The Bluebook’s Twenty-Second edition is now out, and it includes new rules for citing emojis, electronic storage media, and, of course, generative AI.But these rules attempt to cram a very large square peg into an increasingly shrinking round hole. What
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The Appellate Advocacy Blog, published by the Law Professor Blogs Network, focuses on issues related to appellate practice and constitutional law. It covers topics such as procedural fairness in appellate courts, the evaluation of pretext and neutrality in government actions, interpretive methods like originalism, and the legitimacy of judicial decision-making. The blog also provides updates on recent appellate court cases, including U.S. Supreme Court arguments and decisions, with attention to First Amendment rights, due process, and the role of appellate courts in reviewing institutional procedures. It serves as a resource for appellate practitioners, scholars, and students interested in appellate litigation strategies and constitutional interpretation.
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Plagiarism as Vice or Virtue
plagiarize (play-jə-rĪz) vb. (17c) To take phrases, sentences, or ideas from someone else’s work and use them in one’s own work without attribution, as if they were one’s own; to use the ideas and expressions of someone else without giving…
Your Brain (and Brief) on AI
Recently, MIT’s Medial Lab released a report on how AI impacts the brains of those who use it to write. In that study, researchers monitored brain activity in participants who were asked to write SAT essays over a period…
Supreme Court Says No to Universal Injunctions, But Its Reasoning Impairs Its Own Authority
Friday, in Trump v. CASA, Inc., the Supreme Court held that federal courts lack authority to issue “universal injunctions,” orders that prohibit the government from implementing a policy nationwide rather than solely with respect to the plaintiffs before the court.…
Roe, Dobbs, and the Supreme Court’s Crisis of Legitimacy
Can a TRO be Appealed?
Litigation challenging the Trump administration’s actions often start with an application for a temporary restraining order (TRO). Usually, TROs are not subject to immediate appeal. So how are these TROs landing in an appeals court, sometimes within hours of their…
Citation Frustration
Ever feel like the rules for legal citation are wildly inconsistent? You are not alone. Nor are you imagining things. In a forthcoming review of the twenty-second edition of The Bluebook: A Uniform System of Citation, M. Burke Craighead—former Editorial &…
The Supreme Court Rules 9–0 That Discrimination Is Discrimination
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”Chief Justice John Roberts, Parents Involved in Community Schools v. Seattle School District No. 1In Ames v. Department of Ohio Youth Services,…
Justice Delayed
While the origins of the phrase “justice delayed is justice denied” is hotly contested, attributed to both ancient texts as well as William Gladstone, the sentiment is widely accepted. Still, decisions from appellate courts can sometimes seem long in gestation.…
Calling Balls and Strikes—or Swinging for the Fences? Rethinking the Supreme Court’s Umpire Metaphor
During his 2005 confirmation hearing, Chief Justice John Roberts famously likened judges to umpires, stating, “It’s my job to call balls and strikes, and not to pitch or bat.”[1] But does this analogy accurately reflect how the U.S. Supreme…