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12 Nov, 2010

ABA Journal Has The Scoop On Justice Alito Being Chased By Blogger

2019-03-18T18:48:11-05:00November 12th, 2010|Tags: , , |

The ABA Journal.com summarizes this story about Lee Fang--a blogger from Think Progress--chasing Justice Alito and yelling questions about whether it is ethical for the Justice to be attending a Republican fund-raiser dinner. Fang also videotaped one of Justice Alito's security guards threatening to arrest Fang.

11 Nov, 2010

Petition Raises an Ex Post Facto Challenge to the Sentencing Guidelines

2019-03-18T18:48:11-05:00November 11th, 2010|Tags: , , , |

For the past three years there has been a growing circuit split on whether a defendant’s sentence may be increased by using a Federal Sentencing Guidelines manual that was amended after the offense took place and whether such an increase would violate the Ex Post Facto Clause. Chicago-based attorney Marc Martin filed a petition on Tuesday in United States v. Custable, asking the Court to remedy the circuit split that has become “more pronounced.” In April of 2005, Frank Custable was indicted on a series of wire and mail fraud offenses, and obstruction of justice.

10 Nov, 2010

Divorce Italian Style

2019-03-18T18:48:11-05:00November 10th, 2010|Tags: , , , |

Courts often don’t get sex.  We know that.  But I had thought that this was a peculiarly American matter.  Not so, apparently.  British newspapers are reporting that Italy’s Supreme Court of Cassation, its highest court for nonconstitutional issues, has civilly blessed an ecclesiastical court’s annulment of a marriage.  That, by itself, will [...]

8 Nov, 2010

Administrative Law’s Empire I

2019-03-18T18:48:11-05:00November 8th, 2010|Tags: , , , , |

Many have weighed in on Justice Breyer’s recent book, Making Our Democracy Work: A Judge’s View.  They understandably focus on the sexy topics—constitutional interpretation, Brown v. Board of Education, and judicial review generally; the topics most relevant to today’s political battles—statutory interpretation and the culture wars; and Breyer’s own big, nagging question—why [...]

4 Nov, 2010

How the Iowa vote may improve the long-term chances for same-sex marriage

2010-11-04T22:24:05-05:00November 4th, 2010|Tags: , , , |

Three justices of the Iowa Supreme Court were defeated for election to new terms on Tuesday. It is as clear as could be that they lost because they had joined in Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009), the court’s unanimous decision holding that the state constitution gives same-sex couples a right to marry. Especially given that Iowa is a relatively moderate state – it has a Democratic Governor but just elected a Republican one; it has two long-standing Senators, one Republican and one a liberal Democrat; and Obama thumped McCain there in 2008 – one might well expect that high court judges in other states will take note and be more hesitant than they might have been to follow in the same path as Varnum.

28 Oct, 2010

Formulating the QP—Suggestions and Analysis of Questions Presented from the 2009 Term

2019-03-18T18:48:12-05:00October 28th, 2010|Tags: , , , , , , , , , , , , |

If the argument section is the engine that drives the cert petition car, the Questions Presented (“QP”) is the body governing how the engine is framed and the paint job creating that vital first impression. Send a rusty and dented car to the Court, and the Clerk writing the cert pool memo may move on to a flashier ride. Nor will the Justices be impressed. The goal of this post is meant to turn your scratched and marred Pinto-looking QP into, at very least, a Prius!

18 Oct, 2010

Both Style and Substance: The Anatomy of a Supreme Court Brief Cover

2019-03-18T18:48:12-05:00October 18th, 2010|Tags: , , , , |

When part of your employment revolves around reviewing the covers of U.S. Supreme Court briefs, you start to take notice of things like New Century Schoolbook font, diamond lines and all caps versus initial caps. But it’s not just style that differentiates a good brief cover from a bad one; there is a little substance, too. This post covers both.

12 Oct, 2010

Posting U.S. Supreme Court Merits Briefs

2019-03-18T18:48:12-05:00October 12th, 2010|

I will periodically post party merits briefs and noteworthy amicus briefs that were printed through Cockle Law Brief Printing Company.  The merits briefs will be posted the day after they are filed with the Court.  All the merits briefs with be archived under the New Filings tab.  The Respondent’s Brief in Virginia Office for Protection [...]

12 Oct, 2010

Borough of Duryea v. Guarnieri Granted

2019-03-18T18:48:12-05:00October 12th, 2010|Tags: , , , |

Today, the Supreme Court released its order list from last week’s Conference. Among the seven petitions for writ of certiorari that were granted was the petition in Borough of Duryea v. Guarnieri, No. 09-1476. The petition was filed by CockleBur contributor Dan Ortiz from the University of Virginia Supreme Court Clinic.