The Constitution, though it has an effect superior to other laws, is in its nature the sort of “law” that is the business of the courts…
Being a judge is not a pre-req
May 28, 2010 by
Scalia thinks it’s a good thing that Kagan is not a judge. “When I first came to the Supreme Court [in 1986], three of my colleagues had never been a federal judge,” Scalia said. “William Rehnquist came to the bench from the Office of Legal Counsel. Byron White was deputy attorney general. And Lewis Powell […]
Practice leads to persuasion, says Scalia
April 20, 2010 by
The most important question on any attorney’s mind, especially when going before a judge or panel of judges is: how do I persuade the judge to my view? Answer? Preparation and practice. Or at least that the opinion of Justice Antonin Scalia, associate justice on the US Supreme Court, and Bryan Garner, president of LawProse, […]
Kabuki or dissent?
February 1, 2010 by
New York Times writer Linda Greenhouse has an interesting analysis of Justice Scalia’s criticism of Chief Justice Robert’s opinion in Citizens United. In the campaign finance case, he accused Chief Justice John G. Roberts Jr. of “faux judicial modesty” for writing an opinion that in Justice Scalia’s view effectively overturned the court’s 2003 campaign finance decision […]
Orthogonal: or “SCOTUS learns a new word.”
January 19, 2010 by
Orthogonal. As in: Professor Richard Friedman’s direction became orthogonal during his oral arguments before the Supreme Court last week. The newest word to enter the Supreme Court lexicon made its appearance when the before mentioned professor stated: “I think that issue is entirely orthogonal to the issue here.” If you think a sesquipedalian is going […]
The good, the bad, and the fired: something of a weekly round-up of law industry news
January 8, 2010 by
2009 the worst year for layoffs First “the fired:” last year, according to LawShucks, over 12,000 people in the legal services industry were laid off, which includes over four thousand lawyers. This year’s story was largely written by the end of March, when 73% of the year’s total layoffs had happened, as we noted in […]
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