Never Too Late

Greetings from Baby Land, a blissful place where time both stops and races by, simultaneously. I've been hoping to point to a few things; you've probably already been/done, but this post is mostly therapeutic. I have the feeling I'll need to get used to being behind the curve on blogospheric developments, at least for a while. In no particular order...

• Howard Bashman interviews Judge Richard A. Posner, who shows no signs at all of "run[ning] out of steam."


• The Ninth Circuit denies rehearing en banc in Batzel, and Judge Gould's partial concurrence/partial dissent includes a hypothetical that demonstrates the good Judge's thorough familiarity with the wonderful world of legal weblogs. More links, etc. from Howard.


• Andrew Zangrilli's Editor's Corner at FindLaw's Modern Practice highlights blawgs and the Blogbook.


• A hearty welcome back to David Giacalone, who also was kind enough to point me toward Tyler's first IP lesson: Dutch police arrest Bert and Ernie.


• Who needs a publisher's advance when there is PayPal? RB is writing another book, and you can help.


• Mad Kane waxes Oklahoman in a tribute to our head of state. Do be sure to click through to Mad's post; not only is it characteristically knee-slapping, but she also notes some interesting search results. (Did anyone listen to yesterday's radio address? Don't you agree the Presidential staff should insist W. run through those things a few more times before they switch on the mic? As long as we're on this topic, I'll also say how much I'm enjoying the Anne Lamott book that one of you recommended, Operating Instructions: A Journal of My Son's First Year. Anne is a witty and heart wrenching writer, and no fan at all of the political right: "I wish Sam didn't have to grow up in such a violent scary world. There's so much cancer, so much plague; there are so goddamn many child snatchers, psychopaths, Republicans. It's all so nuts these days. When did that happen?")

Never Too Early

Tyler had his first Coltrane this afternoon. Aaaaahh. No postpartum blues, but plenty of classic jazz.

Matt, Spam, On Tech TV

Congratulations to Matt Round, the UK blogger and Web designer who helped me whip Bag and Baggage into shape. His hilarious Programming Language Inventor or Serial Killer quiz was featured on tonight's Tech Live. Tomorrow, the network will broadcast an excellent looking Spam Attack open mike special.

Let's Talk

Appellate litigants and practitioners in California tend to be big fans of the fact the Fourth District, Division 2 of the state's Court of Appeal issues tentative opinions. Attorney Dan Mrotek and his client Jose Guadalupe Reyes Pena were less pleased though with the notice (PDF) the court sends when it feels oral argument in a case to be unnecessary. Among other things, the notice invites parties and counsel to waive oral argument, advises the court has determined that "oral argument will not aid the decision-making process," and warns that sanctions may be imposed if counsel repeats any of the arguments included in the briefs. Mr. Mrotek and his client initiated an appeal that resulted in the California Supreme Court considering the following issue at oral argument yesterday: "Does the standard oral argument waiver notice used by the Court of Appeal, Fourth District, Division Two, improperly infringe upon a defendant's right to oral argument?"

According to reports from various legal news sources (none readily linkable, I'm afraid), the Justices left little doubt that their answer to this question will be "Yes." My colleagues Jim Martin and Ben Shatz worked on two amicus briefs (an initial brief, and a supplemental one; both PDFs) in this case, submitted on behalf of the California Academy of Appellate Lawyers. Jim, the Academy's President, is quoted in a Daily Journal article of today's date: "Even if oral argument notices stop short of actively encouraging a litigant's 'day in court,' they should not denigrate the value of oral argument, expressly or by implication. The notice at issue here . . . crosses that line."

One Week Down, A Lifetime To Go

Welcome to Tyler's one week birthday, mother and baby are doing fine. Actually, that hackneyed expression fails so utterly to capture the joy in this experience I'm ashamed to have typed it. But time is precious (he's asleep, but not for long), so there it stays.

Some un- or undersung heros deserve thanks for the smooth sailing we have had to date.

• John Bonica, who is "credited with developing the epidural block to relieve the pain of childbirth." Dr. Bonica died in 1994, and no doubt his grave is spangled with tribute in a way that puts Jim Morrison's to shame.


• The creators of Lansinoh, Colace, and the Boppy.


• Our birth doula, Jody Jenson. Beyond awesome.

I understand some interesting things have been going on out here and at the California Supreme Court during the last week. Links to come.