Skip to main content

Oh Hail It's Tuesday.


Hi online addicts!

Welcome to your work week, folks.

Well I hope you all had a restful and peaceful Memorial Day weekend, and at least paused for a moment to honor the many who have sacrificed so much in defense of our country.

Somehow I windsurfed myself all the way out to Elliott Key yesterday, so I apologize for not getting a post up to mark the holiday. And thank you US Coast Guard, I owe you one.

I see everyone is buzzing about Obama's Supreme Court pick. Is it just me or is there something slightly anti-climactic about the selection at this point in the game?

I happen to like the jurisprudence out of the 2d Circuit generally, at least on civil matters. They seem to understand antitrust law, business litigation, and damages issues. Lots of good lawyers litigating the nation's key business disputes in a fair-minded, intelligent forum.

Most of the criticism from the right so far has focused on Judge Sotomayor's PCA on a white firefighter discrimination case -- you can read Ed Whelan's gloom and doom report on the judge's transgressions here.

To me that's a big yawn -- we know appellate courts do this all the time to preclude further appeals when the issues are not properly framed or the case not the right vehicle to adjudicate certain open legal questions. If that's the best they have, she seems like a lock.

Speaking of appellate courts, I found this article pretty interesting:

A few years ago, a second-year law student at Georgetown unlocked the secret to predicting which side would win a case in the Supreme Court based on how the argument went. Her theory has been tested and endorsed by Chief Justice John G. Roberts Jr., and has been confirmed by elaborate studies from teams of professors.

“The bottom line, as simple as it sounds,” said the student, Sarah Levien Shullman, who is now a litigation associate at a law firm in Florida, “is that the party that gets the most questions is likely to lose.”

Chief Justice Roberts heard about Ms. Shullman’s study while he was a federal appeals court judge, and he decided to test its conclusion for himself. So he picked 14 cases each from the terms that started in October 1980 and October 2003, and he started counting.

“The most-asked-question ‘rule’ predicted the winner — or more accurately, the loser — in 24 of those 28 cases, an 86 percent prediction rate,” he told the Supreme Court Historical Society in 2004.

Judge Roberts had argued 39 cases in the Supreme Court, and he was considered one of the leading appellate advocates of his generation. He sounded both fascinated and a little deflated by the results of his experiment. “The secret to successful advocacy,” he said playfully, “is simply to get the court to ask your opponent more questions.”
This certainly comports with my anecdotal experiences with a "hot" bench. When you walk up to the podium and can barely get your name out before the questions begin, you stand a pretty good chance of losing.

Sarah, btw, is now an associate at SSD in Palm Beach.

Boy, to have your law review article quoted in the Times and by the Chief Justice -- congrats Sarah!

Of course, I thought my hot-button law review article -- analyzing the increasingly flustered and bewildered facial expressions of Harry Morgan's night court judge in Holiday Affair -- would be nearly as influential, but alas time (and Westlaw citations) have not been so kind.

Darn eggheads!

Comments

  1. Definitely agree on judicial questions.

    ReplyDelete
  2. She is a strong choice, centrist with a great personal background.

    ReplyDelete
  3. Whoa! You windsurfed out to Elliott Key? I'm impressed.

    ReplyDelete
  4. I believe one and all must glance at it.
    map of earth | male thongs | maps of the USA

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.