Sunday, March 1, 2015
"Argument preview: Now, the third leg of the health-care stool." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 10:55 PM by Howard Bashman
"State's same-sex marriage dispute now a clash of courts, experts say": Today's edition of The Arkansas Democrat-Gazette contains a front page article that begins, "As a federal judge considers whether to lift a stay on her ruling outlawing Arkansas' bans on same-sex marriage, creating the potential for a second round of same-sex marriages until the issue is decided nationally, the Arkansas Supreme Court still hasn't ruled on an appeal of a similar state-court ruling."
Posted at 08:36 PM by Howard Bashman
"As Supreme Court Weighs Subsidies, Health-Law Opponents Face Hurdle; States backing Affordable Care Act and some legal scholars say principle that justices embraced in 2012 undermines case against insurance tax credits": Brent Kendall and Jess Bravin will have this article in Monday's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
The Charlotte Observer reports that "Fate of 500,000 in NC hangs on ACA court case; U.S. Supreme Court to hear challenge to federal health insurance exchange."
In Monday's edition of The Washington Post, Republican U.S. Senators Orrin Hatch, Lamar Alexander, and John Barrasso will have an op-ed titled "We have a plan for fixing health care."
And Monday's edition of USA Today will contain an editorial titled "If Obamacare plaintiffs win, millions lose." In addition, presenting a contrary view, Sam Kazman will have an op-ed titled "Obamacare rule harms millions."
"Why six words might hold the fate of Obamacare before the Supreme Court": This article will appear in Monday's edition of The Washington Post.
And today's edition of The New York Times contains an item headlined "How an Adverse Supreme Court Ruling Would Send Obamacare Into a Tailspin."
"Are the Justices 'Perfectly Entitled' to Discuss Wisdom of Law 'In Lectures' and 'Law Review Articles'?" Josh Blackman has this post today at his blog.
Posted at 07:30 PM by Howard Bashman
"Hard Cases": Jeffrey Toobin will have this Comment in the Talk of the Town section of the March 9, 2015 issue of The New Yorker.
Posted at 07:18 PM by Howard Bashman
"Major Supreme Court challenge threatens to gut Obamacare": Warren Richey of The Christian Science Monitor has this report.
And Chris Casteel of The Oklahoman has an article headlined "Health insurance for nearly 100,000 Oklahomans hinges on Supreme Court case."
"Health insurance uncertainty ahead for those with ACA plans": Holly Fletcher of The Tennessean has this report.
Posted at 03:44 PM by Howard Bashman
"Is Supreme Court's chief justice ready to take down ObamaCare?" The Hill has this report today.
Posted at 02:48 PM by Howard Bashman
"Supreme Court ruling could affect congressional districts in California": David G. Savage of The Los Angeles Times has this report.
The Arizona Republic has articles headlined "Arizona's U.S. House districts could be tossed in Supreme Court case" and "Supreme expense account: Travel tab is on taxpayers."
And Lyle Denniston of "SCOTUSblog" has a post titled "Argument preview: Who, exactly, is 'the legislature'?"
"Play Depicts Scalia As Supreme Court's 'Originalist'": This audio segment appeared on today's broadcast of NPR's "Weekend Edition Sunday."
Posted at 01:14 PM by Howard Bashman
"The Notorious Ruth Bader Ginsburg Brings Harsh SCOTUS Zingers to SNL": Andrew Kirell of Mediaite has this report.
Posted at 08:54 AM by Howard Bashman
"In Affordable Care Act case, context is key": Columnist Ruth Marcus has this essay online at The Washington Post.
Posted at 08:44 AM by Howard Bashman
"High court case threatens independent electoral map drawers": Mark Sherman of The Associated Press has this report.
And at Politico.com, Todd S. Purdum has an article headlined "California's redistricting success in jeopardy? A Supreme Court case challenges independent panels that set legislative boundaries."
Saturday, February 28, 2015
"Two reading lessons from the Supreme Court": Columnist George F. Will has this essay online at The Washington Post.
Posted at 10:52 PM by Howard Bashman
"Got a robe? Minnesota Supreme Court applicants sought." The Pioneer Press of St. Paul, Minnesota has this report.
Posted at 10:48 PM by Howard Bashman
"Before Justices Rule, Floridians Consider Life Without Health Subsidies": This article will appear in Sunday's edition of The New York Times. In addition, the newspaper will contain an editorial titled "The Phony Legal Attack on Health Care."
And The Washington Post reports that "At least 6 Republican states revisit their stance of resisting Obamacare."
"Menendez aides attempt to avoid testifying in grand jury probe of senator, report says": NJ.com has this report on a non-precedential opinion that the U.S. Court of Appeals for the Third Circuit issued yesterday.
The New Jersey Law Journal reports in great detail on the ruling in an article headlined "Court Orders Hearing on Whether Menendez Aides Must Testify." You can freely access the full text of this article via Google News.
The non-precedential opinion, bearing the legend "Under Seal," appeared online available for public download for a short time yesterday at the Third Circuit's web site before the court removed it.
"Netflix Beats Antitrust Class Action at Appeals Court; No support for subscriber injuries from a Netflix-Walmart pact means the lawsuit falls like a collapsing house of cards": Eriq Gardner had this post yesterday at the "Hollywood, Esq." blog of The Hollywood Reporter.
Richard Lawler of Engadget has a post titled "Walmart vs. Netflix DVD battle snags $12 each for 1.2 million people."
And Courthouse News Service reports that "Walmart Settlement on Netflix Antitrust Upheld."
"Appeals court denies latest Tsarnaev request to move trial": Milton J. Valencia and Jeremy C. Fox have this article in today's edition of The Boston Globe.
The Boston Herald has an article headlined "Tsarnaev trial stays in Boston; Court: Media attention won't affect fairness."
The Associated Press reports that "Marathon bombing trial stays in Boston, federal panel says."
Reuters reports that "U.S. appeals court says Boston bomber trial can stay in city."
And Bloomberg News reports that "Boston Bombing Suspect Loses Bid to Move March Trial."
"The Letter of the Law: Two perspectives on the Supreme Court case that could bring the Affordable Care Act to its knees." You can access today's new installment of Slate's "Amicus" podcast featuring Dahlia Lithwick via this link.
Posted at 03:36 PM by Howard Bashman
"Mid-air irony: 9/11 victim's son aids stricken attorney of attack's alleged planner." Earlier this week, Carol Rosenberg had an article that begins, "When an attorney for the alleged mastermind of the Sept. 11, 2001, attacks suddenly collapsed on a recent war court airplane shuttle, only one passenger was equipped to offer emergency care -- a young man whose father was killed at the World Trade Center on 9/11. He turned first responder without hesitation."
And yesterday, Rosenberg had an article headlined "Pentagon scraps judges' Guantanamo move order; 9/11 case unfrozen."
"Argument preview: The Confrontation Clause, once more." Lyle Denniston has this post today at "SCOTUSblog."
Posted at 03:18 PM by Howard Bashman
"Adoption by same-sex parent recognized by Alabama appeals court after decision reversal": Kent Faulk of The Birmingham News has this report.
And Reuters reports that "Adoption by same-sex parent recognized by Alabama appeals court."
"Fisherman's high court win spurs call for legal reform": Sam Hananel of The Associated Press has this report.
Posted at 02:58 PM by Howard Bashman
"Sentence reduced for 2 Supreme Court demonstrators": The Associated Press has a report that begins, "Two protesters who pleaded guilty to demonstrating inside the Supreme Court have had their sentences reduced from five days in jail to one."
Posted at 02:55 PM by Howard Bashman
Friday, February 27, 2015
"No action from feds as immigration case timeline slips": Josh Gerstein and Edward-Isaac Dovere of Politico.com has this blog post.
Posted at 09:56 PM by Howard Bashman
"What's in a name? A lot, the Supreme Court says." Al Kamen's "In the Loop" blog at The Washington Post has this post today.
Posted at 08:50 PM by Howard Bashman
"High Court's History With Rough Amici Could Save Foley Atty": Andrew Strickler of Law360.com had this report (subscription required for full access) yesterday evening.
Posted at 08:40 PM by Howard Bashman
"The Jurisprudence of Justice Antonin Scalia: A Response to Professor Bruce Allen Murphy and Professor Justin Driver." Law professor Steven G. Calabresi and Justin R. Braga have posted this lengthy book review online at SSRN (via this post at "Josh Blackman's Blog," which collects many noteworthy excerpts).
Posted at 05:36 PM by Howard Bashman
"Federal Judge Mark Fuller awaiting recommendation on whether he should keep job": Kent Faulk of The Birmingham News has an article that begins, "U.S. District Court Judge Mark Fuller is waiting to hear whether a special judicial committee will recommend he keep or lose his job after a recent three-day hearing in which witnesses testified about allegations Fuller beat his wife last August, his attorney said Thursday."
Posted at 05:03 PM by Howard Bashman
"Gay marriage proponents claim 'right side of history'": Richard Wolf of USA Today has this report.
Posted at 04:02 PM by Howard Bashman
"Constitution Check: Does anybody in Washington have a duty to save Obamacare?" Lyle Denniston had this post yesterday at the "Constitution Daily" blog of the National Constitution Center.
Posted at 02:01 PM by Howard Bashman
"Obamacare threatens to end John Roberts's dream of a nonpartisan Supreme Court": Robert Barnes will have this news analysis in Sunday's edition of The Washington Post.
Posted at 01:56 PM by Howard Bashman
"James Blumstein on the Administration, the IRS and the ACA: Will the courts rein in the president's pen?" This guest post appears today at "The Volokh Conspiracy."
Posted at 01:47 PM by Howard Bashman
The audio from this week's U.S. Supreme Court oral arguments is now available online: You can access it via this link.
Posted at 01:46 PM by Howard Bashman
"'I have my own theory about who killed my son.' Father of Harvard-educated professor shot in the head in his own garage by mystery gunman finally speaks out." The Daily Mail (UK) has this report today.
Posted at 12:51 PM by Howard Bashman
"King v. Burwell: U.S. Supreme Court Preview of the Next Challenge to the Affordable Care Act." The Federalist Society hosted this event (YouTube video link) yesterday.
Posted at 12:23 PM by Howard Bashman
"Supreme Court of Texas holds court at UT Tyler, visits students": Today's edition of The Tyler Morning Telegraph contains an article that begins, "The Supreme Court of Texas, the highest court in the state, heard oral arguments at The University of Texas at Tyler's University Center on Thursday morning, then toned down the formalities by eating with the high school and college students attending."
Posted at 08:26 AM by Howard Bashman
"Ohio Supreme Court chief justice lays out plan to bolster judicial elections": The Cleveland Plain Dealer has this report.
Posted at 08:20 AM by Howard Bashman
"Kate Shaw Joins ABC News Covering Supreme Court, Legal Issues On Hill": Deadline.com has this report.
Posted at 08:15 AM by Howard Bashman
"Their reasons differ, but 3 Mississippi justices object to delaying same-sex divorce ruling": The Associated Press has this report on an order that the Supreme Court of Mississippi issued yesterday.
Posted at 08:14 AM by Howard Bashman
"New charges for group that disrupted Supreme Court with Citizens United protest": The Associated Press has this report.
Posted at 08:04 AM by Howard Bashman
"Tsarnaev friend could be freed under Supreme Court ruling": Milton J. Valencia and John R. Ellement of The Boston Globe have this report.
Posted at 08:02 AM by Howard Bashman
"Supreme Court chief justice likely to back healthcare law": Brianne J. Gorod has this op-ed in today's edition of The Los Angeles Times.
Posted at 08:00 AM by Howard Bashman
"Supreme Court to decide who can draw maps for Congress": Richard Wolf of USA Today has this report.
Posted at 07:56 AM by Howard Bashman
Thursday, February 26, 2015
"Courtney Love Fails to Get an Appeals Court to Dispense Defamation Lawsuit; The singer/actress is neither Marlon Brando nor a free speech crusader": Eriq Gardner has this post at the "Hollywood, Esq." blog of The Hollywood Reporter.
"'Sniper' Case Is Headed to Appeal, Lawyers Say": Manny Fernandez will have this article in Friday's edition of The New York Times.
Posted at 11:10 PM by Howard Bashman
"New Eleventh Circuit Judges Get Official Welcome": Alyson Palmer of The Fulton County Daily Report has this article.
"A Litmus Test for ObamaCare and the Rule of Law: The president has ignored the law's plain language; Now the Supreme Court decides if that's all right." Ilya Shapiro and Josh Blackman will have this op-ed in Friday's edition of The Wall Street Journal.
"Justices on the stage: Why Americans are increasingly fascinated by their highest court." David Rennie has this essay in the February 28, 2015 issue of The Economist magazine.
Posted at 09:14 PM by Howard Bashman
"Can life in prison be worse than death? Some Tsarnaev jurors think so." Masha Gessen of The Washington Post has this report.
Posted at 08:55 PM by Howard Bashman
"2nd Circuit was right to curtail insider trading cases: profs' amicus brief." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
One of the amicus briefs to which Frankel's article links discloses that Reed Smith practices law at Cooley LLP. And, demonstrating that turnabout is fair play, a Google search discloses that Cooley practices law at Reed Smith LLP.
"Can Tom Wolf really kill the death penalty?" Philadelphia Weekly has this report.
Posted at 08:40 PM by Howard Bashman
"Book review: Law professor, feminist, and jurist extraordinaire." Today at "SCOTUSblog," Barbara Babcock has this review of the new book "The Legacy of Ruth Bader Ginsburg."
And yesterday at "Hamilton & Griffin on Rights," Scott Dodson had a post titled "Why I Edited This Book: Scott Dodson, The Legacy of Ruth Bader Ginsburg."
"Supreme Court Justice Talks Constitution, Structure Of Government During Fort Smith Visit": The Times Record of Fort Smith, Arkansas has this news update.
Posted at 08:21 PM by Howard Bashman
The Missouri Law Review symposium issue celebrating the late Anthony Lewis and exploring the future of legal journalism is now available online: You can access the contents via this link.
The issue includes Adam Liptak's keynote address and articles written by, among others, Lincoln Caplan ("Anthony Lewis: What He Learned at Harvard Law School"); Lyle Denniston ("Anthony Lewis: Pioneer in the Court's Pressroom"); Linda Greenhouse ("The Rigorous Romantic: Anthony Lewis on the Supreme Court Beat"); Dahlia Lithwick ("Anthony Lewis"); Howard Mintz ("Legal Journalism Today: Change or Die"); Gene Policinski ("Setting the Docket: News Media Coverage of Our Courts -- Past, Present and an Uncertain Future"); David A. Sellers ("As Today's Tony Lewises Disappear, Courts Fill Void"); and former Missouri Chief Justice Michael A. Wolff ("Making Judge-Speak Clear Amidst the Babel of Lawspeakers").
"Roberts at 10: Turning Back the Clock on Protections for Racial Equality." David H. Gans has this issue brief online at the Constitutional Accountability Center.
Posted at 06:17 PM by Howard Bashman
"Supreme Court protesters say no plans to disrupt Obamacare case": Lawrence Hurley of Reuters has this report.
Posted at 06:09 PM by Howard Bashman
"If Supreme Court says no, they'd lose health insurance help": The Associated Press has this report.
Posted at 01:50 PM by Howard Bashman
"Federal appeals court orders Alan Newton be paid $18.5 million for wrongful rape conviction": The New York Daily News has this report.
And Jonathan Stempel of Reuters reports that "U.S. court restores $18 million award to man freed in NYC rape case."
"Cop who spoke out against arrest quotas can sue NYPD: court." The New York Post has this news update.
The New York Daily News has an article headlined "NYPD cop who blew whistle on quota system can pursue suit against city: Federal Appeals court."
And The Associated Press reports that "NYC police officer's lawsuit over arrest quotas gets revived."
"S.C. Supreme Court freezes James Brown estate case": This front page article appears in today's edition of the Aiken Standard.
Posted at 01:33 PM by Howard Bashman
"South Carolina court orders J&J to pay $136 mln in Risperdal case": Reuters has this report on a ruling that the Supreme Court of South Carolina issued yesterday.
Posted at 01:32 PM by Howard Bashman
"The Alternative Reality of King v. Burwell": Rob Weiner had this post yesterday at "ACSBlog."
Posted at 01:25 PM by Howard Bashman
"How a federal judge pushed Big Tobacco into $100 mln deal with smokers": Alison Frankel's "On the Case" from Thomson Reuters News & Insight yesterday had a report that begins, "In July 2013, a federal appeals court overseeing thousands of individual smokers' suits against Philip Morris USA, R.J. Reynolds and Lorillard threw up its hands in defeat."
Posted at 01:22 PM by Howard Bashman
"US Supreme Court says NC dental board can't regulate teeth whitening": The News & Observer of Raleigh, North Carolina has this report.
In today's edition of The New York Times, Adam Liptak reports that "Justices Find Antitrust Law Valid Against Dental Board." In addition, Vikas Bajaj has a "Taking Note" essay titled "A Plot to Keep Teeth Whitening Expensive."
David G. Savage of The Los Angeles Times reports that "Supreme Court restricts state license schemes that limit competition."
Richard Wolf of USA Today has an article headlined "Justices: Dentists can't decide who whitens your teeth."
Brent Kendall of The Wall Street Journal has an article headlined "Supreme Court Affirms FTC Antitrust Authority Over Licensing Boards; Decision protects power of regulators to scrutinize such professional panels." You can freely access the full text of the article via Google.
Michael Doyle of McClatchy Washington Bureau has a blog post titled "Supreme Court says 'open wide' to North Carolina teeth-whitening business."
Greg Stohr of Bloomberg News reports that "Professional Boards Opened to New Scrutiny by Top U.S. Court."
Lawrence Hurley of Reuters reports that "U.S. top court says state dental board can't regulate teeth whitening."
And Nina Totenberg of NPR has a blog post titled "Dentists Have No Right To Limit Who Can Whiten Your Teeth, Justices Say."
"Poster Child: How Terrance Williams became the face of the death penalty debate in Pennsylvania." Andrew Cohen has this essay online today at The Marshall Project.
Posted at 08:06 AM by Howard Bashman
"Future of 'mental anguish' law at stake in federal court": The Associated Press has a report that begins, "Mumia Abu-Jamal, who's serving a life term for the 1981 murder of a Philadelphia police officer, is among the plaintiffs asking a federal judge to block a Pennsylvania law they say violates prisoners' free-speech rights."
Posted at 08:02 AM by Howard Bashman
"Obamacare defense is tailored for key Supreme Court justices": David G. Savage has this article in today's edition of The Los Angeles Times.
And David Nather and Jennifer Haberkorn of Politico.com report that "Supreme Court ruling could upturn Obamacare politics."
Wednesday, February 25, 2015
"Does a website for models have a duty to warn users about rapists? Facebook, Craigslist, eBay fear a chilling effect on Web operators." David Kravets of Ars Technica has this report today.
"How the Supreme Court Could Save Obamacare Again": Law professor Noah Feldman has this essay online today at Bloomberg View, along with a related essay titled "How Dr. Seuss Could Save Obamacare."
Posted at 09:20 PM by Howard Bashman
"More on the Howard Shipley matter": John Steele has this post today at his blog, "Legal Ethics Forum."
Posted at 12:56 PM by Howard Bashman
"Justices appear to favor Muslim denied job over headscarf": Mark Sherman of The Associated Press has this report.
Posted at 12:50 PM by Howard Bashman
"BP appeals U.S. judge's ruling on size of Gulf oil spill": Reuters has a report that begins, "BP Plc on Monday appealed a federal judge's finding of the size of the 2010 Gulf of Mexico oil spill, which leaves the company potentially liable to pay $13.7 billion in fines."
Posted at 10:32 AM by Howard Bashman
"Federal judge indicates he intends to allow eight released from prison in Amish beard-cutting case to remain free": The Cleveland Plain Dealer has this report.
Posted at 10:30 AM by Howard Bashman
Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.
1, Justice Ruth Bader Ginsburg announced the judgment of the Court and delivered an opinion, in which Chief Justice John G. Roberts, Jr. and Justices Stephen G. Breyer and Sonia Sotomayor joined, in Yates v. United States, No 13-7451. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Elena Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. You can access the oral argument via this link.
2. And Justice Kennedy delivered the opinion of the Court in North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534. Justice Alito issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument via this link.
In early news coverage, The Associated Press has reports headlined "Justices: Fisherman is off the hook in grouper-tossing case" and "Supreme Court drills dentists in teeth-bleaching dispute."
"The latest Obamacare challenge: What you need to know." Ariane de Vogue of CNN.com has this report.
Posted at 08:47 AM by Howard Bashman
"U.S. Supreme Court decides water dispute": This front page article appears in today's edition of The Lincoln Journal Star.
The Omaha World-Herald reports that "Nebraska should pay Kansas $5.5M over river dispute, Supreme Court says."
And at Forbes.com, Daniel Fisher has a post titled "Thomas, Scalia Use Obscure Water Battle To Tweak The Majority."
"High Court Appears Ready to Allow Felon to Sell Gun Collection; Decision in the case, Henderson v. U.S., is expected before July": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
Lawrence Hurley of Reuters reports that "Gun ownership rights appear to be moving target for U.S. justices."
Sam Hananel of The Associated Press reports "High court weighs right of convicted felon to sell guns."
And Stephanie Condon of CBSNews.com has a report headlined "The 25-year-olds shaping the Supreme Court docket."
"Supreme Court Receptive to Investors in 401(k) Case; Justices suggest appeals court was wrong in Edison suit": Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.
David G. Savage of The Los Angeles Times reports that "Supreme Court poised to protect employees from high fees in 401(k) plans."
Lawrence Hurley of Reuters reports that "U.S. justices signal support for plaintiffs in Edison 401(k) case."
Greg Stohr of Bloomberg News reports that "U.S. High Court Hints at New Monitoring Rules for 401(k) Plans."
And Mark Sherman of The Associated Press reports that "Justices signal support for investors in 401(k) lawsuits."
"'Torture Report' Reshapes Conversation In Guantanamo Courtroom": This audio segment appeared on today's broadcast of NPR's "Morning Edition."
Posted at 08:17 AM by Howard Bashman
"Supreme Court to hear case of woman who wasn't hired because of head scarf": Robert Barnes has this article in today's edition of The Washington Post.
Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court to hear Abercrombie headscarf case: What's at stake?"
The Guardian (UK) reports that "US supreme court hears Abercrombie & Fitch religious discrimination case."
Mark Sherman of The Associated Press reports that "Justices weigh case of Muslim denied job over headscarf."
Ariane de Vogue of CNN.com reports that "Supreme Court to hear religious freedom case."
Paul Barrett of Bloomberg News reports that "This Supreme Court Case Unites Religions Against Abercrombie & Fitch; The retailer faces a religious-bias challenge for rejecting an applicant who wore a hijab."
And at FiveThirtyEight, Oliver Roeder has a report headlined "Previewing The Supreme Court's Abercrombie & Fitch Case."
Tuesday, February 24, 2015
Ninth Circuit opts for more Model Mayhem: Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit granted panel rehearing in the case captioned Jane Doe No. 14 v. Internet Brands, Inc. dba Modelmayhem.com. You can access today's order at this link.
In coverage of today's order, Scott Graham of The Recorder reports that "Ninth Circuit Agrees to Revisit Ruling in Model Rape Case." You can freely access the full text of the article via Google.
Writing at the "Technology & Marketing Law Blog," Venkat Balasubramani discussed the Ninth Circuit's original ruling in a post titled "9th Circuit Creates Problematic 'Failure To Warn' Exception to Section 230 Immunity -- Doe 14 v. Internet Brands."
"Homeless man wins legal victory in Henrico panhandling case": The Richmond Times-Dispatch has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 11:09 PM by Howard Bashman
"Practice Points: Dr. Schindler's 'Absolut Schrecklich' Supreme Court Petition Snares Howard Shipley, Or, Learned German Does Not Make Legal English." James Ching has this interesting essay online at law.com.
Unaddressed are two major issues. First, was it a violation of professional principles to allow Schindler to write briefs so bad that they would prejudice his case? Schindler obviously had no idea that his briefs were utterly terrible, and as Schindler's lawyer, Shipley had the duty to counsel him they were, mildly-put, inadvisable. Shipley had two previews of this bad writing in the Circuit and his explanation that the Circuit did not take offense simply does the answer the direct question of Shipley's own professional responsibility to his client.And at the blog "Legal Ethics Forum," John Steele recently had a post titled "Foley partner files response to SCOTUS regarding unorthodox amicus brief." Although Steele can be faulted for thinking that this matter involved the filing of an amicus brief, his post has attracted some interesting comments. In particular, Neal Goldfarb (author of the "LAWnLinguistics" blog) has a very interesting comment.
Posted at 11:00 PM by Howard Bashman