Posts by Myron Moskovitz

A few years ago, Boalt Hall Professor David Carillo hosted a marvelous conference on the California Supreme Court. More than 200 lawyers heard Chief Justice Tani Cantil-Sakuaye, Justices Goodwin Liu, Carol Corrigan, Leondra Kruger and former Justice Joe Grodin explain how they decide cases. The attending lawyers also had to suffer through the pontifications of…

Let’s think outside the box of American appellate procedure. Let’s consider the British box. We inherited our common law system from the Brits – both substance and procedure. This included appellate practice, when our country was young. But we’ve since parted company – by a lot. I’m no expert in British appeals, as I’ve never…

You’ve heard the term “comparative law.” What does it mean? Essentially, you take a body of law or procedure of one country (or tribe), lay it down next to that of another country, and explore the similarities and differences. It can be quite fascinating – especially when you delve into the cultural causes that underlie…

The latest fad in the business world — especially hi-tech — is to encourage people to “think outside the box.” This works only if you first have some notion of what “the box” is. “The box” is the way people usually think about a situation, a problem, or an industry. Thinking outside that box is harder and…