Fall is finally here -- and it's about time. How can you tell that Fall has made its appearance?
-- The temperature here in Dallas finally dips below 95 degrees;
-- College Football season is in full swing;
-- Halloween candy can already be found in stores; and
-- Baseball playoffs are just around the corner.
But for lawyers, the first sign of Fall can only be one thing: the First Monday in October. That venerated date signaling the start of the Supreme Court's term is upon us, and here at Inter Alia I can't help but think it's no coincidence that Blawg Review #26 falls on the very same day. With that in mind, let's take a look at the Supreme Court, Blawg Review style. (Note: as you know, I have been linking to law-related blogs since I started back in 2002. Each post below will be accompanied with a link to their Blawg of the Day (BOTD) post)
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On the Docket
As usual, SCOTUSblog (BOTD 10/2/2002) provides up-to-date information on the goings-on of the Supremes. For those of you interested in heading down to the court on Monday, here's a rundown of the day's activities. SCOTUSblog also will be collecting Briefs in Five High-Profile Cases This Term and making them available on the web site.
Check out the latest version of the Coast To Coast podcast with bloggers J. Craig Williams (BOTD 8/26/2003) and Bob Ambrogi (BOTD 12/5/2002) as they discuss the Supreme Court's new term with Marcia Coyle of the National Law Journal.
Finally, while it's not the most important case the Justices will see on the docket this year, it may be the most entertaining: Ann Althouse reports that the Supreme Court has agreed to hear the Appeal of Anna Nicole Smith. (I actually have a faint connection to this case, so I'll be watching it with voyeuristic interest.)
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The Judiciary
As you would expect, posts on newly-confirmed Chief Justice John Roberts were flying hot and heavy this week, so much so that BeldarBlog (BOTD 8/11/2003) tackles head-on the speculation that Roberts may be a presidential candidate in 2008.
Over at Instapundit (BOTD 9/2/2002), Glenn Reynolds notes that a memorandum (on libel, interestingly enough) was falsely attributed to John Roberts. The memo was critical of the 1964 Supreme Court decision New York Times vs. Sullivan.
Meanwhile, Article III Groupie over at Underneath Their Robes (BOTD 6/30/2004) is asking an overlooked but important question: Will He Keep the Rehnquist Clerks?
And in one of his first official acts in office, Roberts announced his recusal policy.
Finally, again at Crime & Federalism, Norm Pattis channels Roberts in Mr. Roberts Awakens to a New World.
In non-Roberts news, Unlearned Hand (BOTD 10/24/2005) comments on citing to foreign law, from a recent speech by Justice Ginsberg wherein she stated that ...."I will take enlightenment wherever I can get it....I don't want to stop at a national boundary."
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Article III -- Federal Questions
Thought things were back to normal now that the NHL is playing hockey again? Think again. Mark Ament over at SportsBiz (BOTD 8/19/2005) reports that Dissident Hockey Players File Complaint with NLRB, to protest the hiring of Ted Saskin as head of the National Hockey League Players Association.
Over in the UK, the folks at Naked Law (BOTD 12/4/2005) are watching as US legislators consider action P2P, as they attempt to protect "copyright and innovation in a Post-Grokster World."
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The Fifth Amendment -- The Grand Jury
Although I might personally disagree, an indictment may come as a relief for some, according to Ellen Podgor of the White Collar Crime Prof blog (BOTD 12/29/2004). It signals the end of the investigative stage and a move forward for the accused.
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The Sixth Amendment -- Criminal Prosecutions
The Jury Trial
jurygeek Clay Conrad (BOTD 11/7/2005) asks the excellent question, Justice May Be Blind, But is She Unconscious? I've never seen a juror fall asleep at trial before, but if I did, I would sure question my trial presentation skills.
Effective Assistance of Counsel
Why does Norm Pattis at Crime and Federalism (BOTD 7/26/2004) think that Tom Delay will plead guilty? Because his lawyer waived the statute of limitations on the conspiracy charge. And "[w]hy would a competent lawyer waive a complete defense? Because worse was on the way if he did not." (Orin Kerr at The Volokh Conspiracy speculates that limitations was waived to put off the indictment as long as possible.)
So what does it take to be a great lawyer? Back in 1963, Roland Boyd answered this question in a letter he wrote to his son, which was later published as How to Succeed as a Lawyer. In calling it a great read, Carolyn Elefant of MyShingle (BOTD 2/12/2003) notes that in reading this letter "you'll be reminded of what brought you to law to begin with and why despite the stresses and the problems, you still want to stay."
PHOSITA (BOTD 2/20/2004) and Patently-O (BOTD 4/30/2004) want to help patent clients understand when they are talking to their attorney, or patent attorneys who are trying to learn the art, and they figure these patent glossaries are a good start.
David Giacalone at f/k/a... (BOTD 6/3/2003) is giving hell to state bars over their advertising rules. His post title, Missouri newsflash: legal consumers are really stupid, certainly pulls no punches, and neither does the rest of the article. The f/k/a gang is just not quite convinced that Missouri consumers need to be told "[t]he choice of a lawyer is an important decision and should not be based solely upon advertisements." Evan Schaeffer at his Legal Underground blog (BOTD 1/19/2004) also comments on this issue, asking Do People Choose Lawyers Based Solely on Their Ads?
And Anita Campbell at Small Business Trends posits that soon a lawyer's services may no longer be needed. In Trend of Anti-disintermediation, or Personalized Services?, she discusses the rise of do-it-yourself law sites on the Internet, and gives suggestions for providing more personalized services to clients.
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Tenth Amendment -- Powers Delegated to the States
Jonathan B. Wilson, of the self-named Jonathan B. Wilson blog, has a number of posts this week on state law issues. First is an analysis of Georgia's offer of judgment rule, which a Gwinnett County court recently found unconstitutional. He's also discussing the unusual New York case of Spitzer vs. Langone, which seeks the repayment of the allegedly excessive pay package given to former NYSE Chairman Richard Grasso.
The MIbLAWg provides commentary on the Michigan Supreme Court, and blogger Enrico Schaefer discusses the effects of a state's supreme court actions on its trial courts in Trial Courts Take Their Direction from the Appellate Courts.
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Privacy Rights
Perhaps the most controversial privacy issue is that of abortion, and advocates on both sides are looking to see how our new Chief Justice will come down on the issue. One interesting question raised at the hearings is that of a man's right to choose an abortion, which is considered by Ethan Leib at Prawfsblawg (BOTD 6/16/2005).
Bloggers have privacy rights, too. That's why Rob Hyndman (BOTD, 1/5/2005) is posting links to The Real Top Ten Tips for Blogging Anonymously.
Kevin Thompson at Cyberlaw Central (BOTD 11/18/2005) is concerned about the FCC's intention to require ISPs and broadband providers provide backdoors to law enforcement to monitor communications. He highlights the new rules in Battle Lines being Drawn - Law Enforcement v. Internet Freedoms.
And in these days when it's easy to steal hundreds of thousands of identities on the Internet, here's a story about the old-fashioned kind. In Health Privacy Compromised, But When Is It Okay To Share?, the Privacy and Security Law Blog (BOTD 8/26/2005) discusses what happens when a hospital allegedly releases confidential medical records for hundreds of patients, to a company it hired to solicit business.
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Commerce Clause
Are Tax Breaks for Biotech Worth the Price? Your friendly Patent Baristas (BOTD 3/23/2005) ask this question, and partially answer it by saying "what started as a strategy for economically depressed regions to develop has turned into a national epidemic of job blackmail....And guess who's getting stuck with the tab?"
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Briefing and Oral Arguments
Needing some inspiration for your brief? The latest edition of articles to appear on the terrific research site LLRX includes Free and Fee Based Appellate Court Briefs Online, by Michael Whiteman at Chase College of Law in Kentucky.
I'll admit it -- there was nothing that terrified me more than being called on in law school. Maybe part of the problem lies with our professors: Mike at Crime & Federalism opines that many law professors aren't properly using The Socratic Method.
If blogging can be said to be a form of briefing, then can it also be an educational resource? Jack Balkin at Balkinization (BOTD 1/15/2003) thinks so, and he makes his case persuasively at More Proof that Blogging Can Be a Form of Scholarship.
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Cert Denied (Blog posts that don't fit neatly into one of the categories above, but nevertheless deserve a mention)
Dennis Kennedy at Between Lawyers (BOTD 3/28/2005, in Continuing the Discussion of Legal Education, asks the question: "if PLI offered its own law school, how interested would you be in hiring its graduates?"
Regular readers of this blog discovered the Video Game Law Blog on May 29, 2005, but it's hard to beat the excitement of a law student discovering in a law library that law can be fun.
George Lenard, at his spiffy new address, employmentblawg.com (BOTD 8/4/2003, points out a Monster Blog that features his new address on its blogroll...monster traffic ensued. If you've been a follower of Blogger George's Employment Blawg, you'll want to update the link to him in your blogroll, too, and check out his new and improved employment blawg powered by Wordpress while you're there.
Finally, a few nods to Denise Howell, of Bag and Baggage (BOTD 8/29/2002) and Between Lawyers fame. It wasn't but a few years ago that Denise coined the term Blawg; now she reports the term is about to make its first appearance in a published opinion. The thought of it must have inspired her inner poet, so she penned the hilarious 'Twas the Night Before Zeitgeist. And her parting words are a good as place as any for us to end this edition of Blawg Review:
But I heard them exclaim, as they blawged late at night,
"If you're going to dis us, then link us � all right??"
Check out Blawg Review for information on next week's host, as well as instructions on how to get your blawg posts reviewed in upcoming issues.