Friday, November 22, 2019
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 a quick note to either (1) Dan Real at DReal@Creighton.edu or on Twitter @Daniel_L_Real or (2) Catharine Du Bois at DuBoisLegalWriting@gmail.com or on Twitter @CLDLegalWriting
US Supreme Court Opinions and News:
- After years in court, including one previously denied Supreme Court petition in 2015, Google v. Oracle will be heard by the Supreme Court. The dispute centers on the use of application programming interfaces (also called software interfaces or APIs), specifically whether the Copyright Act protects Oracle’s API that Google admits to using. For a much more astute summary and explanation, see the New York Times and National Law Journal.
- This week’s New Yorker included an article on Justice Elena Kagan. See it here.
Federal Appellate Court Opinions and News:
- The Fourth Circuit held that suspicionless searches of travelers’ digital devices violates the US Constitution. The ruling holds that US border agents need reasonable suspicion, though not a warrant, to search smartphones and laptops at US ports of entry. See coverage in Reuters; CNN; or USNews.
- A Federal Court has stayed four federal executions set to occur next month, effectively blocking the recent Justice Department decision to resume federal executions. The order issued a preliminary injunction based on concerns about the government’s lethal injection method. See NBC News, NPR; and CNN.
- The ACLU on behalf of five journalists is suing the government claiming the government violated the journalists' First Amendment rights. The suit challenges the government’s questioning of the journalists at the US-Mexico Border. See the complaint in Guan v. Wolf here. The ACLU announcement is here.
Appellate Practice Tips and Techniques:
Here’s a useful Twitter thread on best advice for legal writers. It includes a post from Michelle Olsen about Justice Kennedy: “Justice Kennedy would tell his law clerks: ‘You can't write anything good because you've never read anything good.’” The post includes a link to a Harvard Law Review tribute to Justice Kennedy.