Thursday, September 18, 2008

SUBSTITUTE BLOGGER

While David battles the forces of evil in West Palm Beach (not to mention I-95 traffic)  I have agreed to post some thought provoking articles. It's either my drivel or staring at David's post announcing the start of the Joe Cool trial for the next few weeks. 

I realize this is the Federal Blog, and there is a certain level of decorum that is expected. (Click here for my idea of decorum). So I won't be duplicating my state court blog posts and ponder cross dressing judges or lawyers and clerks being caught under the bench canoodling. Just log on to the Broward Blog if you need more of that. 

This NY Times Article on the  diminishing impact of US Supreme Court decisions in foreign jurisdictions caught our eye. After years of Supreme Court Judges bashing Justice Kennedy and his citations to foreign decisions, the courts of other nations have decided to reciprocate. 

From the article:

"One of our great exports used to be constitutional law," said Anne-Marie Slaughter, the dean of the Woodrow Wilson  School of Public and International Affairs at Princeton. "We are losing one of the greatest bully pulpits we have ever had."

From 1990 through 2002, for instance, the Canadian Supreme Court cited decisions of the United States Supreme Court about a dozen times a year, an analysis by The New York Times found. In the six years since, the annual citation rate has fallen by half, to about six.

Australian state supreme courts cited American decisions 208 times in 1995, according to a recent study by Russell Smyth, an Australian economist. By 2005, the number had fallen to 72.

Rumpole asks: does it matter? Do we want to be recognized and admired for our legal system, or do we just not give a damn about what the rest of the world thinks about us?

Personally, we think this just highlights a trend of diminishing American prestige and influence among the rest of the world. 

When the Supreme Court issues decisions like it did in  Bowles v. Russell, 551 U.S. ____2007, closing the courthouse doors to a prisoner, who following a federal judge's instructions filed a notice of appeal on the 17th day after a decision, when the law only gave him 14 days, there is nothing much for us to be proud of. The decision in Bowles prompted this outburst from Justice Souter:"it is intolerable for the judicial system to treat people this way." He added, "There is not even a technical justification for condoning this bait and switch."

Based on how our system treats its own citizens, we think it's not surprising that the rest of the world relies less and less on what our judges write. Now how we treat our insurance companies and brokerage houses that go belly up- that's an entirely different story. 

Go get em David. 

See You In Court. 

31 comments:

NOT Rumpole.... said...

Rumpole, will you be next?

Anonymous said...

Substitute blogger? You mean Scab blogger.

Rumpole said...

SCAB??????? Where I come from, that allegation gets settled with a baseball bat across the knees. I've never crossed a picket line in my life. And I never will (unless the fee is very high).So there.

Anonymous said...

HEY RUMPOLE --

Bet you wish you could sensor this blog too! A-Hole.

Now that Rumpole is in da hisow - please feel free to post whatever scandalous things you like - even if based upon hearsay...remember, this does relate to Federal Court and there, the accuser always gets all the extra judicial statements in he can handle!

CAPTAIN said...

to 1:51

Great comment 1:51, kind of reminds me of when my four year old son was outside one day with the neighbor's four year old and they were saying to each other, "you're an a-hole", no "you're an a-hole".

So, in response to your intelligent comment:

"no-you're the a-hole".

get a life.

Anonymous said...

Captain,

Did you trip and fall and have your peg leg run up somewhere that makes you uncomfortable?

Obviously you have as much a sense for sarcasm as your 4 year old...

Rumpole is great - calling him an a-hole with a capital "A" is a badge of honor for him. Just ask Ed Williams.

Right Ed?

Anonymous said...

Also, Captain, or should I say "M.C."...Rumpole is certainly capable of defending himself.

Elections Mess... said...

The Florida Third District Court of Appeal has ordered the Miami Dade Elections Department to respond to the Emergency Petition filed by Candidate Darrin McGillis, by 10:00 a.m., Monday, September 22, 2008. To view the Court order


http://www.mcgillis4clerk.com/Order%20of%20Appeals%20Court%20Mcgillis%20v%20Elections%20dept%20sept%2019%202008.pdf

Anonymous said...
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Anonymous said...
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Anonymous said...

"a write in campaign"???

traffic lawyer said...
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Ed Williams said...

I truly dislike my name being taken in vain, likely by some punk, possibly Harvard trained dipstick "trial" lawyer. Just remember what the word "rump" means. As sorry/silly as this blog can be at times, the guest blogger is a horse's rump. (Bat across the knees is OC talk, not attorney speak).

There are truly curious doings in our Federal court and at the US Attorney's office that deserve scrutiny and discussion. So why all the "trash" talk? Egos in the way, eh? Why not check out a recent sealed case disposition where the defendant was released after pre-trial detention, just before trial. A defendant who years ago, according to the G, sought to have someone kill the AUSA, agent, and MJ on his case.

And of course, our old-time judges lament for the days when competent prosecutors appeared before them. (The newer ones don't know the difference as they are hung up on the USSG and do not know the joke about a USDJ and G-d).

Rumpole said...

I'm not OC just old school. And I didn't say I would use the bat. I abhor violence. It's why I'm a trial lawyer. What I said was "where I come from ..." And that happens to be the truth.

Rumpole said...

BTW- David's looking for a few guest bloggers. Why don't you email him and I am sure he will give you a vine.

Anonymous said...

1. They're "Supreme Court Justices," not "Supreme Court Judges."

2. Can we get some font consistency? My eyes are watering here.

3. As has been pointed out elsewhere: if the failure of foreign courts to cite our courts is the result of "diminishing American prestige," what better proof could there be that the entire exercise is rooted in politics rather than law? If citing foreign decisions actually had something to do with reaching the jurisprudentially correct result, America's relative prestige level would be irrelevant.

Anonymous said...

Hey Tennille - you are a state court hack. Stay on the state hack blog where you belong. Seriously.

And Rumpole - you do censor. You're a bit of a has-been. And not so bright. Or funny.

Rumpole said...

Not Bright????
Not funny?

Thanks a lot Mom.

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Anonymous said...

Hey, 7:10 AM theres a difference between can't and won't, so again get your facts together.

While you are at it try some real lawyer work in which that tiny pea brain actually has to operate.

Rumpole should hook up with you so the two brains you guys have might just equal one.

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Anonymous said...

David - PLEASE delete all this back and forth stuff - has no place on your distinguished blog.

Anonymous said...
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Anonymous said...

Oh, you don't want to admit the threatening letters you sent Ruvin about your records? Rumpole doesn't know about those, but I do.

Anonymous said...

NAME AN INDIANA BASKETBALL PLAYER; A MARLINS BASEBALL GAME; AND CAPTAIN PRO SE

WHAT IS A HOOSIER, A SNOOZER, AND A LOSER?

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Anonymous said...

This is really low brow state court blog banter, that followed rumpus. ick....

Rumpole said...

Sorry Guys But I took my boat to the Bahamas this weekend. I get back and what do I find? The Dolphins beat the Patriots and some obsessed fan is calling me names on this blog. Really, we need a little more class here.