Ten Top Appellate Mistakes

The practice of law has become specialized, and a jack of all trades typically is a master of none.  Judge Silberman of the United States Court of Appeals for the District of Columbia warns, “Effective presentation to a federal court of appeals, or to any court of...

Waiver in the Pennsylvania Superior Court

Perhaps the most frustrating aspect of practicing before the Pennsylvania Superior Court is its application of the doctrine of waiver. Or should I say “over-application.” The federal courts have frequently held that they will not consider issues not passed on by the...

Hobby Lobby and its discontents

Anyone who has actually read the Supreme Court’s opinion in Burwell v. Hobby Lobby knows that the decision is quite narrow. The Court granted certiorari to determine whether HHS regulations requiring that corporations offer certain forms of birth control violate the...

Word Crimes

While I am in my kynetic typography silly season, I couldn’t help but direct your attention to Weird Al’s “Word Crimes” video:...

The Impotence of Proofreading

While I’m on a kinetic typography kick, I thought I might share an amusing video that demonstrates the difficulty of proofreading one’s own work, even with spell check.  The narrator’s voice is annoying, but his message is clear.   One...