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  1. 7 minutes ago

    Diagramming is my life these days; complicated legal issue trying to figure out how I get co-D’s “confession” into evidence @ a hypothetical retrial to prove my client should get a new trial; confession came after co-D was acquitted of M1.

  2. 1 hour ago

    Hello, I’m an appellate lawyer in a movie. I ignore decorum and the standard of review and reargue my client’s trial with an impassioned, uninterrupted plea for justice untethered to law—and win.

  3. Jan 4

    BREAKING: SJC holds "as a matter of both State common law and due process, Mass courts have personal jurisdiction over nonresident individuals who are served with process while intentionally, knowingly, and voluntarily in Massachusetts."

  4. 2 hours ago

    When you start dreaming about while writing an appellate brief

  5. Jan 2

    I really love being a lawyer. I really did not like being a lawyer at a large law firm. Before you decide to leave the profession, makes sure it's the profession and not the professional setting that is a bad fit for you.

  6. 3 hours ago
    Replying to

    I still remember the appellate brief I read during my clerking days that said at one point "INSERT BS CITE HERE." Reader, those initials had nothing to do with the case name.

  7. Jan 3

    Circuit Judge seeking clerkship applications prefers previous clerkship experience yet for a writing sample prohibits both judicial opinion drafts or law review articles 😑

  8. 3 hours ago
    Replying to

    My all-time favorite oral argument question, “How is that fair?”

  9. Jan 3

    Here is a question for In your brief’s TOC, do you include a line for the TOC itself?

  10. Jan 4

    Grateful for the opportunity to file an amicus brief yesterday in the Kentucky Supreme Court on Kentucky Defense Counsel’s behalf. Interesting case re: emotional-distress damages and statutory claims. Brief is available here:

  11. Jan 4

    I changed my username to . That came from colleagues after I spent more than a decade handling cases on whether judgments were void or voidable. Yes. That exciting. But less boring than my name and area code.

  12. 6 Dec 2018

    Hi , I’m back! 1/

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  13. 16 hours ago

    FYI for or lawyers in general: judges who refrain from enforcing a right found in the text of the constitution, because of some extra-textual principle they believe exists, are not fulfilling their oaths

  14. Jan 3

    I really need an drink—preferably of the pina colada variety—in my life right now, cause these depositions sure aren’t gonna take themselves . . .

  15. Jan 1
    Replying to

    TIL there is a thing called .

  16. 20 hours ago
    Replying to

    I too seem to have a sixth sense on the day that appellate opinions issue in my appeals

  17. Jan 3

    For the crowd: Burke is married to Anne Burke of the Illinois Supreme Court, formerly of the Illinois Appellate Court. Ed Burke also has the cleanest streets in Chicago following any snowfall.

  18. Jan 4

    Under Title IX, when does a school official have "actual notice" triggering the duty to respond to end or eliminate sexual misconduct of a staff member toward a student? CA7 will hear en banc argument Feb 5 in 17-1521.

  19. 19 hours ago

    APPLY! We’ve launched a new fellowship opportunity for recent law school graduates with a desire to gain experience with our methodological approach of progressive originalism. Apply:

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