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The curious case of Chief Justice John Roberts
Chief Justice John Roberts’s influence on the United Supreme Court’s jurisprudence has been substantial. Importantly, however, Chief Justice Roberts’s judicial philosophy and approach to constitutional interpretation have raised more questions than answers.
By way of background, when former President George W. Bush nominated John Roberts to the Supreme Court, most commentators speculated that Roberts would be a reliably conservative justice and embrace an originalist approach to constitutional interpretation. Indeed, during his confirmation hearings, Roberts emphasized the limited role of the judiciary, analogized judges to “umpires,” and rejected any suggestion that judges decide cases based on policy predilections. As Roberts stated…
Appellate Review of Video Evidence
This is a post by the Hon. Pierre H. Bergeron, a judge on the Ohio First District Court of Appeals. Judge Bergeron will be joining us as a regular blogger. We live in an era of instant replay. Every sports……
Appellate Advocacy Blog Weekly Roundup Saturday, August 1, 2020
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……
Developments in the Law School Advocacy Community
This has, out of necessity, been a busy summer for the law school advocacy community. Some exciting and important developments this week: Guidance for Conducting Moot Court Competitions in 2020–21: Throughout this summer, a group of advocacy professors and coaches……
Manageability Is For Suckers
Much of the initial commentary on the Supreme Court’s fractured opinion in June Medical Services v. Russo focuses on the future of abortion rights, delving into the analytical choices made by Justices Breyer, Roberts, and Alito. But one overlooked theme……
Using Peer Review for LRW Teaching and in Appellate Practice Too: Peerceptiv and Eli Review
Tired of seeing yet another post on how to ______ [fill in the blank: teach, write, argue, live] in our new virtual reality? Exhausted from never leaving your home and Zooming all day? Me too. In fact, I was reluctant……
AAAL Best Practices for Remote Oral Argument
This week, the American Academy of Appellate Lawyers issued a thoughtful set of best-practice recommendations for courts hearing remote oral argument. As this press release explains, the recommendations are the work of a task force of AAAL fellows with experience……
Appellate Advocacy Blog Weekly Roundup Saturday, July 18, 2020
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……
We’re All Textualists Now
In a 2015 Justice Elena Kagan quipped that, when it comes to statutory interpretation, “we’re all textualists now.” She noted that, when she was in law school, statutory interpretation was not taught, and that judges were often left to make……
Call for Chapters–Law Teaching Strategies for a New Era: Beyond the Physical Classroom
For those of you who teach. As you prepare to teach your classes through new modalities, consider submitting a chapter proposal for a book to be published by Carolina Academic Press—Law Teaching Strategies for a New Era: Beyond the Physical……
Guest Post–Caution Ahead: Breakout Groups Can Fail
We are thrilled to welcome Professor Susan Smith Bakhshian of Loyola Law School Los Angeles as our guest author. Susan has taught LRW and doctrinal law for many years at Loyola, where she is a Clinical Professor of Law and……
Appellate Advocacy Blog Weekly Roundup July 10, 2020
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……
The National Association of Legal Advocacy Educators
For the past couple of years, members of the law school advocacy community have worked to create an organization that represents the interests of legal advocacy educators. It’s almost here. We have a name: the National Association of Legal Advocacy……
Briefing Beyond Words – by Mark Trachtenberg
Today we have a guest post by Mark Trachtenberg. Mark is a partner with Haynes and Boone, LLP in Houston, Texas. He is board certified in civil appellate law by the Texas Board of Legal Specialization. You can learn more……
Another Great Statutory Interpretation Case out of Washington State
Almost three years ago, I posted about a statutory interpretation case out of the Washington Supreme Court that addressed the thorny question of whether a riding lawn mower is a vehicle. It seems that Washington State is at it again……