May 1, 2015 / June 15, 2016 by mindgrub
So as I mentioned in a recent entry, we are switching blog servicers and you may have seen a few hiccups in the past few days. Hopefully things are on track now, but it’s a fine segue to our next subject matter, which is the last American Academy of Appellate Lawyer conference I attended in Santa Fe, with the central topic of -- technology.
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April 22, 2015 / June 15, 2016 by mindgrub
I have just returned from the latest conference of the American Academy of Appellate Lawyers, and will provide a full report anon. Info includes technology use, ethical issues for appellate practitioners, and lots of other tips. But first, ex-PA member, now First Circuit Judge Kayatta has struck again...
April 11, 2015 / June 15, 2016 by mindgrub
Here's a couple links to stories describing studies about decision fatigue: http://www.abajournal.com/news/article/a_judges_full_belly_is_good_news_for_criminals_study_finds/ http://www.cognitionandculture.net/home/blog/9-dan/790-what-the-judge-ate-for-breakfast The gist is, judges are more likely to be receptive to an argument early in the day or right after a food break. The theory is...
March 30, 2015 / June 15, 2016 by mindgrub
Continuing my summary of the presentations in the conference last week, we had another twinning of speeches, this time on the balance between security and civil liberty interests. First up on that subject was Robert Mueller, ex-head of the FBI. I unfortunately had to miss that one. The next speaker was Justice Breyer, who provided a succinct and very digestible summary of the big Supreme Court decisions in this area, from Lincoln's suspension of the writ of habeas corpus...
March 23, 2015 / June 15, 2016 by mindgrub
Last week I attended the First Circuit Judicial Conference, held in Boston this time around. These conferences are authorized by a statute enacted in 1911 and revised in 1948. The idea is for the bench and bar to get together and talk about concerns, ideas etc. The last one of these was held in in the First Circuit in 2010. There was a line up of heavy hitting speakers, like Justice Breyer, as well as attendees (e.g, Justice Souter). So here begins a full report...
March 11, 2015 / June 15, 2016 by mindgrub
Let's talk about a recent decision that seems simple enough on the surface but appears to raise some thorny procedural questions. Day v. Phippsburg, 2015 ME 13. The holding in this decision is straightforward enough - you can't unmerge previously grandfathered nonconforming lots once merged. We all are supposed to be getting rid of nonconformance, so if an ordinance is ambiguous, you adopt the interpretation against intensifying or perpetuating the nonconformance...
March 10, 2015 / June 15, 2016 by mindgrub
As a recent Cleaves email update indicates, MCLE New England has a new treatise out called A Practical Guide to Superior Court Practice in Maine. The treatise was edited by Justice Humphrey and BIll Robitzek, and it has a slew of contributors, including Justices Stokes, Warren and Wheeler...
March 3, 2015 / June 15, 2016 by mindgrub
In a previous blog, we noted that Lewiston firm Brann & Isaacson had a case before the Supreme Court this term regarding the scope of the Tax Injunction Act vis-à-vis state reporting requirements. (The Big Show) The Supremes have now spoken, and B&I prevailed. (Direct Marketing Assn. v. Brohl, No. 13-1032, March 3, 2015) The Court was unanimous, with two concurring opinions...
February 18, 2015 / June 15, 2016 by mindgrub
As most appellate folks know, the Supreme Court is vetting a proposed rule change to shorten briefs in the U.S. Court of Appeals. I blogged on this, opining that it was not a good idea (Keep it snappy! ). I also blogged on the Maine SJC's own recent shortening of briefs in its venue. (BIG FONT & fewer words)...
February 6, 2015 / June 15, 2016 by mindgrub
Perhaps a recent decision from the US Supreme Court as to when a party must file a cross-appeal has now shed some light on this issue. (Jennings v. Stephens, No. 13-7211 (Jan. 14, 2015)) I...
