A few thoughts about introductions in legal briefs from a lawyer/blurry actor. www.law.com/litigationda...

A few thoughts about introductions in legal briefs from a lawyer/blurry actor. www.law.com/litigationda...

Adventures in Being K’s Dad. I’ve written about my son, an adult with autism and his dad’s best pal. My boy loves the swings, so I take him to the playground a lot, including this morning. Truth be told, his old man has a hectic week coming up, and this time is a morale boost. Thanks, Sonny Boy.

Adventures in Being K’s Dad. I’ve written about my son, an adult with autism and his dad’s best pal. My boy loves the swings, so I take him to the playground a lot, including this morning. Truth be told, his old man has a hectic week coming up, and this time is a morale boost. Thanks, Sonny Boy.

I love living in a place with so much history. One hundred sixty-one years today, President Lincoln’s funeral train arrived in Harrisburg for a day. This is the train at the old train station, which was a few blocks east of the current train station.

My boy and I have been watching old reruns of "Mutual of Omaha's Wild Kingdom" on Sunday mornings. If you're of a certain age, you know the show and the "cast." I watched it 50 years ago with my dad. As an old guy, I share this lesson with a hat tip to my wife: in a world of Marlins, be a Jim. 1/

I don’t know how you spent your Sunday, but my boy and I started the day visiting the final resting place of Nancy Kulp, Miss Jane Hathaway from “The Beverly Hillbillies.” Her grave is in the Westminster Presbyterian Cemetery in Mifflintown, Pennsylvania. If you’re of a certain age, you’ll get it.

Today's Pa. Supreme Court decision holding that the Commonwealth's Constitution bars the imposition of mandatory sentences of life without the possibility of parole is remarkable and historic. The case didn't decide retroactivity, and that will be the next huge issue. www.pacourts.us/assets/opini...

One of the things that sometimes happens when you've been practicing law since the ink on the Magna Carta was still wet is that you think about how the practice has changed since you started. I was thinking yesterday about how we get opinions. 1/

One guy's approach to preparing for oral argument. (Sorry for the huge photo.) #AppellateSky www.law.com/litigationda...

Is this the first time a SCOTUS opinion has alluded to Sir Laurence Olivier?

Is this the first time a SCOTUS opinion has alluded to Sir Laurence Olivier?

Oral argument this morning in the Pennsylvania Superior Court.

Oral argument this morning in the Pennsylvania Superior Court.

I had occasion recently to listen to the recording of an oral argument in which counsel persistently failed to stop talking when a judge interrupted with a question. I get the temptation to try to finish what might be a crucial point. 1/

I had occasion recently to listen to the recording of an oral argument in which counsel persistently failed to stop talking when a judge interrupted with a question. I get the temptation to try to finish what might be a crucial point. 1/

You know that moment. You've been struggling to figure out how to write an argument on a particularly dense subject. You've started, stopped, revised and considered sticking a sharpened No. 2 pencil in your left eye in frustration. 1/

Then you see the argument, fully formed, in your mind's eye, and the race is on to get it on paper (or screen) while it remains clear in your thoughts. 2/

You know that moment. You've been struggling to figure out how to write an argument on a particularly dense subject. You've started, stopped, revised and considered sticking a sharpened No. 2 pencil in your left eye in frustration. 1/

Happy birthday, @carlcecere.bsky.social.

I’ve been a background actor (an extra) in two movies, one with Bryan Cranston, Kevin Hart and Nicole Kidman, and the other with Chadwick Boseman.

Happy 223rd anniversary to Marbury v. Madison.

Great. Now my octogenarian Jewish mother in Toledo won’t just ask me why I didn’t become a doctor, she’ll ask why I couldn’t be that nice Jewish boy who scored the gold-medal-winning hockey goal. Oy gevalt.

Great. Now my octogenarian Jewish mother in Toledo won’t just ask me why I didn’t become a doctor, she’ll ask why I couldn’t be that nice Jewish boy who scored the gold-medal-winning hockey goal. Oy gevalt.

This is Market Square in Harrisburg, Pennsylvania. 165 years ago today, Abraham Lincoln stopped here to offer some remarks on his way to Washington for his first inauguration. My office is in the building in the background with the top floors clad in gray. I so love the history of this area.

Been dealing with a health crisis involving a loved one (which seems to be resolving well), and I am reminded how important and helpful nurses can be. I’m so grateful.

Happy 55th anniversary to “Tapestry.” I wish I’d held up as well, but then I didn’t start out nearly as beautiful.

As any Pennsylvania appellate lawyer will tell you, if Punxsutawney Phil sees his shadow this morning it means I’ll have to wait six more weeks for a decision in that appeal I argued last year.

As any Pennsylvania appellate lawyer will tell you, if Punxsutawney Phil sees his shadow this morning it means I’ll have to wait six more weeks for a decision in that appeal I argued last year.

Thirty-seven years ago today, I asked Beth to let me be her husband. She said “yes.” Asked recently about that decision, she suggested that it might have been an abuse of discretion. I may yet be reversed and remanded.

Today, I offer a pat on the back to the folks who designed the Miami International Airport. We spent yesterday in the terminal waiting for a flight to Baltimore after a short cruise to The Bahamas. (You may recall that our son is an adult with autism, his dad's best pal, and an ardent beach boy. 1/

Today, I offer a pat on the back to the folks who designed the Miami International Airport. We spent yesterday in the terminal waiting for a flight to Baltimore after a short cruise to The Bahamas. (You may recall that our son is an adult with autism, his dad's best pal, and an ardent beach boy. 1/

Barenaked Rolling Stones.

Sign of the times. Used to see Bill, a lawyer a few years my senior, at bar association gatherings. Saw him yesterday at physical therapy where, instead of discussing the latest from the Supreme Court, we shared stories of our bad backs. And so it goes.

Ironic, no, that the Oxford University Press will enrage thousands by declaring the two-word phrase “rage bait” the 2025 “word of the year”? And not that Alanis Morissette kind of irony.

One hundred sixty-two years ago today, President Lincoln stood up in Gettysburg—just 30 miles down the road from where I sit to write this—and gave a two-minute talk that the world will never forget. Yes, it was the only time a lawyer didn’t use all the time allotted to him. #FOLO

One hundred sixty-two years ago today, President Lincoln stood up in Gettysburg—just 30 miles down the road from where I sit to write this—and gave a two-minute talk that the world will never forget. Yes, it was the only time a lawyer didn’t use all the time allotted to him. #FOLO

I'm thinking today of the district judge for whom I clerked, the Honorable William W. Caldwell, on the centennial of his birth.

Adventures in Being K’s Dad. I’ve written here about my son, a young man with autism and his dad’s best pal. K and I went to a restaurant for lunch today. The server was pleasant, but he pretty much made no effort to acknowledge my boy. He directed all questions and eye contact to me. 1/

Adventures in Being K’s Dad. I’ve written here about my son, a young man with autism and his dad’s best pal. K and I went to a restaurant for lunch today. The server was pleasant, but he pretty much made no effort to acknowledge my boy. He directed all questions and eye contact to me. 1/

everyone’s rightly abuzz about the tariff args but for a true master class in oral advocacy listen to @seharrington.bsky.social argue for petr in Hain. An exhilarating & dynamic convo w the Justices on highly technical legal issues. Fun for all. www.supremecourt.gov/oral_argumen...

Do we appellate lawyers no longer stop talking when a justice asks a question?

I’ve written here about my son, a young man with autism and his dad’s best pal. K’s interest in Halloween generally focuses on the party that they have at his day program, but my wife likes to put together creative costumes. Enjoy (see below and comments).

The 3d Circuit has issued a notice that federal agencies need not file paper copies with the court while the shutdown remains in place--but must do so within 14 days of the shutdown's end. www.ca3.uscourts.gov/sites/ca3/fi...

In Philadelphia boarding a flight to Nashville. Flight attendant at door compliments the outfits of the two women ahead of me and the jacket of the woman behind. 1/

Dismissed as improvidently granted.

How do you start your typical workday? For me, it's a 25-mile drive with my son to take him to his day program. (You'll recall that my son is an adult with autism and his dad's best buddy.) We listen to music, we find things to giggle at and we enjoy a little time just to ourselves. 1/

Observation from watching video of a lot of oral arguments: if you're sitting at counsel table and you react in any negative way to what your opponent says at the lectern, it really stands out. You may think it's not noticeable, but you're mistaken. Be the Sphynx.

Observation from watching video of a lot of oral arguments: if you're sitting at counsel table and you react in any negative way to what your opponent says at the lectern, it really stands out. You may think it's not noticeable, but you're mistaken. Be the Sphynx.

A respectful request of legal journalists, whom I generally really appreciate. If you're writing about an appellate oral argument, please don't just tell us what the lawyers said. Tell us what the judges said and asked. 1/