Blog

/Blog/

The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

26 Aug, 2014

U.S. Supreme Court Merits-Stage Procedure, Part I: Party Briefs

2019-03-18T18:47:34-05:00August 26th, 2014|

Congratulations! Out of the thousands filed every term, your petition is one of the hundred or so granted by the Court. Or, as the case may be, tough luck: your opponent’s petition has been granted, and you must once again litigate your case. So now what!? Your case is at the Supreme Court merits-stage, where [...]

21 Aug, 2014

Unique Attributes of the Ninth Circuit

2019-03-18T18:47:34-05:00August 21st, 2014|Tags: , , , , |

The U.S. Court of Appeals for the Ninth Circuit is located in San Francisco, California, and serves Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Below are a few unique rules and attributes of the Ninth Circuit. Cir. R. 28-2.6 states that there must be a “Statement of Related [...]

19 Aug, 2014

Types of cases heard by the Supreme Court

2019-03-18T18:47:34-05:00August 19th, 2014|

Every year, the Supreme Court receives about 10,000 petitions for writ of certiorari, but only hears about 80 of them.  Unlike lower appellate courts, the Supreme Court’s review of a case is not a matter of right, but of judicial discretion.  Rule 10 of the Supreme Court’s Rules states that a petition for writ of [...]

14 Aug, 2014

Glossary of Supreme Court Terms

2019-03-18T18:47:34-05:00August 14th, 2014|

Amicus curiae – Latin for “friend of the court,” an amicus curiae is not a party to the case, but is a person, group, or organization who files a brief lending a unique perspective to the Court in the hopes it might influence the Court’s decision of an issue. Brief in Opposition – The response [...]

12 Aug, 2014

Misunderstood Supreme Court Rules: What’s There, What’s Not, and…What’s That Mean?

2019-03-18T18:47:34-05:00August 12th, 2014|Tags: |

The U.S. Supreme Court Rules describe an utterly unique and highly specific set of practice standards. Every new filer—whether she is a seasoned litigator with years of experience in the lower courts, or a pro se petitioner—should review the Rules to make sure the document will be accepted by the Clerk. However, many of the [...]

8 Aug, 2014

New Petition Filed in Same-Sex Marriage Case

2014-08-08T16:49:14-05:00August 8th, 2014|Tags: , , , , |

Today, August 8th, 2014, Cockle Legal Briefs printed and filed Virginia's petition in the same-sex marriage case Rainey v. Bostic, et al. in the United States Supreme Court. The question presented is: Whether Virginia violates the Due Process and Equal Protection Clauses by denying the right of marriage to same-sex couples and by refusing to recognize same-sex marriages [...]