Posted by Eugene Volokh:
A Footnote You Wouldn't Want To See in a Court Opinion:
http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247691137
From [1]Lopez v. Candaele, which I blogged about [2]below:
This case is likewise not mooted by Defendants� recent revelation
that the Policy was supposedly repealed in 2007.[2] First, the
Policy continues to appear on the District�s and LACC�s
websites.... Thus, Plaintiff, and other students and employees, can
reasonably believe they are subject to the Policy and experience a
chilling effect.
[2] We are chagrined that defense counsel and Defendants�
representative who were present at the oral argument on June 10,
2009 were apparently ignorant of the status of a policy they
purported to defend. This lack of preparedness is viewed with great
disfavor.
Lawyers and future lawyers, take heed. Thanks to commenter [3]Gabriel
M. for the pointer.
References
1. http://volokh.com/files/lopezpi.pdf
2. http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247685307
3. http://ace.mu.nu/
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