Gretchen Sween, member of the legal writing faculty at The University of Texas School of Law and Special Counsel at Dechert LLP, has guest-posted and scored a review on Blawgletter before. Today, she takes keyboard in hand to tap out a thought piece on the things you see marching across your screen — words. We
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“Predictive Coding” in E-Discovery
By Barry Barnett on
Blawgletter gets calls each work day from people who want to sell something. It happens to you, too. When you pick up the phone, you hear dead air for a second or two before a person comes on the line. The "agent" often asks if he can speak with "[your name here]".
The tell-tale lag means…
How to Value Settlements (By Richard Posner)
By Barry Barnett on
Seventh Circuit Judge Richard Posner likes to riff on things that tickle his fancy. He does it a lot in his legal writing, of which he does a great deal. Just this week he wrote about how to tell if you should take an offer to settle:
Determining the reasonableness of a settlement requires comparing…
Quote of the Day: David Sipress
By Barry Barnett on
Caption for cartoon showing a woman watching TV:
Ask your doctor if taking a pill to solve all your problems is right for you.
David Sipress, New Yorker, May 7, 2007.
Valley of the Nesting Dolls — Take Two
By Barry Barnett on
Last February, Blawgletter wrote about a case that struck us as taking the issue of parties' "citizenship" to a Whole New Level. We said:
The Sixth Circuit today booted a case because it couldn't tell if it belonged in federal court or not.
The lawsuit pitted a Keystone State corporation (with a Pennsylvania principal
…
Why Does the NYT Hate Law Schools
By Barry Barnett on
Today the Paper of Record printed a long item on How Law Schools Cheat Their Students.
Not really. The thing tells how poor a job lawyer-mills do at teaching their toils how to “lawyer”. It says the schools worry so much about trade school stigma that they commit the unbusinesslike sins of teaching people how…
Wickard v. Filburn Decides Seven-Sky v. Holder
By Barry Barnett on
As our oil-and-gas trial prepares to drill into day eight, Blawgletter pauses to reflect on events outside DeRidder, Louisiana, the charming and friendly seat of Beauregard Parish.
The news that most caught our eye involves the case that took our breath away in law school more than any other — Wickard v. Filburn, 317 U.S. 111 (1942).
Today, a…
FCC’s Change in Fleeting Obscenity Rule Still No Good, Third Circuit Holds
By Barry Barnett on
Blawgletter's trial starts back in a little while, but before we walk the block to the courthouse we wanted to share with you the Third Circuit's views about "fleeting obscenity" on remand from the U.S. Supreme Court. See CBS Corp. v. Federal Communications Comm'n, No. 06-3575 (3d Cir. Nov. 2, 2011).
Guest Post: Jeffrey R. Manning on Stern v. Marshall
By Barry Barnett on
As Blawgletter gets ready for a trial that starts Monday, with a glad and grateful heart we welcome our friend, former team-mate, and world class i-banker (at BDO Capital) Jeffrey R. Manning as guest poster.
Jeff always has something well worth hearing to say. He also has, in the realm of humor, what the French…
Choosing Forums
By Barry Barnett on
Blawgletter likes choice of forum clauses in contracts. We think parties to pacts will do themselves a favor if they provide in advance for where they'll sort out any fights over what they agreed to. And, while we admire those who make the effort, we wonder why they so often do a poor better job…