Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Friday, November 17, 2017

Appellate Advocacy Blog Weekly Roundup November 17, 2017


Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email or a message on Twitter (@Daniel_L_Real).

Supreme Court Opinions and News:

Last week, Justice Elena Kagan recused herself from an immigration case that had been argued -- and in which she participated in the arguments -- back in October, after her chambers identified a conflict of interest that had not been flagged prior to the argument.  "Late" identification of conflicts and recusals after Justices have already participated in the case have now happened on several occasions over the past couple of years.  The story is HERE.

In the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, all eyes are on Justice Kennedy and his vote, as he's expected to be the deciding factor.  Advocates are focused on how to win that vote.  More HERE.

Federal Appellate Court Opinions and News:

#AppellateTwitter member Justice Don Willett from the Texas Supreme Court and former state Solicitor General James Ho appeared before the Senate Judiciary Committee as part of the confirmation process for their nominations to the 5th U.S. Circuit Court of Appeals.  The Dallas News has more HERE.

Appellate Practice Tips and Tools:

SCOTUSblog this week had a post discussing mootness and what happens when a case becomes moot while it is pending review by a higher appellate court. 

Slate had an article this week discussing and providing a link to a copy of the demand letter sent by Roy Moore’s attorney to the media demanding a retraction and apology -- the letter went viral as an example of really poor legal writing, editing, and proofreading.  

Appellate Job Postings:

Hiring Announcement:  Law Clerk for Justice David E Nahmias, Supreme Court of Georgia. Job posting HERE.

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