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	<title>Comments on: Please let this never happen to me (appellate advocacy division)</title>
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	<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/</link>
	<description>A blog from the hills in North Mississippi</description>
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		<title>By: Ashton R. O'Dwyer, Jr.</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-969</link>
		<dc:creator>Ashton R. O'Dwyer, Jr.</dc:creator>
		<pubDate>Sat, 04 Apr 2009 15:16:38 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-969</guid>
		<description>To MF:Yes, I&#039;ve heard of the Ninth &quot;Circus&quot;, which I believe may be the most reversed Circuit in the entire USA. Thank goodness I didn&#039;t practice there before I was disbared! The &quot;point&quot; was and is that the Fifth &quot;Circus&quot;, through its member Judges, is trying very hard to ruin its reputation as an institution, by deciding cases on the basis of &quot;politics&quot; rather than compliance with the oath of office. As I learned in Mississippi as a boy (my family had a summer home in Waveland, which was destroyed by CAMILLE) &quot;shitville&quot; is the same all over the world (our maids lived in &quot;shitville&quot;); and &quot;scum-bags&quot; are scum-bags, whether they sit on the District Court, the &quot;Cirucs&quot;, or SCOTUS. AROD.</description>
		<content:encoded><![CDATA[<p>To MF:Yes, I&#8217;ve heard of the Ninth &#8220;Circus&#8221;, which I believe may be the most reversed Circuit in the entire USA. Thank goodness I didn&#8217;t practice there before I was disbared! The &#8220;point&#8221; was and is that the Fifth &#8220;Circus&#8221;, through its member Judges, is trying very hard to ruin its reputation as an institution, by deciding cases on the basis of &#8220;politics&#8221; rather than compliance with the oath of office. As I learned in Mississippi as a boy (my family had a summer home in Waveland, which was destroyed by CAMILLE) &#8220;shitville&#8221; is the same all over the world (our maids lived in &#8220;shitville&#8221;); and &#8220;scum-bags&#8221; are scum-bags, whether they sit on the District Court, the &#8220;Cirucs&#8221;, or SCOTUS. AROD.</p>
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		<title>By: MF</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-928</link>
		<dc:creator>MF</dc:creator>
		<pubDate>Fri, 03 Apr 2009 21:34:38 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-928</guid>
		<description>Ashton R. O&#039;Dwyer, Jr., you&#039;ve apparently never read or even heard about the 9th Circuit.  It&#039;s unusual for its cases that go to SCOTUS to be *confirmed*!  It&#039;s overturned so often, it&#039;s pretty much assumed that any ruling from that circuit will be appealed to SCOTUS.</description>
		<content:encoded><![CDATA[<p>Ashton R. O&#8217;Dwyer, Jr., you&#8217;ve apparently never read or even heard about the 9th Circuit.  It&#8217;s unusual for its cases that go to SCOTUS to be *confirmed*!  It&#8217;s overturned so often, it&#8217;s pretty much assumed that any ruling from that circuit will be appealed to SCOTUS.</p>
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		<title>By: Ron Miller</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-862</link>
		<dc:creator>Ron Miller</dc:creator>
		<pubDate>Thu, 02 Apr 2009 14:56:11 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-862</guid>
		<description>I would hope Anderson&#039;s point about Scalia&#039;s clerk not doing a serach is correct. Or a lot of us would be in trouble before him.</description>
		<content:encoded><![CDATA[<p>I would hope Anderson&#8217;s point about Scalia&#8217;s clerk not doing a serach is correct. Or a lot of us would be in trouble before him.</p>
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		<title>By: Commentor</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-856</link>
		<dc:creator>Commentor</dc:creator>
		<pubDate>Thu, 02 Apr 2009 11:02:10 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-856</guid>
		<description>NMC,

You are correct that one standard for a Court to overturn an arbitration award is fraud or bias on the part of the arbitrator.</description>
		<content:encoded><![CDATA[<p>NMC,</p>
<p>You are correct that one standard for a Court to overturn an arbitration award is fraud or bias on the part of the arbitrator.</p>
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		<title>By: Appellate lawyer chooses his words incautiously</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-851</link>
		<dc:creator>Appellate lawyer chooses his words incautiously</dc:creator>
		<pubDate>Thu, 02 Apr 2009 05:20:42 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-851</guid>
		<description>[...] And a Fifth Circuit panel eats him alive. [...]</description>
		<content:encoded><![CDATA[<p>[...] And a Fifth Circuit panel eats him alive. [...]</p>
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		<title>By: Curly</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-803</link>
		<dc:creator>Curly</dc:creator>
		<pubDate>Wed, 01 Apr 2009 02:50:22 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-803</guid>
		<description>oooh .... this all brings a few painful memories back from years gone by ....</description>
		<content:encoded><![CDATA[<p>oooh &#8230;. this all brings a few painful memories back from years gone by &#8230;.</p>
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		<title>By: Ashton R. O'Dwyer, Jr.</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-800</link>
		<dc:creator>Ashton R. O'Dwyer, Jr.</dc:creator>
		<pubDate>Tue, 31 Mar 2009 23:12:50 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-800</guid>
		<description>The United States Court of Appeals for the Fifth &quot;Circus&quot; is as corrupt an institution as any judicial body within the United States. If anyone doubts my accusation, then let him (or her)review my Petition for Rehearing in Case No. 08-30052, which &quot;the Circus&quot; summarily denied without investigating itself, including Judge Barksdale, who hails from Mississippi (that fact may render him even &quot;more&quot; susciplible to corruption). The Judges who sit on the Fifth &quot;Circus&quot; are, first and foremost, POLITICIANS, who got where they are today as a result of political connections. They owe political favors to a very large group of &quot;persons, firms and corporations&quot;, and believe me, they pay the favors they owe back, in spades. And don&#039;t forget, that &quot;scum-bag&quot; District Judge from the Southern District of Texas, Sam Kent, who recently pleaded guilty to obstruction of justice, was given a &quot;pass&quot; by the Fifth &quot;Circus&quot; in response to allegations of on-the-job sexual misconduct by the Judge towards a female member of &quot;His Dis-Honor&#039;s&quot; own staff. The &quot;Circus&quot; is an embarrassment to our judicial system.</description>
		<content:encoded><![CDATA[<p>The United States Court of Appeals for the Fifth &#8220;Circus&#8221; is as corrupt an institution as any judicial body within the United States. If anyone doubts my accusation, then let him (or her)review my Petition for Rehearing in Case No. 08-30052, which &#8220;the Circus&#8221; summarily denied without investigating itself, including Judge Barksdale, who hails from Mississippi (that fact may render him even &#8220;more&#8221; susciplible to corruption). The Judges who sit on the Fifth &#8220;Circus&#8221; are, first and foremost, POLITICIANS, who got where they are today as a result of political connections. They owe political favors to a very large group of &#8220;persons, firms and corporations&#8221;, and believe me, they pay the favors they owe back, in spades. And don&#8217;t forget, that &#8220;scum-bag&#8221; District Judge from the Southern District of Texas, Sam Kent, who recently pleaded guilty to obstruction of justice, was given a &#8220;pass&#8221; by the Fifth &#8220;Circus&#8221; in response to allegations of on-the-job sexual misconduct by the Judge towards a female member of &#8220;His Dis-Honor&#8217;s&#8221; own staff. The &#8220;Circus&#8221; is an embarrassment to our judicial system.</p>
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		<title>By: chanjudge84</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-793</link>
		<dc:creator>chanjudge84</dc:creator>
		<pubDate>Tue, 31 Mar 2009 20:21:43 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-793</guid>
		<description>Then again, let it go.</description>
		<content:encoded><![CDATA[<p>Then again, let it go.</p>
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		<title>By: chanjudge84</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-792</link>
		<dc:creator>chanjudge84</dc:creator>
		<pubDate>Tue, 31 Mar 2009 20:19:43 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-792</guid>
		<description>I forget her name.  It wasn&#039;t Judge Barksdale, however.  This was before he got on the Court.  Now you&#039;ve made me want to go find her.  Back in a few.</description>
		<content:encoded><![CDATA[<p>I forget her name.  It wasn&#8217;t Judge Barksdale, however.  This was before he got on the Court.  Now you&#8217;ve made me want to go find her.  Back in a few.</p>
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		<title>By: Anderson</title>
		<link>http://nmisscommentor.com/law/please-let-this-never-happen-to-me-appellate-advocacy-division/comment-page-1/#comment-774</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Tue, 31 Mar 2009 14:31:01 +0000</pubDate>
		<guid isPermaLink="false">http://nmisscommentor.com/?p=629#comment-774</guid>
		<description>Just teasing, NMC.  No one in his right mind would think that a lawyer blogging under his own name would deprecate any sitting judge, let alone any sitting Fifth Circuit judge.

(U.S. Supreme Court justices seem to be fairer game, but they probably are thicker-skinned.  It wouldn&#039;t occur to me to worry, before a SCOTUS argument, that Scalia&#039;s clerk would google to see if I&#039;d said anything bad about his boss.)</description>
		<content:encoded><![CDATA[<p>Just teasing, NMC.  No one in his right mind would think that a lawyer blogging under his own name would deprecate any sitting judge, let alone any sitting Fifth Circuit judge.</p>
<p>(U.S. Supreme Court justices seem to be fairer game, but they probably are thicker-skinned.  It wouldn&#8217;t occur to me to worry, before a SCOTUS argument, that Scalia&#8217;s clerk would google to see if I&#8217;d said anything bad about his boss.)</p>
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