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'Standard of Review Decides Cases'

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  • Legalbear
    Inside Straight: Standard of Review Decides Cases Mar. 03, 2011 By Mark
    Message 1 of 1 , Aug 13 8:12 PM
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      Inside Straight: ‘Standard of Review Decides Cases’

      Mar. 03, 2011  By Mark Herrmann

      [Youtube search for “oral argument” “moot court” for more demos]

      Ed. note: This is the latest installment of Inside Straight, Above the Law’s column for in-house counsel, written by Mark Herrmann.

      Here are two stories, from nearly thirty years apart. They’re bookends on the subject of why standard of review counts.

      Travel back with me, if you will, to the summer of 1983. I’m ten minutes out of law school, and I’ve just arrived in the chambers of Judge Dorothy W. Nelson of the Ninth Circuit, for whom I’ll clerk. Our wise and sagacious predecessor-clerks — out of law school for an entire year! — are introducing us to the job. (We overlapped for one week.)

      One of my predecessor-clerks, John Danforth, asked the new group: “Do you think standard of review matters in appeals?”

      I knew the answer, and I was about to pop off: “Of course not! Once you convince the court that your side is right, the judges will do whatever it takes to rule in favor of your client. Standard of review is just a silly lawyers’ game.”

      Fortunately, Danforth talks quickly. Before I was able to make a fool of myself, he said: “Standard of review decides cases. It decides cases. That’s the most important thing I’ve learned in a year of clerking. Standard of review makes all the difference in the world.”

      Read the rest here: http://abovethelaw.com/2011/03/inside-straight-standard-of-review-decides-cases/



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