The United States can be a party’s best friend—or worst foe—when it enters an appeal as amicus curiae. This article provides attorneys with some practical guidance about interacting with the U.S. Department of Justice when it is engaged in the process of deciding whether to participate in an appeal and/or what position to advocate on […]
The United States as Amicus Curiae: Making Uncle Sam Your New Best Friend Read More »
LAW 360 PUBLISHED THE FOLLOWING OP-ED ON MAY 20, 2020 UNDER THE TITLE “FLYNN JUDGE SHOULD NOT CHANGE ROLE OF AMICUS CURIAE,” AND IS POSTED HERE WITH PERMISSION Law360 (May 20, 2020, 5:50 PM EDT) — As I wrote last week [Law360, May 15, 2020], U.S. District Judge Emmet G. Sullivan’s May 13 appointment of
Flynn Case “Friend” Cannot Act As 11th-Hour Prosecutorial Intermeddler Read More »
Law 360 published the following Expert Analysis on May 15, 2020 under the title “With Friends Like These: The Amicus Questions In Flynn Case,” and is posted here with permission. Law360 (May 15, 2020, 6:36 PM EDT) — Most Law360 readers are familiar with amicus curiae, or “friend of the court,” briefs, especially at the
The Flynn Case Doesn’t Need “Friends” Like These Read More »
DRI-The Voice of the Defense Bar, published this article under the title “Email Do’s & Don’ts for Lawyers” in the April 29, 2020 edition of The Voice newsletter. Now that most of us are working from home, communicating effectively via email with clients, colleagues, and other attorneys has become more important than ever. When my former law firm
Email Do’s & Don’ts for Lawyers Read More »
My op-ed on the joy of handling appellate work on a set-fee basis, reproduced below and downloadable above, was published by Law360 on November 4, 2019. It was Law360’s most-viewed Expert Analysis during that week. The op-ed was republished in the February 2020 edition of DRI’s For The Defense magazine. Have you discovered the joy of
Flat-Fee Legal Billing Can Liberate Attorneys Read More »
It has been my privilege to advise and represent the Creosote Council since its founding almost 35 years ago. This month, Dave Webb, who is the Creosote Council’s Administrative Director, and I have published a peer-reviewed, open-access article, Scope and Application of the FIFRA Treated Articles Exemption, in the Journal of Transportation Technologies. Our article
EPA Regulation of Wood Preservatives Has Its Limits Read More »
Late last term, the U.S. Supreme Court issued several decisions that reveal, in a variety of contexts, the justices’ current thinking on the role and application of stare decisis. My new Legal Backgrounder for the Washington Legal Foundation, The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, discusses
Starry, Starry Fight? Justices Debate “Stare Decisis” Read More »
Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical
Make Amicus Briefs Part of Your Advocacy Program Read More »
The Supreme Court’s recent decision in Virginia Uranium, Inc. v. Warren, No. 16-1275 (June 17, 2019), reveals the Justices’ sharply differing views on the role that legislative intent should play in cases involving implied preemption of state law — more specifically, (i) state legislative intent where the issue is whether a state statute is barred under
Virginia Uranium Reveals Fissures in Supreme Court Implied Preemption Jurisprudence Read More »
Note: A version of this March 2019 blog was published by DRI-The Voice of the Defense Bar in For The Defense (June 2019) under the title “Newest Justices Dueling Opinions Sparkle.” The Supreme Court’s two newest members—Justices Brett Kavanaugh and Neil Gorsuch—are brilliant legal writers. Their first Supreme Court opinions reflected the superb drafting skills
Newest Justices’ Dueling Opinions Sparkle Read More »
