Blog

/Blog/

The Cockle Bur Blog

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

28 Dec, 2022

Pro Se Basics

2022-12-28T10:26:38-06:00December 28th, 2022|Tags: , , , |

 Are Pro Se Filers Treated Differently Than Lawyers? In general, pro se filers (individuals who represent themselves in a legal proceeding without the assistance of an attorney) are not treated differently than lawyers by the court. However, there are some differences in the way that pro se filers are expected to present their cases. For [...]

21 Dec, 2022

Immigration Policy Jumps from Fifth Circuit to SCOTUS

2022-12-21T11:16:39-06:00December 21st, 2022|Tags: , , , , , |

The controversial President Trump-era immigration restriction policy known as “Title 42” will temporarily stay in place this week, after Chief Justice John Roberts put a hold on lifting the mandate. In No. 22A544—an appeal from the United States Court of Appeals for the District of Columbia Circuit—19 states asked the Court to keep in place [...]

21 Dec, 2022

FEDERAL COURTS FAQ

2022-12-21T08:30:07-06:00December 21st, 2022|Tags: , , |

What Are the Federal Courts? The United States federal court system is a hierarchy of courts that interpret and apply federal law. At the top of the system is the United States Supreme Court, which is the highest court in the land and the final authority on matters of federal law. Below the Supreme Court [...]

14 Dec, 2022

SUPREME COURT FAQ

2022-12-21T11:18:38-06:00December 14th, 2022|Tags: , , , |

What is the Supreme Court? The Supreme Court of the United States is the highest court in the federal judiciary. It was established by the Constitution of the United States, which was adopted in 1787. The Constitution grants the Supreme Court the power to hear appeals from lower federal courts and state courts, as well [...]

12 Dec, 2022

Federal Courts Explained—Eighth Circuit

2022-12-12T07:04:41-06:00December 12th, 2022|Tags: , , |

The United States federal court system is a hierarchical structure consisting of three levels: the district courts, the courts of appeals, and the Supreme Court. District courts are trial-level courts who have jurisdiction over a wide range of federal cases, including criminal cases, civil cases involving federal law, and cases involving federal agencies. The courts [...]

6 Dec, 2022

Supreme Court Ditches Amicus Consent Requirement

2022-12-06T16:26:08-06:00December 6th, 2022|Tags: , , , |

The Supreme Court adopted a variety of rule changes this week, effective January 1, 2023.  The new rules will shift the way filers prepare their briefs, from the use of “passim” in a table of authorities to the preparation of merits stage joint appendices.  Perhaps the largest change, however, relates to the elimination of the consent requirement [...]

1 Dec, 2022

Will the Supreme Court Address Student Loan Forgiveness?

2022-12-01T12:19:16-06:00December 1st, 2022|Tags: , , , , |

After President Biden announced $10,000 to $20,000 in broad student debt relief for federal borrowers this summer, an array of conservative lawsuits was filed seeking to block, then reverse, the policy. Six Republican-led states argued last week that the U.S. Supreme Court should at least keep President Biden’s student debt forgiveness policy on hold while [...]

25 Nov, 2022

Does the Supreme Court Have a Leak?

2022-11-25T09:57:34-06:00November 25th, 2022|Tags: , , , , |

A November 19th New York Times report alleges that Supreme Court Justice Samuel Alito purposefully leaked a 2014 draft decision weeks before the Court’s ruling in Burwell v. Hobby Lobby, a landmark ruling on contraceptive rights and religious liberty.  This comes just months after another draft opinion was leaked in Dobbs v. Jackson Women’s Health Organization, [...]

11 Nov, 2022

Ninth Circuit Finds Time Spent Starting Computers Compensable

2022-11-11T12:15:28-06:00November 11th, 2022|Tags: , , |

The U.S. Court of Appeals for the Ninth Circuit recently held that employers who decline to pay employees for time spent waiting for computers to "boot up" could be in violation of the Fair Labor Standards Act (“FLSA”).  The appeal, Cadena v. Customer Conexx LLC, No. 21-16522 (9th Cir. 2022), reversed a prior U.S. District [...]

10 Nov, 2022

What Was Justice Jackson’s First Opinion?

2022-11-10T14:54:25-06:00November 10th, 2022|Tags: , , , |

Newly confirmed Justice Ketanji Brown Jackson issued her first Supreme Court opinion this week, a brief dissent in support of an Ohio death row inmate. In a two-page order, she disagreed with the full Court’s decision not to take up an appeal brought by Davel Chinn, who shot and killed a man during an attempted [...]