Ernie the Attorney : searching for truth & justice (in an unjust world)
Updated: 6/5/2003; 11:02:58 PM.

 



















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Thursday, December 19, 2002

Law.com calls this the year of the blog - the article is by Robert Ambrogi, who recently started his own blog.
2:06:47 PM    


Trent Lott's Website Redesign - don't think that Lott is completely out of touch with modern times.  He's now using website redesign to reach out to those that he has offended.
1:29:27 PM    


What to do when you can't find a case on point?  - Howard informs us that "when no relevant law seems to exist, feel free to invoke the following statement found in a decision by Circuit Judge Richard A. Posner that the U.S. Court of Appeals for the Seventh Circuit issued today: "We cannot find a case on the point, but perhaps only because the suggestion is too outré to have been litigated.

I learned a slightly different technique from a fellow named Robert Wiegel (who had clerked on the US Fifth Circuit).  One day in the library I was trying to find a case that stood for the proposition that you couldn't get more in damages in a breach of contract case than you could have earned under the contract itself.  Seemed like an obvious proposition, and I thought that I had heard this ad nauseum in law school.  But, alas, I couldn't find a case that said that.  I was muttering about my dilemma when Robert overheard me.  After I explained my problem to him, he said "oh, well just do what I did whenever I came across that situation when I was writing an opinion for my judge.  Just say 'no case need be cited for the proposition that [fill in appropriate proposition].'"  Makes sense to me.

And sounds like Posner has similar, but more high-brow, system in place. 


11:45:12 AM    


© Copyright 2003 Ernest Svenson.

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