Monday, October 1, 2012

Dear Eleventh Circuit: Excuse Me?


Hey, somebody better take the 11th up to a higher authority, I don't like the tone in this reversal and remand too much:
Given the district court’s misunderstanding of the burdens in this case, and given that Chaban himself seems to have admitted at trial that Goldstein was entitled to some amount of credit for surrendering his interest in the Chalsi, we believe the best course is to remand for the district court to have an opportunity to reconsider its factual conclusions on this issue under the proper legal standards and then recalculate damages.
In other news, yes the "higher authority" is in session today and a new documentary out by the Alliance for Justice says they are literally open for business:
 “Today, as the Supreme Court begins a new term, the court will be ‘open for business,” said AFJ President Nan Aron.  “The term is already packed with cases with the potential to restrict corporate accountability and limit everyday Americans’ civil rights and access to justice  The Court’s decisions this term could have harmful consequences for the ability of consumers, victims of discrimination, and others to get a fair day in court. 
“But no one should be surprised,” Aron said.  “What we are likely to see in the term that begins today was decades in the making.”
In other words -- blame Nixon.


(More here on the "1% Court.")

41 comments:

  1. Dude - that is no way to treat Altonaga - maybe the authors are trying to prevent her appointment to the 11th Circuit - they probably view her as too liberal.

    ReplyDelete
  2. Blame Nixon? For what? Appointing three of the majority in Roe v Wade? (Burger, Blackmon, and Powell). If Nixon takes any blame, it must be shared with his one time nemesis who appointed Byron White, Rehnquist's fellow dissenter in Roe and a staunch opponent of substanitve due process (i.e., Bowers v. Hardwick). While I enjoy a throwback comment to the Nixon era and the intellectual left's habit of pinning the source of all evil on Alger Hiss' exposer, I think Aron's comment is more focused on The Federalist Society, which is to liberalism what the Council on Foreign Relations once was to the John Birch Society. I am now waxing nostalgic. Time to dust off an old photo of John Mitchell in my storage closet and hang it next to the one of Angie Dickinson circa 1965, a gal who never went out of style in my book.

    ReplyDelete
  3. I just listened to Alec Baldwin's interview of George Will on his excellent podcast, Here's The Thing, and Will tells of a funny exchange he had with William F. Buckley (Will worked as the DC editor of National Review during Watergate).

    Buckley asked Will if he thought Nixon was guilty, and Will quickly responded yes, and this proves that the system works. Buckley replied with his million dollar smile, yes I agree he's guilty but that's why the system does not work.

    In any event, STL, come on over and do a guest post!

    ReplyDelete
  4. This is a very cool blog. So much better than those trashy ones that just deal in rumors and trash people and is run by a big asshole.

    ReplyDelete
  5. Never seen that written about Altonaga before. Is there some backstory missing?

    ReplyDelete

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  8. Guest post? Intriguing but my interests have become increasingly of matters non legal such as sports history and media. I read this blog because I am jealous of SFL for putting together something so informative and entertaining.

    ReplyDelete
  9. I think that some of those judges on the 11th must have very small "members" - they seem to be consistently intimidated by strong female judges and lawyers.

    It is hard to match the nastiness with which they reverse female judges like Cooke and Altonaga.

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