For more than a year, Supreme Court Justices have been fiercely debating the proper role of stare decisis—adherence to precedent. They have engaged in this debate in cases that involved whether to overturn Supreme Court precedents on a variety of subjects. See Supreme Court Justices Continue To Debate When To Overturn “Bad” Precedent & Starry, […]
Will Stare Decisis Save a Woman’s Right To Abortion? Read More »
On June 25, 2020, during the Covid-19 pandemic, INBLF hosted an online webinar, Litigation In a Brave (Virtual) New World. My presentation, “The Virtual Appellate Advocate,” discussed how federal appellate courts and appellate advocates were coping with the pandemic. Watch my presentation here.
The Virtual Appellate Advocate Read More »
In an unequivocal ruling, the D.C. Circuit court of appeals on June 24 “order[ed] the district court to grant the government’s Rule 48(a) motion to dismiss the charges against [General Michael] Flynn.” Quoting D.C. Circuit precedent, the court’s 2 to 1 majority opinion explains that “decisions to dismiss pending criminal charges—no less than decisions to
D.C. Circuit’s Flynn Ruling Restores Sanity To the Role of Amicus Curiae Read More »
Larry Ebner, founder of Capital Appellate Advocacy PLLC interviews Nick Kosar, a marketing and web design consultant who specializes in helping attorneys and law firms get their message out using digital and social media, especially LinkedIn. Larry Ebner: Nick, you and I have been working together for more than a year to elevate my appellate
How Lawyers Can Use LinkedIn To Promote Their Practices Read More »
It’s no surprise that the U.S. Court of Appeals for the Ninth Circuit is anti-pesticide activists’ favorite appellate court. On June 3, for example, a three-judge Ninth Circuit panel issued an opinion that second-guesses—and vacates—U.S. EPA’s 2018 renewal of the conditional registrations for dicamba, a herbicide that farmers use to produce tens of millions of
9th Circuit Herbicide Decision Is Stuck In the Weeds Read More »
The U.S. Environmental Protection Agency (EPA) appears to be acting responsibly in connection with pesticidal products that falsely claim to kill or prevent the spread of coronavirus on inanimate surfaces such as countertops, bathroom fixtures, and door handles. EPA—which regulates the labeling, sale, and use of surface disinfectants— recently announced that it has been “receiving
EPA Issues COVID-19 Advisory About False & Misleading Disinfectant Claims Read More »
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 »
