Minor Wordfoolery in Today’s Supreme Court Opinion
In which I give this way more attention than it probably deserves.
Legal Writing
Tenth Circuit Forced to Diagram Congressional Sentence
"Few statutes have proven as enigmatic as 18 U.S.C. § 924(c)," says the Tenth Circuit to kick off its opinion in United States v. Rentz. Hard to see what it's complaining about: (c) (1) (A) Except to the extent that a…
Court Suggests Plaintiff Could Have Grounded His Brain
A statement in a judicial opinion that isn't necessary to the holding is called a dictum (pl. dicta), and isn't technically binding (though it may or may not be persuasive). Here's a good example of that from a 1976 federal case (thanks,…
Could Someone Ask Bobby Chen to Call the U.S. Supreme Court?
The Court granted his petition but hasn’t heard from him since.
Whom the Gods Would Destroy, They First Make Mad
Another sovereign citizen at work.
What Is the Proper Format for a Citation to Buzz Lightyear?
I really have no idea, but this seems perfectly acceptable to me: I suppose you might also be wondering, "In what situation might I feel compelled to cite an animated action figure as an authority in one of my briefs?"…
Study Group “Confidentiality Agreement” Immediately Disclosed
Above the Law reports that someone, or multiple someones, sent it a copy of a confidentiality agreement that one member of a law-school study group apparently proposed to the others. Why does a study group need a confidentiality agreement? Well, it…
Bad Attitude Costs Texas in Fee Dispute
Hey, I get it—sometimes when you win and you think the other side's position was bogus, it's hard not to get all smug and self-righteous. But you really should try. Not trying very hard—well, not trying at all—cost the State…
“Like Your Client, This Claim Won’t Fly”
Think I'll add a new category for legal correspondence, and this letter is going in it. It's from a lawyer representing Dan Bilzerian. I'd never heard of him, but Legal Cheek describes him as "Instagram playboy Dan Bilzerian" and "Instagram sensation Dan Bilzerian"…
A Zinger From 1877
It is doubtful if by strict search through the files of the various courts of this state a judgment was ever before rendered in favor of a party upon a document, called “petition,” that would begin to compare in worthlessness…