One of the crazier things I do every year is read the full text of every opinion from the Rhode Island Supreme Court and the United States Supreme Court. It can take a while to get through them, particularly when…
Category: Appellate Litigation
RI Supreme Court ’18-’19 Term in Review – Who Wrote What, and How Criminal and Civil Litigants Fared
The Rhode Island Supreme Court is hard at work in term ’19-’20 with 30 opinions issued through January. With term ’18-’19 in the books, it’s a good time to review the types of cases the Supreme Court decided last term,…
There Is A Cancer Growing On The Federal Judiciary. It’s Up To The Supreme Court To Put It In Remission and Restore Good Will.
There is a concept in corporate and employment law called good will. It refers to the idea that a company’s reputation is important, and that a positive reputation and good relationships will lead to repeat business with existing customers and…
R.I. Supreme Court ’17-’18 Term in Review: Who Wrote What, and How Criminal Defendants and Pro Se Litigants Fared
It’s the end of July and the Rhode Island Supreme Court has not published an opinion since July 3. The hiatus likely means the Court is done for term 2017-2018 and will not issue another published opinion until the 2018-2019…
The Map Room of Janus: Thoughts on the Thinking of the U.S. Supreme Court and What Comes Next
The map room scene is one of the best moments in the original Raiders of the Lost Ark movie. Indiana Jones drops into the ancient map room of Tanis to locate the Lost Ark. Someone has already been there but…
McDonnell Douglas and Diversity: the First Circuit’s Latest on the Thin Blue Line Between Procedure and Substance
Few legal concepts are more confusing than the rules that federal courts apply when sitting in diversity. Federal courts have limited jurisdiction. Jurisdiction loosely translates as the power to say what the law is and to whom it applies. (Courts…
R.I. Supreme Court or Bust: May 9 Is Your Last Chance to Watch Oral Argument Until the Fall
The Rhode Island Supreme Court will hold its final day of oral argument for term ’17-’18 on Wednesday, May 9 at 9:30 a.m. For all you appellate aficionados out there, it’s your last chance to watch the Supreme Court in…
Law Nerd Legal Nirvana: Federal Jury Selection and R.I. Supreme Court Oral Argument Today!
It’s been a long winter. And then we all lost power from the big storm. But not to worry – there’s nothing to recharge those batteries like watching legal advocacy! Today, you can witness jury selection in the federal courthouse…
Speech: the Final Frontier. Are Anonymous Campaign Contributions a Constitutional Right?
Money talks — it usually means that people use money to get their way, or they’re influential and powerful because they have money. But does money literally talk? Will the Supreme Court take us to new worlds and find that…
SCOTUS follows SCOTUS, the Circuit follows the Circuit, but D.J.s don’t follow D.J.s. What gives?
One interesting facet of the federal court system is its hierarchical structure. The thirteen Circuit Courts of Appeals that sit directly below the Supreme Court of the United States (SCOTUS) must follow the Supreme Court’s binding precedent. The District Courts…