I saw the debate about the opinion in @tedfrank's class action case yesterday. I think I've said my piece on that (tldr: more and more I'm on Team Dry Opinions).

Put that aside, I thought I'd do a little experiment - take a few passages and strip out the flourishes 1/
#1, the intro
#2, Lucas-schlock
#3 Erie
Obviously you can do what I do just by reading the opinion, but it helped me to fiddle with it a little. Take a look and see what you prefer.

This made me think the flourishes are *less* helpful/interesting than I did before. But I'm easily persuadable. #AppellateTwitter.
I've totally changed my view on this, to be clear. I was definitely a "verbal repartee opinion guy" at one point, even though I clerked for two very sober judges in terms of tone.
Oh, one other note: *I* think my edits reveal that the opinion is actually quite nicely drafted once the shiny baubles are removed.

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More from @RMFifthCircuit

1 Jun
Some cool news: my colleague Eric Boettcher's amicus brief (when he was still in Minnesota) was cited twice in Justice Breyer's opinion in U.S. v. Cooley

Brief: supremecourt.gov/DocketPDF/19/1…

Op. supremecourt.gov/opinions/20pdf…

#AppellateTwitter
Other than a DIG or something caused by an amicus, this is the amicus blue ribbon it seems to me, so nice job Eric!
I will add - this piece of work is what I'm talking about when I say you have to be a little maniacal about appellate work. Here, Eric put himself in a position to write a brief as counsel of record when I'm sure this was not the most profitable thing he could have been doing.
Read 4 tweets
31 May
Finally broke down and bought myself an ooni pizza oven (the smallest gas one)

Total delight. Some learning curve today with the first pies (you really have to turn the pizza aggressively) and I got the temp a little wrong. But it’s a great little machine.
Pics tomorrow on round 2. But flavor was amazing - and really cooks in the advertised 90 seconds.
I’m having my parents over for Sunday lunch, and I’m going to make 5 or 6 pies, so I’ll give it a real workout.
Read 11 tweets
29 Apr
I really enjoy these super-textual Gorsuch opinions.

supremecourt.gov/opinions/20pdf…
You can tell he just delights in them

"Oh I'm being too literal? Too sad too bad!"
"I see, so my interpretive philosophy makes the government very sad. I bathe in its distress!"
Read 4 tweets
29 Apr
I've had cases against two similar testers - one, a man in NYC who would sue each store up and down a New York avenue for failing to have ramps, and another who would buy a bottle of each pill at the health food store and then assert they didn't work.

CA5 says no standing.
I don't mean to imply these cases are meritless. Some are (vitamin guy), some aren't.
Whoops, forgot the link. ca5.uscourts.gov/opinions/pub/2…
Read 4 tweets
28 Apr
I genuinely thought the way jobs work is that you see an available job and apply for it, and it sort of works that way right out of law school, but afterwards it’s all a jumble of networks and asking people and lunches.
Which, like, if you don’t like any of those things is an issue, but you’ve got to find a way to do it.

And here we are on Twitter.
On this point, I know the legal market in Houston pretty well. It’s big, but honestly if you just find one person with a good network you can wangle an invite to coffee with any significant person in the field you want. There just aren’t that many lawyers.
Read 5 tweets
27 Apr
It’s remarkable how the culture of bad high end restaurants resembles that of bad law firms. 1/ nytimes.com/2021/04/27/din…
Drug and alcohol abuse Image
Nasty behavior, but everyone says it’s how to learn Image
Read 9 tweets

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