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The Cockle Bur Blog

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

25 Jul, 2017

Answers to Common Amicus Brief Questions

2019-03-18T18:47:16-05:00July 25th, 2017|Tags: , , , , |

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 [...]

18 Jul, 2017

A Note on Seventh Circuit Jurisdictional Statements

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

Federal appellate court practice can be a daunting experience, especially if you practice in multiple circuits. While the circuits share many common rules and practices, many of the circuits also have unique features that are important to be aware of. Federal Rule of Appellate Procedure 28(a)(4) states that one of the things that must be [...]

14 Jul, 2017

July 14th: Recently Filed Petition

2017-07-14T16:37:10-05:00July 14th, 2017|

Markle Interests, LLC v. U.S. Fish and Wildlife Serv., filed on July 12th     To read this Supreme Court petition, click the heading to open this post, then follow the link!

13 Jul, 2017

The Vacancy and the 2016 Term

2019-03-18T18:47:16-05:00July 13th, 2017|Tags: , , |

The Court released the final decisions of the 2016 Term on Monday, June 26th, bringing the total number of opinions issued by the mostly short-handed bench to 69. In contrast, the 2015 term saw the release of 80 merits opinions, indicating the empty seat did have a significant effect on justices as they filled the [...]

27 Jun, 2017

Today in Supreme Court History

2019-03-18T18:47:16-05:00June 27th, 2017|Tags: , , |

On this day in Supreme Court history, Congress enacted the Supreme Court Case Selections Act of 1988. The Act was designed to “improve the administration of justice by providing greater discretion to the Supreme Court in selecting the cases it will review, and for other purposes.” The Act amended 28 U.S.C. § 1257 to eliminate [...]

20 Jun, 2017

Rule 23: A Guide to Stays

2017-06-20T21:00:29-05:00June 20th, 2017|Tags: , |

The Supreme Court receives thousands of briefs each term. In addition to the typical petitions, briefs in opposition, amicus briefs, and various other briefs, the Justices also receive applications for stays. These applications are typically requesting a stay of execution, but may request a stay on other types of orders as well. Applications for stays [...]

15 Jun, 2017

Choosing Your Shipping Methods with Supreme Court Rule 29

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

Once a brief is finalized and ready for printing, one of the final decisions is the method of mailing for the service parties and the Court. Fortunately, Supreme Court Rule 29 provides the following straightforward guidelines for ensuring your document is filed and served in a timely manner. Filing The Court follows the mailbox rule–meaning [...]

26 May, 2017

May 26th: Recently Filed Petition

2017-05-26T14:17:03-05:00May 26th, 2017|

Alban v. Nippon Yusen Kabushiki Kaisha, NYK Line (N. Am.) Inc., filed on May 23rd     To read this Supreme Court petition, click the heading to open this post, then follow the link!