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Why has this blog been so quiet? Two reasons: Until today, I've been in a long, dark tunnel of work, more intense than even past end-of-semester crunches. But on top of that, I've been debating whether to continue producing LawBeat. The debate is over. I've decided to quit it, and I owe my reader(s) an explanation. I also can legitimately hold out...
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Original Post:
CAAFlogger adds a p.s. to Kennedy story
Thu, July 03, 2008
A followup to my post yesterday on the origins of Linda Greenhouse's much-talked-about story on the gap in legal research in the Supreme Court's Kennedy v. Louisiana decision. I asked the blogger whose post tipped off Greenhouse, Dwight Sullivan, how obscure this information was in his legal world. He responded by e-mail:

Any serious military justice practitioner would know of the legislation because it was a systemic rewrite of military law governing sexual assaults.

Evidently there were no serious military justice practitioners in the house when this important case was briefed, argued, and decided -- or in the Department of Justice, which yesterday admitted blame for not knowing enough to keep the Court informed, as Greenhouse reports today (and prompting a citation-riddled response by the dogged Sullivan).

Finally, I asked about the name of his blog, CAAFlog:

"CAAF" is the abbreviation for the Court of Appeals for the Armed Forces, so "CAAFlog" is both an homage to SCOTUSblog and a bit of fun word play, since the "F" that ends CAAF also starts the word "Flog."  (We military justice practitioners are apparently easily amused.)

My guess is that CAAFlog is now on a number of blogrolls and RSS readers after this week's revelations.
Posted at 06:21 AM
There is 1 comment to this post:
docbook.xml@gmail.com commented:
iura novit curia
iura novit curia: the court knows the laws and that the lawyers need not argue it.

Apparently in this particular case, neither the court nor the lawyers knew the law.

I think having too many laws is the problem here, as highlighted by Justice Scalia, "I don't think our legal system should be that complex. I think that any system that requires that many of the country's best minds, and they are the best minds, is too complex. "
Posted Sat, July 05, 2008 at 03:29 PM
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