U.S. Supreme Court filings, governed by the Supreme Court Rules, can present a daunting task, even for experienced appellate litigators. The form and format requirements date from an earlier time in American law, when lawyers presented their appellate court briefs as formal, elegantly prepared publications. While most courts now allow stapled, desktop printing, the U.S. [...]
When filing a United States Supreme Court brief, there are distinctive formatting requirements that must be observed and followed. These requirements are set forth in Supreme Court Rule 33.1, which describes the Court’s required booklet formatting. Below are a few of the Supreme Court’s more obscure rules for filing in booklet format. Every booklet-format Supreme [...]
Now that summer is here, our minds are on things like what to pack on our next trip, right? Maybe the last thing you want to think about right now is that approaching deadline to file your petition for certiorari. But just as you have to fit everything you need into your suitcase for your [...]
Amicus Briefs are submitted by non-parties to a case as a way of introducing information and concerns to the Court, demonstrating that a case’s outcome may have wider effects beyond the immediate parties to the suit. They can provide valuable assistance to the Court in its deliberations by presenting an argument or citing authorities not found [...]
How does a case reach the Supreme Court? Well, it can be complicated. But most cases progress routinely down a well-blazed trail (or system of trails). Without a map, you can get lost -- so let this blog serve that purpose as I guide you along the path to the Supreme Court. You Have to [...]
During this week in 1922, the Supreme Court made an important ruling which helped shape Major League Baseball as we know it today. The decision was Federal Baseball Club of Baltimore v. National League. Oliver Wendell Holmes wrote in his majority opinion that exhibitions of baseball are purely state affairs, and thus not subject to [...]
When filing a Petition for Writ of Certiorari to the United States Supreme Court, the Questions Presented section is the first item that the Justices and their law clerks view. Because the Court’s certiorari jurisdiction, though sweeping in scope, is exercised sparingly, a well-crafted Questions Presented is of paramount importance in persuading the Court to [...]
At Cockle Legal Briefs, we make it our business to stay current with the latest legal commentary. Our research helps us to anticipate upcoming printing and filing events, and to stay abreast of the topics that matter to our customers. But it’s also fun to recognize issues from the pages we have printed, then see [...]
Deep into Spring, as the days grow warmer, Nature begins to stir. And Supreme Court practitioners everywhere are consumed by a single thought, “Will my petition-stage case distribute for conference before the Summer Recess?” On June 10th, the Court will distribute paid petitions for the last conference of the term, convened on June 26th. [...]
Over the next three months, the CockleBur will provide a series of conversations about the law with a number of prominent legal journalists, practitioners, scholars, policy makers, and social justice advocates. I chose these particular people because I think they can bring a unique perspective about topics such as advocacy, legal education, [...]