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The Cockle Bur Blog

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

12 Oct, 2017

Amicus Briefs: The Interest of Amicus Curiae Section and Footnote 1

2017-10-12T19:08:20-05:00October 12th, 2017|Tags: , |

Two of the most common pitfalls when drafting an amicus brief in the Supreme Court can be found on the first page: Interest of Amicus Curiae section and the required Footnote 1 information. Fortunately, these errors are easily remedied and can often be avoided. In this post, we will discuss how to best handle your [...]

12 Sep, 2017

Seventh Circuit Judge Richard Posner Retires

2019-03-18T18:47:15-05:00September 12th, 2017|Tags: , |

The legal world was shocked when the infamous Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit announced his retirement last week, effective immediately. Judge Posner is well-known in the legal community for being witty and outspoken, sometimes courting controversy with his statements. Though his retirement is seen as abrupt, [...]

16 Aug, 2017

Wedding Cakes and the Travel Ban: A Look at OT 2017’s Blockbusters

2019-03-18T18:47:15-05:00August 16th, 2017|Tags: , , |

The Court closed out OT 2016 on a high note by granting two highly anticipated cases. On June 26th, the oft-relisted (14 times to be precise), Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission was granted certiorari along with the consolidated cases of Trump v. Hawaii and Trump v. International Refugee Assistance Project. As we [...]

11 Aug, 2017

Social Media and the First Amendment

2019-03-18T18:47:15-05:00August 11th, 2017|Tags: , , |

With great power comes great responsibility. Millions of people, including politicians, now use various social media platforms as a way to communicate with their followers easily and quickly. Along with the ability to instantly communicate a message to thousands of people comes the ability to “mute” or block those whose comments the user chooses not [...]

8 Aug, 2017

Justice Kennedy Retirement Watch and Average Justice Retirement Age

2017-08-08T18:30:48-05:00August 8th, 2017|Tags: , , |

Rumors of Justice Anthony Kennedy’s possible retirement have shifted to 2018 after news of him telling applicants for the 2018 term that he is considering retirement began circulating in early July. Kennedy is the most senior Associate Justice on the Court and is often the swing vote on the Court’s 5-4 decisions, meaning his retirement [...]