Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.
– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.
(More information — including the identity of the offending professor, and the full opinion — after the jump.)
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
Or at least his laptop. After a conservative state court judge in Kentucky wrote an op-ed for the local paper arguing that the Supreme Court’s recent rulings on gay marriage didn’t affect the definition of marriage under Kentucky law, a retired federal judge called him on the carpet.
Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.
On Monday, the Supreme Court decided City of Arlington v. FCC. The question before SCOTUS was whether courts must defer to a federal regulatory agency’s interpretation of a statutory ambiguity even when that ambiguity involves the scope of the agency’s authority — its own jurisdiction.
Justice Scalia wrote for the majority, holding that even in cases such as this one, agencies are entitled to the usual deference established in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. — aka Chevron deference. Chief Justice Roberts dissented, joined by Justices Kennedy and Alito.
The outcome of City of Arlington should be noteworthy to Court watchers — and conservatives in particular — for several reasons. First, the Scalia-Roberts split quiets the simplistic refrain that SCOTUS decides cases down rigid liberal-conservative lines. Second, it highlights an ongoing debate among conservative members of the Court about fundamental issues concerning the separation of powers and constitutional governance. Third, the Scalia and Roberts opinions demonstrate that, far from reserving their barbs for the left, conservatives can be pretty darn snarky amongst themselves.
Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.
When an opinion opens with a quote from The Wrath of Khan, something is about to happen.
What followed was a straightforward benchslap littered with Star Trek references. More than a little fitting that an opinion about allegedly illegal porn downloads would focus on the pop culture universe most closely associated with 40-year-old virgins.
It’s not the cohesive, brilliant opinion about strip clubs that we recently got out of Judge Fred Biery. Instead, the opinion draws wry smiles for laying out nothing but a string of references to Star Trek seemingly designed just to prove to his fellow nerds that the Judge knows Star Trek.
Which, in a sense, makes this opinion the most “Star Trek” thing ever…
Given the Government’s conduct in this case, the court orders the Government to show cause why it should not be sanctioned under this court’s inherent authority. It seems that sanctions may be needed to motivate VA in the future to treat its commitments and representations to this court and opposing counsel with the seriousness to which they are entitled.
We will be appealing this decision to the U.S. Supreme Court. If the Court takes the appeal, I will argue it personally as I have done in two previous cases over the past five months. In my last case, the Supreme Court accepted my argument and overruled the Ninth Circuit’s decision unanimously.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.