by tforrence | Oct 28, 2016 | Uncategorized
Many attorneys who believe that they have controlling precedent on their side gleefully approach appellate briefs with the strong conviction that an appeal to the law will cause truth and justice to rain down and the trial court’s incorrect decision to be swept away...
by tforrence | May 12, 2015 | Uncategorized
Writing is mianly about maening. In an interview with Wired, University of Sheffield psychologist Tom Stafford explained: “When you’re writing, you’re trying to convey meaning. It’s a very high level task.” A writer who leaves a lot of typos on the page is not being...
by tforrence | Apr 19, 2015 | Uncategorized
Did you know that in Pennsylvania, filing a Motion for Reconsideration does not toll the 30-day period for the filing of a Notice of Appeal? Neither do lots of attorneys. Check out my...
by tforrence | Mar 20, 2015 | Uncategorized
Faithful readers of this blog are aware of my criticism of the overuse of “waiver” by appellate courts. The first problem is that the term “waiver” is technically incorrect; “forfeiture” is actually the correct one. “Waiver” means something slightly different, namely,...
by tforrence | Oct 18, 2014 | Uncategorized
Thanks to my efforts, in United States v. Husmann, 765 F.3d 169 (3d Cir. 2014), the Third Circuit overturned the conviction of a man found guilty of distribution of child pornography because the government could not prove that the images he placed in a folder on a...
by tforrence | Sep 27, 2014 | Uncategorized
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...
by tforrence | Aug 21, 2014 | Uncategorized
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...
by tforrence | Aug 5, 2014 | Uncategorized
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...
by tforrence | Aug 2, 2014 | Uncategorized
While I am in my kynetic typography silly season, I couldn’t help but direct your attention to Weird Al’s “Word Crimes” video:...
by tforrence | Aug 2, 2014 | Uncategorized
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...
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