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The Cockle Bur Blog

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

11 Mar, 2013

Conference Timing Through The End Of The Term

2013-03-11T21:23:40-05:00March 11th, 2013|

We are getting near the end of the Court’s October 2012 Term. Some petitioners and respondents might be thinking about timing their filings to either have the case considered this term, or have it carried through the summer and into next fall. The last conference for this term is June 20th, and the last paid-petition [...]

6 Mar, 2013

PLF urges Fourth Circuit: give business owners the chance to prove their cases

2019-03-18T18:47:42-05:00March 6th, 2013|

Under legal precedents established in the 1930s, business owners who want to defend their constitutional right to earn a living against unreasonable government interference face a very difficult task. They must overcome the “rational basis test,” a legal theory that says the judge must presume that the law is constitutional and the [...]

22 Feb, 2013

New Merits Briefs Filed by Cockle Printing

2013-02-22T20:59:56-06:00February 22nd, 2013|

Reply Brief in McQuiggin v. Perkins, No. 12-126, filed on February 15, 2013 Brief of Respondent City and County of San Francisco in Hollingsworth v. Perry, No. 12-144, filed on February 21, 2013 Brief for Respondent in Dan’s City Used Cars, Inc. v. Pelkey, No. 12-52, filed on February 21, 2013

22 Feb, 2013

Who Says Judges Can’t Be Funny?

2019-03-18T18:47:42-05:00February 22nd, 2013|Tags: , , |

This has to be the single most brilliant opinion I’ve ever read. Judge Jeffrey Sutton proceeds to eviscerate the Memphis Police Department and a district court judge who has annoyed me (in fairness, judges probably annoy every lawyer when they rule against that lawyer – it doesn’t mean that the judge is [...]