Today's DJ has 9th Circuit judge accused colleagues of playing politics -- about a dissent by Judge VanDyke's against a Paez and Fletcher immigration stay decision. See here.
Law360 has 'We're Not Imperial': Kagan Eschews Alito's Tough Ethics Tone
Justice Kagan struck the relatively cordial tone in a jam-packed ballroom at the Ninth Circuit Judicial Conference in Portland, Ore., during a moderated conversation that occurred Thursday and began airing Friday on C-SPAN. The left-leaning justice did so against the backdrop of uproar regarding investigative reports about gifts and real estate involving multiple right-leaning justices.
The NLJ has Before Originalism Reigned, Ginsburg Fought for Living Constitution -- The debate over constitutional interpretation still rages, but the court's modern-day originalists are winning.
Bloomberg Law has Solicitor General Prelogar Walks Fine Line With Skeptical Court
And PJ Gilbert has Column composed by a Human providing a judge's view of "what he likes to see in an appellate brief" along with 15 pointers, including:
1. Be wary of your opponent’s briefs. Some are excellent; some are deficient. ... always check your opponent’s research.
2. Your brief should succinctly state the following:
A. The nature of the case.
B. The issues or questions to be decided.
C. What the holding should be; you are not writing a mystery novel, so you should immediately tell the reader that the butler did it.
D. Facts. Pertinent ones only, please.
E. Argument. Give reasons for the holding you desire. Each issue should be discussed separately under separate numerical headings in the argument section.
F. Conclusion. Tell the court what you want it to do – reverse, affirm, or remand. If you think a remand is appropriate, specifically state the instructions you wish given to the trial court.
3. In your rough draft, highlight your weaknesses and then write a response to the weak points.
4. The brief should be interesting and persuasive.
5. Write with the reader in mind.
6. Write in a style that is crisp, concise, and sparkles with clarity.
7. Short sentences usually deliver more power than longer ones. Active verbs deliver more punch than passive ones.
8. Make the brief short, even though it takes a longer time to write.
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