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Appellate Law

: Appellate Law and Practice

Monday Snark: Virginia is for appellate Finger-Pointing

By S. COTUS

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The Washington Post has an article describing how Virginia keeps having their legislation declared unconstitutional.  Some people blame the lawyers.  Some blame the legislature. 

Because it is Virginia, some blame Mexicans, Jews, the handicapped, or lady voterettes.

I blame the lawyers.  Obvious, a failure to get the result you want was due to inadequate blue-booking and a lack of detail-orientation.  If they were more detail-oriented and had not screwed up a table of authorities the substantive law would be different.  Also, some of the lawyers might not have going to schools with a global perspective on the law.  This is why the federal government never wins on detainee issues before the Supreme Court: low-ranked schools and bad blue-booking. 

Full post as published by Appellate Law and Practice on September 22, 2008 (boomark / email).

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