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The Cockle Bur Blog

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

17 Jul, 2011

The Dwindling Cert. Docket: Why Are Fewer Paid Petitions Being Filed?

2019-03-18T18:47:56-05:00July 17th, 2011|Tags: , , , , , |

With the start of the summer recess, the Supreme Court discontinued use of the 2010 Term docket numbers, ending with number 10-1558—a petition for mandamus filed by firefighter Frank Ricci. Yes, that Frank Ricci. For the fifth straight year, the number of paid petitions for certiorari, mandamus and original habeas corpus filed [...]

14 Jul, 2011

Dominique Strauss-Kahn, The Maid, and The Media

2019-03-18T18:47:56-05:00July 14th, 2011|

Like other lawyers I know, I don’t usually follow high-profile crime stories. Applying the law to the messy non sequiturs of life can be dissatisfying in the most dignified setting; media hyperbole makes it simply agonizing. Just ask the jurors, lawyers and insiders of the Casey Anthony case. So, reluctantly, I clicked the link from [...]

13 Jul, 2011

Are New Laws, Passed in the Passions of the Moment, Good Laws?

2019-03-18T18:47:56-05:00July 13th, 2011|Tags: , , , , , , |

It seems like every time I go online I see the omnipresent Casey Anthony. Her pictures always elicit the same taste as her media coverage—it’s like regurgitating curdled yogurt. So, with bile and awe, I’ve recently read how several states and even the federal government are considering new laws in her honor, [...]

11 Jul, 2011

JDB and Brown: Kids-(and Parents?)-and the Constitution

2019-03-18T18:47:56-05:00July 11th, 2011|Tags: , , , , , |

Two cases from the mopping-up phase of the recent Supreme Court term—J.D.B. v. North Carolina and Brown v. Entertainment Merchants Assn.—have me thinking about kids and the Constitution. These two cases join prior Court decisions that delineate the constitutional rights of minors—cases such as Tinker v. Des Moines School District (1st Amendment—children [...]

11 Jul, 2011

More on Messerschmidt v. Millender

2019-03-18T18:47:56-05:00July 11th, 2011|

David Kopel over at the Volokh Conspiracy provides some insight into Messerschmidt v. Millender, No. 10-704. That petition was filed by Tim Coates, of Greines, Martin, Stein & Richland, and the petition was printed at Cockle Printing. The Questions Presented are: This Court has held that police officers who procure and execute warrants later determined invalid [...]

8 Jul, 2011

Should Non-Lawyers Be Allowed to Represent People before Immigration Courts?

2019-03-18T18:47:56-05:00July 8th, 2011|Tags: , , , |

Yesterday, the New York Times had an interesting piece about the role that non-lawyers play in New York immigration courts. Father Robert Vitaglione, a non-lawyer, represented people in immigration cases. The Times reports that: For more than three decades, Robert Vitaglione never turned down a client, representing thousands of immigrants in New York’s [...]

8 Jul, 2011

Certpool.com

2019-03-18T18:47:56-05:00July 8th, 2011|Tags: , , , , |

John Elwood at the Volokh Conspiracy and Kent Scheidegger at Crime and Consequences have noted a new resource for Supreme Court watchers. Certpool.com is a website dedicated to tracking the Court's certiorari docket. The site--developed by Texas attorney Don Cruse--separates SCOTUS petitions into federal circuits or state courts from which the petitions originated.     This is a valuable site for SCOTUS [...]

7 Jul, 2011

The Winning Wal-Mart Brief: More Tips from the Legal Writing Pro

2019-03-18T18:47:56-05:00July 7th, 2011|Tags: , , , , , , |

I don’t normally get excited about receiving subscription email newsletters. The one exception is when I see a Legal Writing Pro newsletter in my inbox. The newsletter is prepared by Ross Guberman and you can subscribe to it here. Guberman is a genuis at explaining the art of writing because his explanations are clear [...]