Continuing last week’s post analyzing Justice Kagan’s writing techniques from Gundy v. United States that make her such an effective communicator. 7. Signal attention to prevent skipping: “Given that standard, a nondelegation inquiry always begins (and often almost ends) with…
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Who Is Liable in a Left-Turn Accident?
Making a left turn is a dangerous maneuver under any circumstance. A driver must use the utmost care when cutting across traffic traveling in the opposite direction to turn left. Choosing to turn at the wrong moment can cause a devastating car accident, such as a T-bone collision.
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What Is the Penalty for a First-Offense DUI in Arizona?
If a driver gets pulled over by law enforcement and shows signs of intoxication – either physical signs or the results of a breathalyzer test – he or she will be arrested for driving under the influence (DUI). The penalties for a DUI in Arizona are serious and include mandatory jail time.
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What Happens When a Car Accident Case Goes to Trial?
Although car accident trials are rare, they are sometimes necessary. If a car insurance company denies a claim or is refusing to offer a fair and reasonable settlement to a crash victim, the victim may have no choice but to file a lawsuit.
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Should You Call a Lawyer After a Motorcycle Accident?
Motorcycle accidents can be devastating for the rider and passengers, inflicting life-changing injuries in the blink of an eye. Whether or not you need to call a lawyer after getting into a motorcycle accident depends on your case. In general, you could benefit from speaking to an attorney if you sustained serious injuries, a loved one passed away in a motorcycle accident or if you simply have questions about your legal rights.
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Road Rash Injuries From Motorcycle Accidents
Motorcycle accidents are among the most physically traumatic types of motor vehicle collisions. Even with a helmet and protective gear, motorcyclists can suffer significant injuries. A common injury is road rash – skin and soft-tissue damage from contact or friction with the road.
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Camille Vasquez Is a Rockstar
Actor Johnny Depp is currently suing his ex-wife, actress Amber Heard, for defamation, and the trial is both entertaining and educational – particularly for law students and lawyers. The reason for that is Camille Vasquez, who graduated from the University…
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Do as I do: Tips on writing briefs … and opinions
Not too long ago I was driving in the car with both junior associates. I was talking to my spouse on the phone (safely via hands free), and in the course of the conversation I used the “s” word–“stupid.” An adorable little 4 year old voice called out from the back seat, “Mommy, we don’t say ‘stupid.'” To which I said, “you are right, I am so sorry.”
This little episode, which has sadly happened more than once, got me thinking about the advice that judges give attorneys. Judges are often very quick to give excellent advice to attorneys, but
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Fifth & Seventh Circuits Uphold Sanctions for Seasoned Attorneys, Rejecting Their Requests for Relief Based on Their Experience–Part Two
Last month, I noted two April 8, 2022 federal Court of Appeal decisions on attorney sanctions where the courts reminded us claims of experience are no excuse for improper behavior. I focused on the Fifth Circuit’s reminder: “When litigating in…
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Appellate Advocacy Blog Weekly Roundup Friday, May 20
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure…
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Writing like Justice Kagan, part I
Inspired by Ross Guberman, who has a long-running series like this, I am going to try my hand at highlighting some effective writing techniques that I noticed while reading Justice Kagan’s opinion in Gundy v. United States this term. 1.,…
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A plea for pro bono service
In terms of pro bono service, our profession has a long way to go.
Model Rule of Professional Conduct 6.1 makes clear that “[e]very lawyer has a professional responsibility to provide legal services to those unable to pay.” To that end, the Rule says that lawyers “should aspire to render at least fifty (50) hours of pro bono publico legal services per year.”
Let’s be honest, though: 50 hours is pretty paltry. If you take a two-week vacation, you can still satisfy Rule 6.1 with just one pro bono hour per week. Even for busy lawyers, that’s hardly “aspir[ational].” Yet
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Denying Unenumerated Rights
The leaked draft SCOTUS opinion overturning Roe v. Wade[1] shares a hostility to unenumerated rights similar in kind to what some Senators expressed during the confirmation hearing of soon-to-be Justice Ketanji Brown Jackson. Critics often say that unenumerated rights lack…
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Will Dobbs (and Janus) Overrule Stare Decisis?
Justice Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization has vast cultural implications for a country mired in starkly divisive political rhetoric. The leak of that opinion also undermines the Supreme Court’s institutional integrity at a time when…
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Roe v. Wade is Probably Going to the “Graveyard of the Forgotten Past”
Based on the stunning and unprecedented leak of Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, a slim majority of the Court may overturn Roe v. Wade and Planned Parenthood v. Casey and return the abortion issue…
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Why Does Justice Kagan’s Writing Work So Well?
Let’s break down a random snippet of Justice Kagan’s writing. She’s one of the best writers on any court–in large part because of how much effort she puts into every opinion. Anyone can learn a lot by reflecting on just…
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