The Volokh Conspiracy - A Footnote You Wouldn't Want To See in a Court Opinion:

From Lopez v. Candaele, which I blogged about below:

This case is likewise not mooted by Defendants' recent revelation that the Policy was supposedly repealed in 2007.[2] First, the Policy continues to appear on the District's and LACC's websites.... Thus, Plaintiff, and other students and employees, can reasonably believe they are subject to the Policy and experience a chilling effect.

[2] We are chagrined that defense counsel and Defendants' representative who were present at the oral argument on June 10, 2009 were apparently ignorant of the status of a policy they purported to defend. This lack of preparedness is viewed with great disfavor.

Lawyers and future lawyers, take heed. Thanks to commenter Gabriel M. for the pointer.

	[Eugene Volokh, July 15, 2009 at 4:52pm] Trackbacks A Footnote You Wouldn't Want To See in a Court Opinion: From Lopez v. Candaele, which I blogged about below: This case is likewise not mooted by Defendants' recent revelation that the Policy was supposedly repealed in 2007.[2] First, the Policy continues to appear on the District's and LACC's websites.... Thus, Plaintiff, and other students and employees, can reasonably believe they are subject to the Policy and experience a chilling effect. [2] We are chagrined that defense counsel and Defendants' representative who were present at the oral argument on June 10, 2009 were apparently ignorant of the status of a policy they purported to defend. This lack of preparedness is viewed with great disfavor. Lawyers and future lawyers, take heed. Thanks to commenter Gabriel M. for the pointer.