The Cockle Bur Blog
Legal minds on legal matters and whatever else strikes our fancy.
Do We Finally Have Consensus on the Failings of the Drug War?
It appears that we may have finally reached a consensus on the simple proposition that the War On Drugs is bad policy. Well, kind of. I know what you’re thinking, are there really people out there who believe that the drug war is good policy? Unfortunately, yes, especially if they happen to [...]
What’s Going On In The NFL?
You know that stock video clip that you always see on ESPN when someone makes a boneheaded mistake or some crazy and improbable play happens and they cut to a shot of Vince Lombardi standing on the sidelines with his hands tucked into his beige overcoat, with his trademark glasses and fedora, yelling, “What the [...]
The Passive Voice Debate
I read another article on a subject that seems to create an almost weekly discussion on the legal blogosphere: when and where to use the passive voice, if at all. For law professors' views on the subject read here, here, here and here. My belief seems to track most of those above. Sure, as a general matter, the passive [...]
SCOTUS Coverage
Dean Erwin Chemerinsky, in this ABA Journal post, makes the case that this Supreme Court term will be a momentous one for the Kennedy Court. He notes that: Once more, as it has been for each of the last six years, it will be, from a practical perspective, the Anthony Kennedy Court. In ideologically divided [...]
How Important Are Ineffective Assistance of Counsel Claims?
Just how important are ineffective assistance of counsel claims to the administration of real justice in this country? And if we conclude IAC claims are vital to rectifying injustices committed on criminal defendants by incompetent attorneys, how far is society prepared to go to correct the errors of incompetent counsel? The Supreme [...]
New Merits Briefs Filed by Cockle Printing
We filed three merits briefs this week: Petitioners’ Brief on the Merits in Sackett v. EPA, No. 10-1062, filed on September 23, 2011 Respondent’s Brief in Smith v. Cain, No. 10-8145, filed on September 26, 2011 Brief for the Respondent in FAA v. Cooper, No. 10-1024, filed on September 27, 2011
New Merits Briefs Filed by Cockle Printing
New Petitions Recently Filed by Cockle Printing
The Summer of 2012
With the news that the Solicitor General has joined with Affordable Care Act opponents to request a US Supreme Court ruling on the individual mandate, Randy Barnett over at The Volokh Conspiracy is predicting a decision in mid-June of next year. It got me thinking about my schedule for that summer... March 12th, a solemn [...]