* Who is the hottest dean? Your nominations are needed.
(At right: A portrait of Howard Dean as a young man. Seriously.)
* Who is the Paris Hilton of the federal judiciary?
* Are you a professor at a private law school? If so, how much money do you make?
* Why are those Florida judges always getting themselves into trouble?
* It’s interview season — for law firm jobs, judicial clerkships, etc. Do you know the do’s and don’ts of interviewing?
* Legal Eagle Wedding Watch: It’s a tie!
* Congratulations to Alice Fisher and Ken Wainstein, who were (finally) confirmed by the Senate as, respectively, heads of the DOJ’s Criminal Division and National Security Division.
* Outstanding Discovery Requests: Handicapping the Race to Partnership, Skaddenfreude (Academic Salaries), Internal Memos.
September 2006
Some random reading recommendations, which don’t have much to do with law. But that’s what weekends are for, right?
* Suffering from Entourage withdrawal? Read about a real-life agent dumping (by Jim Carrey). [Defamer]
* Suffering from Project Runway withdrawal, since there was no new episode this week? Get your hands on the New Yorker’s fantastic fashion issue. The profile of Diane von Furstenberg — by Larissa MacFarquhar, who once profiled Judge Richard Posner — is especially worthwhile. So is Andrea Lee’s article about high-end handbags (“The Bag Lady”). [New Yorker (table of contents; most articles not online)]
* Suffering from Harriet Miers withdrawal? Head over to the blog of Cardinal Sean P. O’Malley, Archbishop of Boston. Then run a search (ctrl-F) for “LOL.” [Cardinal Seán’s Blog via New York Times]
- Bad Ideas, Brandt Downey, Judge of the Day, Pornography, R. Fred Lewis, Sexual Harassment, State Judges, State Judges Are Clowns
Judge of the Day: Brandt C. Downey III
By David Lat
Okay, maybe he should be “Judge of Yesterday,” since this was in yesterday’s paper (and was picked up by How Appealing yesterday too). But it’s Saturday, and we’re still working hard to entertain you, so stop your quibbling.
A judge who repeatedly viewed pornography on the computer in his chambers apologized Friday after receiving a public reprimand from the Florida Supreme Court for violating judicial ethics.
Circuit Judge Brandt C. Downey III of Clearwater told the high court he was “sorry” after Chief Justice R. Fred Lewis called his conduct “truly shocking” and an embarrassment to his friends, his family, the judiciary and the citizens of Florida.
It may have been, er, somewhat imprudent for Judge Downey to check out porn in chambers. But at the risk of sounding like libertines, we have to ask: What’s the big deal? Millions of Americans enjoy pornography.
As for the workplace aspect, we say: If he’s keeping up with his judicial workload, who cares about de minimis use of his computer for, um, other activities? Is it that different from, say, making flight arrangements online for your Hawaiian vacation, while on your lunch break?
To put it another way: What’s wrong with a judge admitting he shares something in common with at least 14 percent of American men? (A figure that’s surely on the low side, due to the study’s reliance upon self-reporting.)
What’s next? Judges getting censured for banging their own gavels? What century are we living in? Or, for that matter, what country — a theocracy?
[At the hearing, Judge Downey] added that he believes God has forgiven him. He said his family and friends also have forgiven him and urged him to seek re-election, but he declined to avoid further embarrassment and publicity, Downey said.
So we don’t think judicial porn viewing is such a big deal. These allegations are far more problematic:
Downey allegedly showed inordinate interest in a young state attorney, asking her to approach the bench to tell her that she “looked nice today.”
He also was accused of asking another female lawyer to approach the bench for personal conversation and sending her an e-mail saying “it was nice seeing u in court looking so pretty.”
“What were you thinking?” Lewis asked.
Using “u” instead of “you” in an email? Now THAT warrants censure.
(Final observation: What is up with these Florida state court judges? See Wednesday’s Judge of the Day.)
Judge Apologizes, Gets Reprimand for Viewing Porn in Chambers [Associated Press via How Appealing]
Earlier: Judge of the Day: Richard Albritton Jr.
- 10th Circuit, Insider Trading, Jon Corzine, Kellogg Huber, Neil Gorsuch, Non-Sequiturs, William Birdthistle
Non-Sequiturs: 09.22.06
By David Lat
* “Bless him Father, for he has sinned”: Msgr. John Woolsey made some unauthorized withdrawals from his church’s collection plate, which he blew on golf vacations and Rolex watches. (Monsignor: A Rolex is so unoriginal. Why not, say, a nice Patek Philippe?) [Judicial Reports]
* Newly confirmed Tenth Circuit judge Neil M. Gorsuch — a member of the Elect, former partner at the super-elite Kellogg Huber firm, and former Principal Deputy to the Associate Attorney General — has a new book out. It’s entitled The Future of Assisted Suicide and Euthanasia. We have no idea what it says; but it was probably smart of him to get confirmed before it was published. [How Appealing]
* Planning a trip to Ireland? Law professor William Birdthistle has some recommendations for you. [Forbes]
* Gov. Jon Corzine’s picks for the New Jersey Supreme Court have cool names: James Zazzali, nominated to be the next Chief Justice, and Helen Hoens, nominated to fill Zazzali’s vacated seat. We support Judge Hoens’s nomination, ’cause we’re suckers for alliteration. And assonance, too. [New York Times]
* This is a long and juicy article; we’ll probably blog more about it later. For now, some key terms to whet your appetite: insider trading, ballroom dancing, trips to Cuba, BMWs, strippers. Oh, and a forklift operator. Don’t forget the forklift operator. [Fortune via WSJ Law Blog]
- Alice Fisher, Brett Gerry, Confirmations, Department of Justice, John Demers, Ken Wainstein, Supreme Court Clerks, War on Terror
Congratulations to Ken Wainstein!
By David Lat
Okay, so he’s no Alice Fisher — the ball-busting, badass blonde, recently confirmed to head the DOJ’s Criminal Division, who has white-collar criminals shaking in their boots. But he’s still a highly regarded attorney — and pretty cute, too.
So ATL sends its congratulations to Kenneth L. Wainstein, just confirmed by the Senate as assistant attorney general for the Department’s brand-new National Security Division (NSD). Previously Wainstein served as U.S. Attorney for the District of Columbia.
The Wall Street Journal — which criticized the Democrats for holding up Wainstein’s nomination 4-evah — describes Ken Wainstein’s new job as follows:
Mr. Wainstein is waiting to fill a new post recommended in last year’s Robb-Silberman report to further break down the “wall” between intelligence and law enforcement. The new post would bring Justice’s counterespionage, counterintelligence and wiretapping units under one Assistant AG. Mr. Wainstein would also be the law enforcement world’s primary liaison with the intelligence community.
President Bush approved the change, Congress authorized it while renewing the Patriot Act earlier this year, and Mr. Wainstein’s offices are humming with computers. All that’s missing is a leader.
Letting Wainstein go through was a smart move for the Democrats. We’re no political strategists, but we do know this much: With an election just a few weeks away, it’s unwise for the Democrats to hold up the nomination of someone with the words “National Security” in his title.
Wainstein, by the way, is putting together a real A-team of legal talent over at the NSD, including several members of the Elect. As we previously reported, one of them is conservative legal superstar Brett Gerry — the Silbermaniac and former Kennedy clerk, who was associate general counsel to the Robb-Silberman commission. Also onboard: John Demers (O’Scannlain/Scalia), the affable legal genius who previously did a tour of duty with the Office of Legal Counsel (which works on many national security issues).
So congrats again to Ken Wainstein. And best of luck to his band of brainiacs, as they tackle some of the toughest issues facing our nation.
Kenneth Wainstein bio [WhiteHouse.gov]
Gonzales Statement on Confirmation of Ken Wainstein as Assistant Attorney General for National Security Division [DOJ Press Release]
Security Holdup [Wall Street Journal (subscription)]
Earlier: Congratulations to Alice Fisher!
The White House Counsel’s Office: Here Comes the Cavalry
- Aerobics, Consuelo Callahan, David Souter, Exercise, Eyes of the Law, Federal Judges, J. Harvie Wilkinson III, Kathleen Cardone, Michael Chertoff, Running, Sandra Day O'Connor, Stephen Breyer
The Eyes of the Law: But Can He Outrun Justice Souter?
By David Lat
Lately you haven’t been sending many legal celebrity sightings our way. C’mon, guys — we know you can do better. If you harbor doubt as to who constitutes a “legal celebrity” in our book, please review this post.
Due to your delinquency, we’ll have to resort to some rather hoary sightings. Here’s the first, inspired by our recent post about legal hotshots chowing down:
As for food sightings, I hear that Leonard Leo has his own wine locker at Morton’s. One day this past summer, he was there and Miguel Estrada was in the next booth.
For those of you outside the Beltway, Leonard Leo is Grand Poobah of the Federalist Society — ringmaster of the good Senatrix’s “vast right-wing conspiracy.” Miguel Estrada — aka “the kid from Teguicalpa” — is the brilliant Latino lawyer, and former nominee to the celestial D.C. Circuit, who is often talked about as a possible SCOTUS nominee (in a Republican administration).
And what do great legal minds do to work off all those calories? Justice Sandra Day O’Connor, Judge Consuelo Callahan (9th Cir.), and Judge Kathleen Cardone (W.D. Tex.) are aerobics aficionados. And all three, coincidentally, used to teach it. Justice O’Connor led the female law clerks in aerobics at the Supreme Court; Judge Callahan was an instructor at Jack La Lanne Fitness in Stockton, California; and Judge Cardone led classes at EP Fitness in El Paso, Texas.
Meanwhile, Justice David Souter, feeder judges J. Harvie Wilkinson (4th Cir.) and Diarmuid F. O’Scannlain (9th Cir.), and ex-Judge Michael Chertoff (3d Cir.) enjoy running. And they’re not the only ones:
An older sighting (March), but a good one. I was driving my car in Georgetown one Sunday morning behind a jogger (blue/black long spandex pants and windbreaker). He was trotting right down the middle of the street, leaving no opportunity to pass on either side.
We followed behind him for about 2 blocks, going an infuriating 4 mph. When he hits the end of the block, he turns and starts jogging the opposite way, and now he’s heading straight in our direction. It was unmistakably Justice Stephen Breyer.
We commend Justice Breyer for his fitness regimen (which may explain why he’s one of the more svelte of the justices). But please, Your Honor — show some consideration for the motorists.
(Yeah, we know — those brick sidewalks in Georgetown can be a real bitch. But remember the words of Nietzsche: “That which does not kill us makes us stronger.”)
- Law Professors, Law School Deans, Law Schools, Money, Skaddenfreude, University of Michigan Law School, UVA Law
Skaddenfreude: Private Law School Salaries, Please
By David Lat
In response to our recent request for information about academic salaries, a number of you reminded us that the salaries of many professors at state law schools are already publicly available. We had a vague recollection of this, but were too lazy to dig up links.
Thankfully, a number of you did that for us. Here they are….
Continue reading “Skaddenfreude: Private Law School Salaries, Please”



