Welcome to The Opening Brief, a blog devoted to appellate decisions and issues. I hope to generate a discussion on the direction of the law in these pages – not so much whether we agree or disagree with a particular decision (after all, who wants that kind of written record when you are up for confirmation!!). Instead, I am interested in discussing the impact of the decisions on a particular area of law, where we think the law might be headed, and what arguments we might make in the next case. I am open to all viewpoints and I hope to generate a lively discussion. If there is a particular decision you would like to discuss, please send me an email and I will add it to the menu.