Judicially Mandated Diversity

31 Oct 2010

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Last month, United States Federal Judge Harold Baer Jr. generated renewed debate about law firm diversity when, in the course of a motion to approve a class action settlement, he ordered the two plaintiff firms to “make every effort” to appoint one female and one minority lawyer to the case.

The background and details are well covered at the Wall Street Journal Law Blog and Law.com.

Simply put, this is an egregious example of judicial overreaching, for at least three reasons.

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By: Franco Tarulli Category: Bar independence, Judges, Judicial conduct Tags: , , , , , , , , ,

Is Loser-Pay Coming to an End in the UK?

27 Oct 2010

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I’ve always been fascinated by the way other countries handle payment of the winning side’s legal fees and expenses. Why? Partly for the scintillating dinner conversation it makes; partly because it has a serious impact on the way lawyers and parties approach litigation.

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By: Franco Tarulli Category: Lawyers, Legal fees Tags: , , , , , , , , , , ,

Jurisprudential Virginity

25 Oct 2010

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This was too funny not to post:

Can’t take ourselves too seriously, now, can we?

Hat tip: Moin Yahya

By: Franco Tarulli Category: Lawyers

On the Making of Judges: the Bastarache Inquiry

25 Oct 2010

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The Bastarache Inquiry has prompted a lot of people in this country to seriously question our system of appointing judges.

But if there is a crisis of confidence, is it because the system is flawed? Or is it because of the way politicians operate it?

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By: Franco Tarulli Category: Courts, Judges, Judicial independence Tags: , , , , , , , , , , , ,

Should Sharon Keller’s name be “cleared”?

13 Oct 2010

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This story involves a Texas judge whose conduct is worthy of banana republic’s legal system.

Sharon Keller was asked to extend her courthouse’s hours so that the lawyers for a death row inmate could file an appeal that might have overturned the sentence.  The lawyers explained that they were having computer problems, and that this prevented them from filing on time.

Her reply?  ”We close at five”.

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By: Franco Tarulli Category: Judicial conduct Tags: , , , , , , , , , , ,
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