Nov

6

The Real Value in Appellate Oral Argument

Posted by: David Strifling | November 6, 2009 | Leave a Comment

Does appellate oral argument still matter?  In some courts with exceptionally heavy caseloads, such as the Wisconsin Court of Appeals, oral argument is vanishingly rare.  But even in courts that regularly hold oral argument, some observers claim that it has devolved into a dog-and-pony show unlikely to move judges who have already reached unspoken decisions [...]

Oct

13

California Moves Towards Civil Right to Counsel

Posted by: Rebecca K. Blemberg | October 13, 2009 | 2 Comments

Today California became the first state to establish a pilot program to provide appointed counsel to low-income people in civil legal matters.    The program is scheduled to be in effect from July 1, 2011, to July 1, 2017.  Low -income people will receive appointed counsel for assistance in critical civil legal matters in areas like [...]

Oct

7

Searching for Negative Space in the Constitution

Posted by: Edward A. Fallone | October 7, 2009 | 3 Comments

Some people dislike the game of soccer.  They observe the players running around on the field and it all seems like random chaos.  Soccer aficionados, however, are not focusing on the players.  They are watching the spaces in between the players.  These empty spaces ebb and flow, like waves in the ocean, creating momentary opportunities [...]

Oct

3

Questions of Professionalism

Posted by: Rebecca K. Blemberg | October 3, 2009 | 2 Comments

I’ve been thinking about professionalism lately.  Two discussions in the past week or so have stuck with me.
The first discussion appeared in the Law Librarian Blog (thank you, Professor O’Brien, for forwarding it.)  In Florida, U.S. District Court Judge Gregory Presnell issued an order denying a plaintiff’s motion for voluntary dismissal for
Failing to comply with [...]

Sep

17

Gableman Prognostication

Posted by: Richard M. Esenberg | September 17, 2009 | 3 Comments

Yesterday a three judge panel heard oral arguments on the disciplinary complaint against Justice Michael Gablemen. You can review the offending ad here and my recent discussion of it on Prawfsblawg there.
There are two rules that are pertinent. The first sentence of 60.06(3)(c) provides “[a] candidate for a judicial office shall not knowingly or with [...]

Sep

7

Learning About Law . . . by Watching Football?

Posted by: Michael M. O'Hear | September 7, 2009 | Leave a Comment

Who knew you could learn so much about jurisprudence from the NFL rulebook?  In a new paper on SSRN, Chad Oldfather (Vikings fan) and 3L Matthew Fernholz (Bears fan) demonstrate that it is surprisingly illuminating to compare and contrast the rules of instant replay with the rules of appellate review.  Their title says it all: “Comparative Procedure on [...]

Aug

31

Catholics on the Court

Posted by: Edward A. Fallone | August 31, 2009 | 6 Comments

Three recent events have added a new wrinkle to a debate that has been taking place among legal scholars: what, if anything, does it mean to be both a Catholic and a Supreme Court Justice?
First, the confirmation of Justice Sonia Sotomayor has added a sixth practicing Catholic to the Supreme Court.  As a proportion of the [...]

Aug

22

Seventh Circuit Criminal Case of the Week: Of Lifelines and Waiver

Posted by: Michael M. O'Hear | August 22, 2009 | Leave a Comment

When a lawyer is making what is clearly a losing argument, a judge will sometimes throw the lawyer a lifeline, using a question to suggest a more fruitful line of attack.  An astute lawyer will follow the judge’s cue and adapt his or her argument accordingly.
Such does not seem to be the case with the lawyer in United States v. Foster [...]

Aug

21

Appellate Judicial Efficiency

Posted by: Andrew Hitt | August 21, 2009 | Leave a Comment

The timing of released Wisconsin Supreme Court opinions is a popular topic this time of year among many members of the legal community.  The Wisconsin Supreme Court begins hearing cases in September every year and generally hears between six and ten cases each month through April.  In May, oral argument dates are set but not always used.  [...]

Aug

14

Have Some Conservatives Oversimplified Judicial Activism?

Posted by: Andrew Hitt | August 14, 2009 | 1 Comment

As I watched the recent Sotomayor confirmation hearings, I reached the conclusion that conservatives — at times — can oversimplify the definition of judicial activism.  This oversimplification gives credence to those who brush aside judicial activism, i.e., those who say it is merely what one side accuses the other of when they disagree with each [...]

Aug

5

The Debate over Statutory History

Posted by: Andrew Hitt | August 5, 2009 | 2 Comments

An interesting debate about statutory history emerged at the Wisconsin Supreme Court this past term in County of Dane v. LIRC (2009 WI 9).  By statutory history, the court is referring to previous versions of a statute, which the legislature has subsequently repealed or revised.  Even prior to County of Dane, the court had stated, [...]

Jul

24

The Umpire, the Wise Latina, and the Cabinetmaker

Posted by: Edward A. Fallone | July 24, 2009 | 6 Comments

The confirmation hearings for Judge Sonia Sotomayor are over, and the reviews have been overwhelmingly negative.  The public tuned in expecting a discussion of the nominee’s qualifications and a debate on the role of the Supreme Court in our constitutional system.  What they got, instead, was a battle of metaphors.
Republican Senators on the Judiciary Committee [...]

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