precedents established by the Warren court in an era when the federal judiciary became more conservative.
“Reinhardt was an unabashed liberal,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law. “He was a judge whose opinions consistently protected civil rights and civil liberties; he usually favored the individual over the government and the government over business.”
Moskovitz on Appeals offers More On Losing, in which Myron discusses how in civil cases the reversal rate is only about 18% He attributes the high loss rate for appellants a few points: (1) Most lawyers don't "appreciate how appellate courts differ from trial courts" and (2) "most lawyers don't get 'the standard of appellate review.'" I.e., they don't take it "seriously" enough. If the standard of review makes the appeal insurmountable, then don't pursue it!
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