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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

16 Feb, 2018

Guns and the Supreme Court in the Last Decade

Author |Supreme Court|0 Comments

Firearm case law in the United States is largely based on decisions of the Supreme Court and federal circuit courts of appeals.  When tragedies like Parkland, FL or Sandy Hook, CT occur, Second Amendment supporters and detractors are quick to opine on the state of guns in America.

Today, we offer a quick look at how […]

14 Feb, 2018

Special Edition: A Recently Filed Petition

Author |Briefs Filed|0 Comments

Lee-Walker v. New York City Dep’t of Educ., Supreme Court docket number 17-1065.




To read this Supreme Court petition, click the heading to open this post, then follow the link!

12 Feb, 2018

A Cert. Worthy Argument

Author |Preparing Your Brief|0 Comments

While Supreme Court experts offer nuanced distinctions on how to construct the argument section in a petition for writ of certiorari, most agree that accounting for the difference in purpose between a cert. petition and a brief filed in the lower courts is essential.

The paramount difference between a petition and a lower court brief is […]

1 Feb, 2018

How to File a Stay in the Supreme Court

Author |Constitutional Law, Supreme Court, Supreme Court Rules|0 Comments

The Supreme Court receives thousands of filings. These include various types of briefs, motions, and applications. The motions and applications the Court receives may include issues such as motions to file amicus curiae briefs, motions or applications for filing date extensions, and applications for stays of orders from the lower courts. Stay applications are frequently […]

18 Jan, 2018

The End of the Death Penalty?

Author |Prisoners|0 Comments

 Could the death penalty – never far from the Supreme Court’s docket – be nearing its demise?  Few issues have caused the Court more discomfort since the turn of the Century.

While most states (31) authorize the death penalty, few of them actually use it.  As of January 1, 2018, there were 2,816 death row inmates […]

9 Jan, 2018

Pro se filing at the Supreme Court

Author |Prisoners|0 Comments

Pro se is a legal term that comes from Latin, denoting “for oneself, or on one’s own behalf.” It means that an individual is representing him- or her-self in court, by choice, without the help of an attorney. Given the state of our economy and the rising costs of legal representation, it should come as no […]

29 Dec, 2017

December 29th: Recently Filed Petition

Author |Briefs Filed|0 Comments

Cockle Legal Briefs is the leading printer of U.S. Supreme Court petitions. Read a recent filing here!
27 Dec, 2017

Oral Argument at the Supreme Court

Author |Supreme Court|0 Comments

Some attorneys view oral argument as a mere formality, particularly in courts where judges actually read party briefs in advance.  Counsel may think, “what can a few minutes of argument add to what a judge has already learned from reading pages-and-pages of my well researched, highly-persuasive brief?”

But, as wise lawyers know, oral argument can effectively […]

22 Dec, 2017

December 22nd: Recently Filed Petition

Author |Briefs Filed|0 Comments

Cockle Legal Briefs is the leading printer of U.S. Supreme Court petitions. Read a recent filing here!
7 Dec, 2017

Let Them Eat Cake? Masterpiece Cakeshop and the First Amendment

Author |Constitutional Law|0 Comments

No. 16-111; Masterpiece Cakeshop, Ltd., et al. v. Colorado Civil Rights Commission, et al.
The Facts:
In 2012, Respondents Charlie Craig and David Mullins visited Petitioner Masterpiece Cakeshop, a Colorado bakery, to request that its owner, Jack Phillips, create a cake for their same-sex wedding.  Phillips, a practicing Christian, declined their request, explaining that he would not […]