HOW THE YEAR ENDED

RothLawAppeals, News

The Florida Supreme Court decides remarkably few civil decisions, and even fewer commercial ones.  Its docket is dominated by review of death-penalty decisions and updating rules of procedure. A few cases were handed down as 2016 came to an end that, while not directly applicable to our area of law, deserve mention in this blog. All About the Kids The … Read More

LOGIC OR EMPATHY?

RothLawAppeals

Artificial Intelligence is one of science-fiction writers’ favorite foils.  A machine or gadget of some form, with infinite knowledge and ability for logic, provides the hero with all the answers, like a Deus Ex Machina in a Roman drama. But would we want such a perfect AI to be a Supreme Court Justice? Not if we follow Justice Holmes’s reasoning.  … Read More

APPLE VS SAMSUNG – IT’S NOT OVER

RothLawAppeals, News

One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world.  But that will not be the case this week. The Supreme Court opinion in the ongoing battle Apple and Samsung starts, in essence, with a deceptively simple question – nearly a silly one: what is a … Read More

A NOTE FOR FELLOW HISTORY GEEKS

RothLawAppeals

In our most recent post, which addressed the new overtime rules, we had occasion to explain that Congress may constitutionally delegate its legislative powers to the rules-making authority of executive agencies.  That delegation must, however, be limited, and based on specific and intelligible principles. Justice Oliver Wendell Holmes, Jr. famously wrote that law is not logic.  It is the history of … Read More

WHAT THEY SAID

RothLawAppeals, News

WHAT THEY SAID The stream of Supreme Court opinions gushed quickly in June as the Court prepared to recess by month end.  Many opinions deal with matters that are neither very relevant to businesses nor very near the public consciousness.  They merit mention nonetheless. Puerto Rico – Sometimes a state, sometimes not: A state may prosecute a person under state … Read More