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February 19, 2007 | National Law Journal

Keep oral arguments on target

Judges at all levels have offered advice on oral argument. Some of the most valuable come from Supreme Court justices who were accomplished oral advocates as well.
12 minute read
June 19, 2009 | National Law Journal

9th Circuit finds no First Amendment violation in teacher's demotion over blog comments

Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it. The 9th Circuit found that Tara Richerson's speech was disruptive, eroded work relationships and interfered with her job performance, which involved mentoring teachers. The court also found her speech was "racist, sexist, and bordered on vulgar."
4 minute read
August 11, 2008 | National Law Journal

Use Arguments Sparingly

One of the best mental exercises any advocate can attempt, prior to an argument, is to place oneself in the shoes of the decision-maker. Imagining what considerations will guide the decision-maker — be it judge, jury, zoning board or arbitrator — forces you to focus your attention on arguments that are bound to be persuasive, not merely personally satisfying to you or your client. The goal at the end of the day is to prevail and this is done by persuading the decision-maker to come to certain conclusions for her or his own reasons, not yours.
7 minute read
March 19, 2009 | National Law Journal

Calif.'s affirmative action ban again under court scrutiny

California's controversial 1996 voter initiative, banning affirmative action in education, public hiring or contracting, known as Proposition 209, is again under court scrutiny. On March 17 a state appeals court approved the Berkeley school district's voluntary integration plan, concluding that it's unique plan to consider the racial makeup of a neighborhood, rather than individual students, does not violate the terms of Prop. 209. Less than a day later, the California Supreme Court asked the state Attorney General, in a separate case, whether Prop. 209's denial of preferences in government contracting violates federal equal protection principles.
3 minute read
April 29, 2013 | National Law Journal

Court Upholds Virginia FOIA Restrictions

The Supreme Court dealt a blow to the information industry and to open-government advocates on Monday, unanimously upholding a Virginia law that restricts the right of access to public documents to in-state residents.
4 minute read
October 18, 2004 | National Law Journal

Sweden thrives as neutral arbitration ground

Although not alone with respect as a venue for East/West arbitration, Stockholm maintains its lead as the preferred location for such international legal affairs.
12 minute read
November 10, 2008 | National Law Journal

Ballot measures: pot, gay marriage — and suits

Some of the most contentious ballot issues decided by voters last week, from bans on same-sex marriage and affirmative action to approval of stem-cell research and medical marijuana, will likely trigger new litigation. The most divisive of the 153 state ballot measures nationally are expected to be back in state courts soon.
4 minute read
September 23, 2013 | National Law Journal

Walking a Tightrope in White-Collar Investigations

One way to pursue the best possible resolution is to cooperate with a government investigation. But what does cooperation actually entail and does it mean capitulating to the government's allegations or suspicions?
8 minute read
February 21, 2012 | National Law Journal

Judicial pay challenge clears hurdle at Federal Circuit

Federal judges challenging a congressional blockade of judicial cost-of-living pay increases have cleared a key procedural hurdle that ultimately may return their case to the U.S. Supreme Court.
4 minute read
October 02, 2013 | National Law Journal

Genetically Modified Wheat Litigation May Be Consolidated

The U.S. Judicial Panel on Multidistrict Litigation heard arguments on September 26 over whether to coordinate some 15 cases alleging that Monsanto, which conducted field testing on genetically modified wheat about a decade ago, contaminated crops intended for human consumption.
4 minute read

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