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/

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/

The Pennsylvania Supreme Court is now hearing oral arguments in Philadelphia. These livestreams are always worth a listen. www.youtube.com/live/VDbk5zR...

According to Wikipedia, 34 years ago, a descendent of Helen Palsgraf married a descendent of Benjamin Cardozo. Talk about unforeseeable.

Engendered by a discussion on LinkedIn earlier this week... If you don't already practice in a place where this occurs, would you prefer it if courts would give a day's notice before announcing decisions, at least in appellate cases? #AppellateSky

Important issue of first impression decided in the Third Circuit today. The district judge lived down the street from the pro se civil-rights plaintiff when both were kids, the to-be judge's dog bit the to-be plaintiff and the to-be judge blamed the to-be plaintiff for provoking Cocco. 1/

According to Wikipedia, 34 years ago, a descendent of Helen Palsgraf married a descendent of Benjamin Cardozo. Talk about unforeseeable.

In a previous career, I was a TV reporter. I wisely got out before the advent of high definition, but I learned a few things. In those days, folks looking for jobs sent videotapes of their work. Now, I suspect they just post their work to websites and e-mail links to prospective employers. 1/

In a previous career, I was a TV reporter. I wisely got out before the advent of high definition, but I learned a few things. In those days, folks looking for jobs sent videotapes of their work. Now, I suspect they just post their work to websites and e-mail links to prospective employers. 1/

Oral argument in the Susquehanna County Court of Common Pleas in Montrose, PA.

As one who writes for a living, dangling participles are concerning.

As one who writes for a living, dangling participles are concerning.

Interesting decision yesterday from the 11th Cir underscoring circuit precedent that could (and in this case did) catch the unwary. District ct granted a motion to dismiss but w/ leave to amend and with an order that the clerk should enter a separate dismissal order if the plaintiff didn't amend. 1/

If you litigate long enough, you start to see cases you were involved in cited in opinions you find in your research. When the case is one you won, it's a nice callback. If it's one you lost, not so much. 1/

The Third Circuit today offered guidance on counsel's obligations regarding use of initials for for a party who was a minor at the start of the case but became an adult during its pendency. www2.ca3.uscourts.gov/opinarch/242...

We take our sons to HersheyPark to ride the coasters, have lunch and appreciate the warmth of easy friendship. I ride with the boys. S holds our things and waits at ride exits. She is a fierce advocate for her son, and I think the only things she fears are roller coasters.

Adventures in Being K’s Dad. K is my 31-yr-old son, who is autistic & his dad’s best pal. 20 years ago, I had the good fortune to befriend S, who is the mother of a young man w/ autism, B. Every summer for at least a decade (except 2020), S & B have driven to our place from their home in Phila. 1/

A quick story offered for obvious reasons. My dear sister was riding her bicycle recently. Something went awry, and she was dumped from the bike and fractured three ribs. Scarier still, her head hit the pavement hard. But she was wearing a helmet and, so, suffered no head injury. 1/

A quick story offered for obvious reasons. My dear sister was riding her bicycle recently. Something went awry, and she was dumped from the bike and fractured three ribs. Scarier still, her head hit the pavement hard. But she was wearing a helmet and, so, suffered no head injury. 1/

Adventures in Being K’s Dad. I’ve written here about my son, a young man and his dad’s best pal. During the holiday season some years back, one of the popular toys was Biscuit, the animatronic dog. Biscuit, you see, not only moved around, he could listen and follow voice commands. 1/

Adventures in Being K’s Dad. I’ve written here about my son, a young man and his dad’s best pal. During the holiday season some years back, one of the popular toys was Biscuit, the animatronic dog. Biscuit, you see, not only moved around, he could listen and follow voice commands. 1/

Reason No. 342 Why I Am So Popular at Cocktail Parties: I frequently see folks refer to briefs filed by more than one amicus as an "amici brief." It seems to me that "amicus" defines the type of brief, not the number of amici. Thus, it's an "amicus brief" but it's also "amici's brief."

Reason No. 342 Why I Am So Popular at Cocktail Parties: I frequently see folks refer to briefs filed by more than one amicus as an "amici brief." It seems to me that "amicus" defines the type of brief, not the number of amici. Thus, it's an "amicus brief" but it's also "amici's brief."

100 years ago today, a Tennessee jury convicted John Scopes of violating the Butler Act, a statute that forbid teaching evolution. I should note that an appellate lawyer persuaded the Tennessee Supreme Court to vacate the judgment (albeit on a technicality). famous-trials.com/scopesmonkey...

Adventures in Being K's Dad. I've written here about my son, a young man w/ autism and his dad's best pal. Every weekday morning, I drive my boy 25 miles to his day program. In the car, we listen to music, giggle and talk. (Actually, I talk. He's non-speaking, but he communicates in other ways.) 1/

Adventures in Being K's Dad. I've written here about my son, a young man w/ autism and his dad's best pal. Every weekday morning, I drive my boy 25 miles to his day program. In the car, we listen to music, giggle and talk. (Actually, I talk. He's non-speaking, but he communicates in other ways.) 1/

Adventures in Being K’s Dad. As I’ve written, K is my son, an adult with autism and his dad’s best pal. Let me tell you about K and his cousin, J. J is three and a half years older than K. When they were kids, she took a real interest in him, even though he wasn’t interactive like other kids. 1/

Adventures in Being K’s Dad. As I’ve written, K is my son, an adult with autism and his dad’s best pal. Let me tell you about K and his cousin, J. J is three and a half years older than K. When they were kids, she took a real interest in him, even though he wasn’t interactive like other kids. 1/

Adventures in Being K's Dad. I've written here about my son, an adult with autism and his dad's best buddy. Today is our boy's birthday and, as parents do on such occasions, I'm reflecting on him and our time together. There's a lot I could write, but I'll focus on one thing. 1/

Adventures in Being K's Dad. I've written here about my son, an adult with autism and his dad's best buddy. Today is our boy's birthday and, as parents do on such occasions, I'm reflecting on him and our time together. There's a lot I could write, but I'll focus on one thing. 1/

Best-laid plans… Thirty-one years ago today, I was a judicial clerk and my wife and I were waiting for our dear son to be born. He was, by then, six days overdue. 1/

Best-laid plans… Thirty-one years ago today, I was a judicial clerk and my wife and I were waiting for our dear son to be born. He was, by then, six days overdue. 1/

Perhaps a controversial view: SCOTUS should do away with reading summaries of opinions from the bench. They have no legal effect. The courtroom audience is tiny. What's the value?

Perhaps a controversial view: SCOTUS should do away with reading summaries of opinions from the bench. They have no legal effect. The courtroom audience is tiny. What's the value?

Adventures in Being K’s Dad. I’ve written here about my son, an adult with autism and his dad’s best pal. My dad loved opera. On my dad’s birthday and on the anniversary of his death, my boy and I listen to some of Dad’s favorite arias. Yesterday was such an anniversary. 1/

Adventures in Being K’s Dad. I’ve written here about my son, an adult with autism and his dad’s best pal. My dad loved opera. On my dad’s birthday and on the anniversary of his death, my boy and I listen to some of Dad’s favorite arias. Yesterday was such an anniversary. 1/

A quick Friday thought for oral argument. If your case is one in which there is a debate about what should be the proper legal rule, take time before oral argument to write out what you think the legal rule should be. Talk with your client about it. Talk with your colleagues about it. Refine it. 1/

I'm trying to remember the exact moment I stopped caring what the Bluebook says about every little thing, and all I can say is that it was a long time ago and I've felt better since. 1/