Brian Wolfman
@brian_wolfman
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public-interest lawyer he/him
District of Columbia, USA
Joined August 2011
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@wpjenna
One thing I don't get: On the claim that Trump walked in the dressing rooms of naked beauty pageant contestants, Trump boasted about it on the Howard Stern show years ago. Why doesn't that get brought up?
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@AaronBlake
Thanks
@AaronBlake
. It's fair game to disagree about the reasons for crime. The mysogyny is not fair game.
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@danepps
Tom is retired. Maybe he came out to write this opp. But I think it just means that someone is using Tom's template (and didn't scrub the metadata). I've used his templates myself. But he did not write my briefs!
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@lawrencehurley
@lawrencehurley
. Note that SG's letter says that he addressed the equal-protection claim in his opening brief, but does not provide a citation to the brief. If I'm reading that brief correctly, the e-p issue is addressed in a short, conclusory paragraph at the bottom of p. 54.
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Huge news:
@hannnahmmarie
and Betty of
@ImmersionClinic
has won the best dressed Holiday Pet contest for all of
@GeorgetownLaw
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1 - Brief-writing thread:
Someone on this website asked recently something like "What should I do about capitalization in a brief's headings?"
Fwiw, here's what we do at
@ImmersionClinic
on that topic (& a related one). cc:
@legalwritingpro
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@ssamcham
His base *thinks* he approved of the chants because he *does* approve of the chants. His supposed retraction is absurd. The chants are nearly exact echoes of what Trump himself said days earlier.
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@EdWhelanEPPC
Thank you for this
@EdWhelanEPPC
. One comment: True, many people were "duped" by Trump. But many in power over the last 4 years were (obviously) not duped; they knew *exactly* what they were getting. See, e.g., Lindsay Graham's statements about Trump during the 2016 campaign.
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The MacArthur Justice Center is hiring a Supreme Court & Appellate Counsel. The person selected for this position will litigate high impact appellate cases. Go here:
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@rkschiz
"That position is confounding."
"With all respect, this argument borders on the frivolous."
"That cannot be right." [and then explain]
"If that argument were right, then Y would be free to [then explain across-the-board ramifications of Y's position]"
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Much can be said about this admirable thread, but, for now, I will leave it at this: It took great courage to get this out there.
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@JonahPerlin
It's really hard to beat Abner Mikva on this topic (though I try when I teach about them): "If footnotes were a rational form of communication, Darwinian selection would have resulted in the eyes being set vertically rather than on an inefficient horizontal plane."
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@JoshuaMatz8
Nice: "The ordinary and effective functioning of the Legislative Branch critically depends on the legislative prerogative to obtain information, and constitutional structure and historical practice support judicial enforcement of congressional subpoenas when necessary."
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@mjs_DC
Was there any indication that he might be in the middle of the Court? I don't recall any.
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Hey folks! Here's a public-interest job opening at
@GuptaWessler
. They're looking ideally for a lawyer with 5 or more years' experience (including clerkships). Great job, working with great people!
Here's the announcement:
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Adding one other thing I just learned abt
@Avi_WA
of
@WHYYNews
arrest while reporting on protest. Arrested with 7 protesters. All had masks confiscated by Philly police. 8 ppl then crammed unmasked in police wagon & taken to N. Phil. police precinct. Booked. All unmasked.
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Thanks Gabriel! Our twitter handle is
@ImmersionClinic
!
7th Cir. holds that it violates the FMLA for an employer to discourage an employee from taking leave even if they ultimately do not deny a leave request.
A win for the students and staff at the
@GeorgetownLaw
Appellate Courts Immersion Clinic.
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@GeorgetownLaw
's
@ImmersionClinic
is hiring its 2023-2025 fellow.
Mentor law students on public-interest appeals!
Argue important cases in federal courts of appeals!
#appellatetwitter
#lawjobs
APPLY HERE:
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Go to
@RimaSirota
's article explaining that in 45 years since advent of lawyer CLE *no* evidence shows that CLE protects the public, so present-day CLE is "indefensible." She looks to changes in medical CLE as a possible path forward:
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@LeahLitman
You are right. This is important and courageous testimony that everyone should read. Note that one of the persistent beliefs Ms. Warren debunks here--that harassment and sexual assault is about "attractiveness" not abuse of power--is championed by the president of the u.s.
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@marty_lederman
Right. Wasn't that the point of the last portion of Rep. Schiff's closing? He preemptively identified the likely Trump responses, outlined the basic replies to them, and put them in nice little boxes so that others can easily ID them and respond in more detail down the road.
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@AaronBlake
Sure, Tommy. Let's stop right now. Biden is at 270, and he's the president on January 20.
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@danieltdeacon
Or just get rid of the bar exam? Please cite to me the best evidence that the bar exam protects the public.
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What is the difference at a big law firm between a senior associate and a managing associate? I never heard of the last category until today.
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@OrinKerr
Yep. Scratched it out of hundreds of draft briefs. But not *necessarily* false confidence, rather than (bad) habit or bombast. As Twain said: “Substitute 'damn' every time you're inclined to write 'very;' your editor will delete it and the writing will be just as it should be.”
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@MatthewStiegler
@PhillyInquirer
The “has his faults” thing is silly. Everybody has faults. The editorial board people have their faults. Is there someone who doesn’t?
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Planned Parenthood Federation of America is hiring at least three litigators plus a policy counsel. Minimum salary 110K for the litigator and 100K for policy counsel.
Job announcements here:
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Fwiw, I agree with this tweet from
@finedr1965
:
Fine's point is a variant on a more general point of good brief writing:
Don’t wait for your opponent’s brief to explain a “bad” authority or argument that you know darn well is relevant
Another observation from yesterday’s PA Supreme Court oral arguments: really good advocates build credibility with the court by acknowledging bad facts and difficult authority and then explaining why they should win anyway.
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@smmarotta
Doubles, triples (even quads) -- & not good. Many judges obviously view this as good for them, and so do (presumably) the people who gobble up the doubles & triples, but it's bad for many perfectly capable (& otherwise similarly situated) people who, increasingly, are zeroed out.
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Job News! The Georgetown Univ. Health Justice Alliance at
@GeorgetownLaw
is hiring a 2-year clinical teaching fellow. Go here for more information:
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@AaronBelkin
Could you point me to a more detailed explanation of how to determine which decisions are egregiously incorrect & important enough not to follow? Thank you.
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From the Guardian: "Which US states make it hardest to vote?" Ala and Va are the worst. Lots of details and an interactive map!
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@jblumgart
Nothing good is going to happen? How about the joy people get from the celebration?
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New Covid-19 rules from the CA9, including automatic 60-day extensions of briefs (by notice) and no need for paper copies of briefs or record excepts.
#appellatetwitter
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Hey
#appellatetwitter
#appellatejobs
, check out this great sounding opportunity to design and direct a new Federal Appellate Immigration Clinic at U. Md. (Contact us for a more expansive job announcement.)
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2 - Capitalize the first letter in the first word of every heading, and then use the same capitalization rules you would use if the sentence or phrase were not a heading.
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With a Senate vote today, Congress has now overturned a Betsy DeVos rule limiting student-loan debt relief. Will Trump sign or veto?
@ConsumerFed
@Public_Citizen
Go here to read more:
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Why shouldn't the House reconvene as soon as it is able and impeach the president?
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The Gov't in Harvard v. DHS has settled the TRO/PI issues. Gov't has agreed to rescind the policy directive and the FAQs. Motion is mooted. Case remains open, but for now a victory for the plaintiffs!!
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Start your Sunday morning learning what consumer protector and congressperson
@RepKatiePorter
is up to:
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@GeorgetownLJ
online just published my baby essay on the admin-law implications of the Supreme Court's decision re DACA, the Obama-era policy benefitting the Dreamers. Go here:
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@SomilBTrivedi
@ACLU
@ACLUaz
That's a righteous suit! We at
@ImmersionClinic
wrote about these kinds of coercive plea bargaining tactics several years ago in the en banc Fifth Circuit. See our brief here, beginning at page 25:
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The Fresno Bee is the biggest paper in Rep Devin Nunes's House district. It just ripped into Nunes, calling him "Trump's stooge."
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@steve_vladeck
@alahav
C’mon! I’ve been filing on PACER regularly since it’s inception. I get PACER filings on a near-daily basis. I’ve NEVER seen that happen, not once.
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So, how long do you think Trump's been lobbying for this endorsement?
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Planned Parenthood Federation of America is hiring at least three litigators plus a policy counsel. Minimum salary 110K for the litigator and 100K for policy counsel.
Job announcements here:
and here:
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@jsovern
has written this open letter about forced arbitration to the new director of the
@CFPB
Rohit Chopra.
#EndForcedArbitration
@FPBland
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@ZoeTillman
Note that the majority decision of Srinivasin and Wilkens is per curiam, an effort, I would assume, to denote its importance and that it flows from basic, well-established legal principles.
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Seen on
@politicalwire
: An app for IPhone called “Police” enables your phone to secretly record officers and send the info to a predetermined contact: .
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@JonahPerlin
@VoxPrudentia
Be comprehensive, clear, & truthful. Don't use techniques that attempt to bend the reader's mind, b/c your reader is likely sophisticated & will know you're spinning them. Get brownie points for credibility, while preempting the bang your opponent will get from the same facts.
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This case was handled by
@ImmersionClinic
. Great work by clinic fellows Natasha Khan and Regina Wang & former clinic deputy director (and now
@BU_Law
prof & clinic director)
@maddiemeth
.
On Wednesday,
#BULawProf
@maddiemeth
brought Civil Litigation & Justice clinic students Jaimee Francis ('24) & Brianna Jordan ('24) to observe
#SCOTUS
case Muldrow v. City of St. Louis. Meth is co-counsel w/former colleague
@GeorgetownLaw
Prof.
@Brian_Wolfman
who argued the case.
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Learn to make BABKA(!) tomorrow afternoon w/
@SixtandI
&
@sonnyspizzadc
& help Covid-affected restaurant workers all the while. And after Babka, learn to make bagels and holiday donuts too!
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I urge you to listen to the latest superb
@throughlineNPR
episode (that's
@NPR
's great history podcast). This one is about science-fiction icon Octavia Butler. Go here:
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Georgetown Law is looking for experienced public-interest lawyers to mentor the next generation of law students. Is that you? Apply now to the inaugural Fall 2022 class of Blume Public Interest Leaders in Residence Program!
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@GeorgetownLaw
's office of public interest advising is hiring a public-interest law career counselor. Please spread the job announcement far and wide:
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@pulvinator
That's odd. That court years ago gave me a middle initial and then used it consistently when sending me notices/letters/filings.
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A correct (and just) decision. Cf. FRAP 47 on local appellate rules and their limits.
#appellatetwitter
#CA6
#lawtwitter
Judge Sutton with a new published opinion about local rules and appellate jurisdiction:
"The power to enact local rules, generally speaking, does not include the power to deny appellate jurisdiction."
#appellatetwitter
#lawtwitter
#nerdtwitter
#CA6
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@JudgeDillard
With respect (knowing that I'm talking to a judge), perhaps there's something to be said for judicial opinions that are not mean and are not written to amuse oneself.
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@adamliptak
That is hilarious. A briefette if ever there was one. Does the brief have to be bound in booklet form? Does it need a TOA and TOC?
#appellatetwitter
@RuthanneDeutsch
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Why didn’t Philly police respond to white men with bats? Fishtown neighbors wait for answers. Read this story by
@awmoselle
@WHYYNews
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@davidaxelrod
This is not so much about the mis-"handling" of a crisis, but about someone who lacks (or has lost) a moral foundation. Someone with an ounce of decency wouldn't lie like this in "handling" a crisis.
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Listen to the latest from the great history podcast
@throughlineNPR
After seven months of investigation, the Kerner Commission concluded that the civil unrest happening across the nation was spurred on by one overarching factor:
White racism.
Full story here:
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Read this about a
@ImmersionClinic
appeal
Overruling Its Precedent, D.C. Circuit Strikes Limit On Discriminatory Job Transfer Claims
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1 - Read "Obstruction of Journalism" by my friend & colleague
@erinccarroll13
. Erin explains that journalist status used to mean "safer passage" through "dangerous terrain." Today, the journalist is "more likely" to be a target of violence. Go here:
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Read article by
@renaemerle
of
@washingtonpost
on growing eviction crisis as eviction moratoriums expire. Something has to be done to help tenants in crisis (or averting massive homelessness), and it can't be extending the patchwork of moratoriums.
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Read CA6 mandamus pet () by
@aeschulman
@FrankBednarz
alleging improper ex parte contacts btw court & parties (but excluding objectors) in Flint water cases, citing
@elizabethcburch
. cc:
@alahav
@Adam_Zimmerman
@AlisonFrankel
@btfitzpat
#appellatetwitter
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Purdue cert grant () could lead to most imp agg-lit result in decades w/large effects not only on bankruptcy but class actions & beyond. Beginning way back in 1995, we argued bankruptcy law bars release of non-debtors & if it doesn't, due process does.
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MungerTolles says it was “wrong” to shove mandatory arbitration down throats of its employees. Sure. But worse for MT’s corp. clients, who no doubt MT defends in shoving arb down throats of poor consumers/workers with less bargaining power than MT law students and associates,
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Former Director of the Consumer Financial Protection Bureau
@RichCordray
opposes the
@AmLawInst
's draft Restatement of the Law of Consumer Contracts. Read Cordray's opp letter here:
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Interesting CA11 today about why the "advisory" Sentencing Guidelines are not always advisory.
#appellatetwitter
@MatthewStiegler
@shonhopwood
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@DaveDaviesWHYY
@WHYYunion
Great thread. I've worked at non-profits my entire work career. By the time there was an organizing campaign at a place I worked for 20 years, I had become management, but I supported unionization for the reasons you have articulated here better than I did then.
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Thanks
@JoshuaMatz8
. This stuck out: "For each person cycled through Cook Cty Jail, our research shows an additional 2.149 cases of Covid-19 appeared in their ZIP code within 3 to 4 weeks after the inmate’s discharge. At least 60% of these cases were in Black-majority ZIP codes."
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Are you a public-interest lawyer who wants to mentor and inspire students at
@gwlaw
interested in public interest law? Be a Richey Fellow! Apply here:
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A short post on the allegation that Monsanto is paying a tort plaintiff to appeal a tort judgment *favorable* to Monsanto: .
@alahav
@Adam_Zimmerman
@AlisonFrankel
.
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@JonahPerlin
@MooreWright05
@RMFifthCircuit
I write down all the questions and what I think are the best answers (but not on note cards)! I then take walks and ask myself the questions and answer them. It's a prep technique, unrelated to what you bring to the podium. Cf what
@MatthewStiegler
was saying.
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This position is laid out at some length in historical context in historian Eric Foner’s 2019 book The Second Founding.
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@chiproytx
@AaronBlake
@realDonaldTrump
With respect
@RepChipRoy
has it wrong. Accused people should not be presumed guilty. The problem is Trump's grotesque, racist double standards. He "convicts" the accused (and even the unaccused) all the time. Compare his reaction, for instance, to Central Park Five.
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6 - This convention avoids endless debates about which words should begin with a capital letter.
Besides, pretty-much-agreed-upon grammar rules already exist about capitalization generally.
& we find that sentences w/lots of capitalization are clunky & more difficult to read.
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