Judicial Branch

Common Sense Rules of Advocacy

Common Sense Rules of Advocacy

  Common Sense Rules of Advocacy for Lawyers A Practical Guide for Anyone Who Wants To Be a Better Advocate By Keith Evans Common Sense Rules of Advocacy for Lawyers provides tips and rules that will help anyone – lawyer or lobbyist, account executive or negotiator, parent or teacher – improve their advocacy skills in […]

Government by consent of the governed: West Virginia State Board of Education v. Barnette, 319 U.S. 624

Government by consent of the governed: West Virginia State Board of Education v. Barnette, 319 U.S. 624

There are village tyrants, as well as village Hampdens, but none who acts under color of law is beyond reach of the Constitution. . . . The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, […]

Common Sense Rules of Advocacy

Common Sense Rules of Advocacy

  Common Sense Rules of Advocacy for Lawyers A Practical Guide for Anyone Who Wants To Be a Better Advocate By Keith Evans Common Sense Rules of Advocacy for Lawyers provides tips and rules that will help anyone – lawyer or lobbyist, account executive or negotiator, parent or teacher – improve their advocacy skills in […]

Supreme Court Nominees

Supreme Court Nominees

Shortly after Elena Kagan was nominated to the Supreme Court, I wrote critically of her “thirty-year gamble” to secure a spot on the United States Supreme Court, though I prefer Karlan’s imagery of trimming the sales. It seems every effort Kagan has taken over the past three decades was made intently, and with a focus […]

Practicing Law in 2013

Practicing Law in 2013

[T]he big legal story of the day is the news out of Weil Gotshal. The firm is conducting large layoffs of both attorneys and staff, as well as reducing partner pay. Thus far, many of our recent layoff stories have involved staff layoffs, especially secretarial layoffs; relatively small numbers of affected individuals; and firms not […]

Official Title / Short Title / Popular Title / Popular Name (CongressionalGlossary.com)

Official Title / Short Title / Popular Title / Popular Name (CongressionalGlossary.com)

From the Congressional Glossary – Including Legislative and Budget Terms Official Title / Short Title / Popular Title / Popular Name Official Title: Statement of a measure’s subject and purpose, which appears before the enacting clause. Popular Title: The informal, unofficial name or the short title by which a measure is known. A short title […]

Executive Privilege / Qualified Privilege (CongressionalGlossary.com)

Executive Privilege / Qualified Privilege (CongressionalGlossary.com)

From the Congressional Glossary – Including Legislative and Budget Terms Executive Privilege / Qualified Privilege The phrase “executive privilege” is a shorthand reference to the “qualified privilege” of the executive to decline to respond to a request for information–documents or testimony or both–from either of the other two branches of the federal government. A unanimous […]

Understanding Report Language and Legislative History / Joint Statements

Understanding Report Language and Legislative History / Joint Statements

Learning to research and understand legislative history is an important part of any legislator’s job. Legislative history includes the official reports that are generated in Congress throughout the course of the legislative process, such as committee reports and joint statements. photo credit: EverJean When researching case law, be aware that court decisions can frequently include […]

Nomination / Confirmation (CongressionalGlossary.com)

Nomination / Confirmation (CongressionalGlossary.com)

From the Congressional Glossary – Including Legislative and Budget Terms Nomination / Confirmation Presidential appointments to office subject to Senate confirmation per the Constitution, Article II, Section 2. Although most nominations win quick Senate approval, some are controversial and become the topic of hearings and debate. Sometimes senators object to appointees for patronage reasons – […]

Senatorial Courtesy (CongressionalGlossary.com)

Senatorial Courtesy (CongressionalGlossary.com)

From the Congressional Glossary – Including Legislative and Budget Terms Senatorial Courtesy Sometimes referred to as “the courtesy of the Senate,” it is a general practice – with no written rule – applied to consideration of executive nominations. Generally, it means that nominations from a state are not to be confirmed unless they have been […]