Critiquing Our Courts
BITING THE HAND—REDUX
A while back, I wrote a short series of columns setting out my gripes about our appellate courts. I called the series Biting the Hand that Feeds Me, because I earn my bread by winning cases in those courts. According to my business manager (a.k.a. wife), incurring their wrath might cost me some slices. But…
Read MoreON CRITICIZING JUDGES
Lawyers often find judges’ quirks annoying. And losing is no fun. Plus, it’s human nature to talk yourself into the justice of your cause, and bristle when someone donning a robe doesn’t buy it. So we all get frustrated at the bench once in a while. How should we vent this steam? Mostly we just…
Read MoreCalifornia Supreme Court Merits Review
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…
Read MoreA Different Box—Part III
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 practiced there. But from…
Read MoreA Different Box—Part II
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 differences.…
Read MoreA Different Box
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 more unusual than you…
Read More