Bad Law Book Titles #1
Quit kidding around, whoever hasn't been taking this seriously. It's not me — I just checked, and I've used that phrase exactly once, back when Robert Blake was in jail on suspicion of killing his wife, and he was recorded…
Legal Writing
Plaintiff Compares Former Boss to Sauron, Self to Baggins
Analogies are tricky in legal writing, mainly because of the risk you may stretch one too far and lose credibility. This one might have been a bit overstretched. According to the Telegraph, which reported the story in November 2010 and…
Fifth Circuit Smacks Down Disgruntled-Cheerleader-Mom Lawsuit
“It is a petty squabble, masquerading as a civil rights matter, that has no place in federal court or any other court.”
Richard Dreyfuss Does a Dramatic Reading of the iTunes License Agreement
In connection with a podcast on the subject of why end-user license agreements for software are so full of legalese, CNET asked Oscar-winning actor Richard Dreyfuss to do a dramatic reading of the iTunes EULA, which he did. They've posted four…
A New Contender for Worst Legal Brief
In considering whether something could be the "worst legal brief" ever filed, we have to recognize that there are different kinds of badness. Many briefs are filed every year by people who are, evidently, insane. If it is fair to…
Judge Rules Pizza Slice Is a “Solid Object”
A Pennsylvania statute provides: Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, from an overpass or any other location adjacent to or on a roadway, onto or toward said roadway shall be guilty of a…
Another Defect in Virginia’s Reckless-Driving Statutes
Apparently you can be convicted of reckless driving in Virginia even if you weren't driving. As I wrote the other day, a Virginia man was acquitted of reckless driving recently after his attorney noticed that there was an "at" missing…
Reckless-Driving Acquittal Again Shows Proofreading Is Not Just for Dorks
It is for dorks, but it’s not *just* for dorks.
NYT: Supreme Court Using More Words, and Making Less Sense, Than Ever
Last week, the New York Times reported that the median length of U.S. Supreme Court majority opinions has more than doubled since 1953, and during the 2009 term that number reached an all-time high of 4,751 words. Adam Liptak wrote that…
PRACTICE TIP: Referring to Judges on Your Panel as “Ass Clowns” Does Not Maximize Chance of Success
I believe I've pointed out before that insulting a judge hearing your case is usually not good strategy, but maybe it is time for a refresher. This case has a long and tortured history, but it looks like it began…