Monday, March 14, 2022

Dissents & Advisory Opinions

Today's DJ has a book review by LASC Judge Michael Stern: Justice John Marshall Harlan's vision of America, founded on the concept of equality for all -- In "The Great Dissenter," Peter S. Canellos delves into Justice John Marshall Harlan's life experiences and judicial philosophy and probes the sources of Harlan dissents that ran against the grain of his Supreme Court colleagues.

Today's DJ also has H&L's David Axelrad's The ‘advisory opinion’ doctrine of our appellate courts -- If you settle a case on appeal and then ask the court to dismiss the case as moot, don’t be surprised, particularly where a decision in the case is imminent, if the court declines to do so and orders you to appear at oral argument because the court has found an issue of public importance that it wants to decide.

Law360 has Female Black Attys Look to Jackson's 'Fresh Perspective' which begins:

  • Judge Ketanji Brown Jackson's nomination to the U.S. Supreme Court is a watershed moment for Black women practicing appellate law, many of whom are watching with "immense pride" and "joy" as they witness one of their own on the verge of becoming the first Black female justice to serve on the high court in its 232-year history.

and notes:

  • According to data from the Federal Judicial Center, Black women hold 45 of the current 793 lifetime-appointed federal judgeships in active service across the country. At major U.S. law firms, they made up 3.17% of associates last year and continue to represent fewer than 1% of all partners, according to the National Association for Law Placement's diversity report released in January. Despite slight gains in 2021, fewer than 5% of partners at firms of all sizes are women of color, the report said.
CLA's Solo & Small Firm Section presents Navigating California Civil Appeals for Litigators, on March 30 (from 5 to 6 p.m.) presented by appellate specialist Janet Gusdorff.

As for cases with interesting appellate wrinkles, see one here and here. And appellate sanctions imposed here.