I'm far more troubled by law school clinics that look for cert. splits and then make law worse by forcing issue to #SCOTUS
She said this at UCI too. I find it kind of troubling, protecting a cartel of #SCOTUS litigators.https://twitter.com/LeahLitman/status/877266583411806208 …
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great N. Morawetz article on dangers of SCOTUS bar and clinics handling public interest cases https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1685513 …
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But what if it's objectively true?
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Think it is a mixed bag, and problems when only a couple dozen lawyers (outside government) mostly from big first handle bulk of arguments
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not to mention the fact that crim defense attorneys must act in the client's interest, not in the interest of dev the law.
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Her point is that dev of law is incidental to strong advocacy for client. So don't have to separately consider the former.
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the snippet I read talked about counsel not taking into account dev. of law.
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Yeah I see your point. The choice to not ask for publication of a favorable opinion for fear of Cal Sup Ct review highlights that tension.
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That is amazingly condescending.
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Also, how does one become a experienced litigator? They all started off as neophytes at some point.
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The term you are looking for is "lawyerstacracy".
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pretty bizarre argument coming from someone who hails the importance of affirmative action in her personal life.
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THAT'S WHAT YOU FIND TROUBLING? Not that she comes into cases with a desired conclusions she wants the lawyers to find how to get to?
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And who are those certain justices she's concerned about where they want to take the law? Surely not Kagan or Breyer or Ginsburg or herself.
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It's not accurate either. There is a system to prep ur case with the DC firms. Most Fed PD offices have excellent appellate section.
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I've heard the worst arguments come from elected state Att. Gen who lack time to prepare their case but won't delegate because of PR issues.
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How does one get experience in a closed group?
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What are the client's long term interests? Pushing law in right direction vs. winning case for client is a whole different issue.
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I agree. I know that my FPD mother had a hell of an argument in 06 and her client would not have wanted someone to parachute in.
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