Featured Articles

Judicial Opinion Shortcuts: Skipping the Substance of the Argument

Greg May
October 02, 2008 09:38

Sometimes, a judicial opinion leaves you wondering what a party contended on appeal.  That’s always a little frustrating.  OK, not always, but when it involves a pet interest (in my case, jurisdiction), it leaves one wanting more. Such is the case with White v. Mayflower Transit, case...

Recent Articles

A different kind of “three strikes and you’re out”

Greg May
May 27, 2010 23:08

A recent opinion from the court of appeal demonstrates that while redundancy is usually something to be avoided, sometimes it’s a good way to make a point. [Plaintiff] persistently misstates the central issue in the case by insisting, here and in related appeals, that the question presented...

Real legal research on your iPhone

Greg May
February 03, 2010 05:22

Image via CrunchBase If you are an iPhone-using lawyer, you really should subscribe to the iPhoneJD blog, where New Orleans attorney Jeff Richardson keeps you updated not only on specific legal uses for the iPhone, but on all things iPhone. Yesterday, he reviewed Fastcase, an iPhone app for...

The “underground body of law” – the influence of unpublished opinions

Greg May
January 26, 2010 18:58

There’s nothing quite so frustrating as finding the perfect case — factually and legally on “all fours” with yours, with a “slam dunk” holding — that has been depublished (or was never published). California Rules of Court, rule 8.1115(a), prohibits citation to...

Supreme Court denies review in Burlage v. Superior Court

Greg May
January 21, 2010 21:52

Image via Wikipedia The Supreme Court denied review today in Burlage v. Superior Court, leaving intact the decision that, by speculation of some (including yours truly), will increase the number of legal challenges to arbitration decisions. I won’t go so far as to say that it will...

Judicial Council meeting this week to discuss impact of court closures

Greg May
January 18, 2010 18:05

A Friday afternoon press release (PDF) from the Administrative Office of the Courts announced that this Wednesday’s meeting of the Judicial Council will include a review of  the impact of the court closure policy instituted last September. From the agenda: Based on survey responses from the...

Citations of the future

Greg May
January 15, 2010 18:41

Duke University professor Joan A. Magat has an article up at SSRN suggesting changes in footnote use in academic legal writing, but the future she predicts for legal journals in “Bottom Heavy: Legal Footnotes” may be the future of all legal authority: No more paper: just electronic...

Ineffective assistance of counsel in advising waiver of right to claim ineffective assistance of counsel

Greg May
January 13, 2010 08:37

When a plea agreement includes a waiver of rights to appeal, claim ineffective assistance of counsel, and to move to withdraw the plea, can it logically be enforced to preclude a claim of ineffective assistance of counsel in the advice to enter into the agreement? Last week, in People v. Orozco,...

“Octa-Mom” wins one in court

Greg May
January 12, 2010 23:56

“Octa-mom” Nadya Suleman became an object of derision when, after fertility-treatment-induced birth to octuplets, people learned she was a cash-strapped single mother who already had six children at home. But it’s her adversary that comes into ridicule in Friday’s decision...

New, and hopefully improved, design

Greg May
January 11, 2010 19:10

Regular readers will note the blog’s new design, which debuts today. When I started my new blog, The Ninth Circuit Blog of Appeals, I utilized a customizable theme that emphasizes search engine optimization. I’ve switched over to the same theme here for the SEO benefits and in order to...