Monday, September 20, 2021

DJ loaded with appellate articles

Today's DJ is overflowing with appellate goodnes:

  • H&L's David Axelrad has a piece on the fundamentals of Judicial Notice
  • Moskovitz on Appeal has 'Petition Denied'--in which he argues that when writ petitions are denied, "common courtesy" should require at least some short explanation.
  • Charles Kagay has Is that Inunction Prohibitory or Mandatory? which he concludes thusly:

The California Supreme Court in the recent decision Daly v. San Bernardino County Bd. of Supervisors, 11 Cal. 5th 1030 (2021), strongly suggested that the Legislature should take a fresh look at stays of injunctions on appeal and give the courts more flexibility in the issuance of such stays, regardless of whether the injunction is prohibitory or mandatory. This suggestion, if taken up, might result in more nuanced results in some cases, but it might also bring to an end a long litany of creatively crafted characterizations.

  • Veteran Public Justice Attorney to Launch Baily & Glassser Appellate Practice about Leslie Brueckner starting an appellate practice at the firm's Oakland office. The article says she is an appellate specialist who has won three SCOTUS cases and three Cal Supreme Court wins.
  • Brown's state Supreme Court legacy may include justices' future roles. Discussing Cuellar's departure:
  • The decision puts Cuellar back into the mix of work he did for years while a professor at Stanford Law School and as director of the Freeman Spogli Institute, the university institution that studies international affairs. He also worked as a domestic policy adviser for President Barack Obama. But his departure is unlikely to have a significant impact on the court he is leaving. The state Supreme Court has moved to the left during the past decade, because of the departure or retirement of conservative justices and the addition of five appointees by Brown and Newsom.