When Utah sued the federal government over the 2000 census, a census-taking technique called “hot-deck imputation” was on the hot seat. Utah was none too happy to have lost a representative based on its population estimate, so it argued that “imputation”—inferring who lives in a residence by looking at like neighbors—was essentially “sampling,” which is […]
Author Archive | Ross Guberman, guest-blogging
Power Verbs
Here are three sentences from Paul Clement’s Supreme Court brief against the Affordable Care Act’s individual mandate. When you see bolded language, I’ve replaced Clement’s evocative verb choice with typical lawyer talk. Take a stab at guessing what he actually wrote each time: In all events, the federal government gains nothing by asking the Court […]
Three Tips for Trial Filings
Trial filings are the Ugly Ducklings of written advocacy. Rarely do judges say, “Ross, I just read the most incredible motion in limine” or “Wow, you’ve got to see this memorandum in support of partial summary judgment that I just devoured.” Let’s face it, although most litigators hang around the trial courts, most of the […]
The Supreme Writer on the Court: The Case for Kagan
Justices Scalia and Kagan have joined forces on deer-hunting trips. Do they share the same gift for writing as well? In only a few years’ time, Kagan’s engaging yet biting opinions and dissents have astonished a once-skeptical Left — and have catapulted her to the top of the liberal bloc, if not the entire Court. […]
The Supreme Writer on the Court: The Case for Roberts
Here are two passages from a recent Supreme Court case called Already LLC v. Nike. Guess which Justice wrote each. Passage One “This brief, separate concurrence is written to underscore that covenants like the one Nike filed here ought not to be taken as an automatic means for the party who first charged a competitor […]