Next Pa. Justice Can and Should Be More Than Just a Tiebreaker
The Legal Intelligencer
Tuesday, May 14, 2013
Now that former Pennsylvania Supreme Court Justice Joan Orie Melvin's resignation from that court has become official, Governor Tom Corbett has 90 days in which to nominate a successor.
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A Look at Amendments to Pa. Appellate Rules Mandating Shorter Briefs
The Legal Intelligencer
Tuesday, April 30, 2013
On March 27, the Pennsylvania Supreme Court officially approved a series of amendments to the Pennsylvania Rules of Appellate Procedure governing the size of appellate briefs. Most significantly, the new amendments replace the page limits currently applicable to appellate briefs with various maximum word-count limits.
Ups and Downs of Arguing Cases of Apparent First Impression
The Legal Intelligencer
Tuesday, March 12, 2013
Appellate lawyers cannot help but experience an extra degree of excitement when an appeal on which they are working presents a question of first impression. All cases may be unique in some respect, but a true case of first impression appears infrequently.
Statistics Confirm Growing Rarity of Oral Arguments at Third Circuit
The Legal Intelligencer
Tuesday, February 12, 2013
In May 2006, one of the shining stars of the entire federal appellate judiciary, and of the U.S. Court of Appeals for the Third Circuit in particular, passed away. One of the many things that distinguished Judge Edward R. Becker from his many colleagues was the extent to which he valued the benefit of appellate oral argument.
A Look at the Lawsuit Challenging Pa.'s Judicial Retirement Age
The Legal Intelligencer
Tuesday, January 15, 2013
A handful of Pennsylvania state trial court judges have recently filed lawsuits challenging the constitutionality of the commonwealth's current judicial retirement age of 70.
An Advisory Opinion on Appellate Advisory Opinions
The Legal Intelligencer
Tuesday, December 11, 2012
Article III of the U.S. Constitution limits the jurisdiction of federal courts to cases and controversies. Over the years, federal courts have construed the "case or controversy" requirement to encompass a number of subsidiary requirements.
Professionalism on Appeal: The Good, the Bad and the Ugly
The Legal Intelligencer
Tuesday, November 13, 2012
In 1995, the Philadelphia-based U.S. Court of Appeals for the Third Circuit promulgated Local Appellate Rule 28.1(d), which states in full: "The court expects counsel to exercise appropriate professional behavior in all briefs and to refrain from making ad hominem attacks on opposing counsel or parties."
Praising Superior Court's Increased Access to Opinions
The Legal Intelligencer
Tuesday, October 9, 2012
The Superior Court of Pennsylvania recently announced it has approved a policy change that, once implemented, will result in that court's posting to the court's website of all newly-issued, nonprecedential opinions not issued under seal, thereby providing free and easy access to all of that court's decisions to the public, the news media and attorneys.
Appellate Unpredictability: It's Why They Play the Game
The Legal Intelligencer
Tuesday, September 11, 2012
In sports, from time to time, an underdog will defeat a team that was heavily favored to win. As the saying goes, "It's why they play the game." If the favorite always defeated the underdog, there would be little reason to have the game occur on the field, the hardwood floor or the ice.
The 3rd Circuit's Supreme Court Report Card for the 2011-12 Term, Part II
The Legal Intelligencer
Tuesday, August 14, 2012
In last month's column, I reported that the U.S. Supreme Court agreed with the outcomes that the U.S. Court of Appeals for the Third Circuit arrived at in three of the seven cases that reached the Supreme Court directly from the Third Circuit in the recently completed 2011-12 term. Today's column examines how the Third Circuit fared last term in another eight cases that did not originate from the Third Circuit but in which the Supreme Court expressly noted that it was resolving conflicts that involved the Third Circuit.
