Monday, September 28, 2020

Appellate Round up

 A dedicated reader pointed out this NYT article A High-Stakes Test for Joe Biden’s Love of Senate Tradition, which has a nice old photo of 2/8's Justice Wiley standing next to Justice Kagan behind Orrin Hatch and Joe Biden.

Appellate Specialist John Derrick has launched an appellate mediation practice. Check out his new website herewww.appellatemediation.com

CAAL President and appellate blogger Kirk Jenkins has joined Arnold & Porter.

CALG's Ben Feuer had an piece in last Friday's DJ, RBG’s death portends a legitimacy crisis for the United States Supreme Court, which begins:

Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three of them were confirmed by senators who represent less than half the population. Soon, in all likelihood, both numbers will increase by one — meaning a majority of Supreme Court justices will have been appointed by presidents without a popular mandate and confirmed by senators representing a minority of Americans.

Finally, what happens if a notice of appeal fails to identify the "name of the appellant, the order appealed from, and the date of the order"? Can the rule of liberal construction fill all that in? Nope, says this case here:

The “liberal construction” rule presupposes that there is something in the notice of appeal to interpret. In this case, however, there is nothing.