Morning Docket: 10.10.06

It’s a beautiful day here in DC, and we just got back from a pleasant morning jog. We’re trying to be more like Judges J. Harvie Wilkinson (4th Cir.), Denny Chin (S.D.N.Y.), and Stanley Chesler (D.N.J.), who go running regularly (with their clerks). Please add more examples of jogging jurists in the comments.
* Over the next two weeks, retired Supreme Court Justice Sandra Day O’Connor will hear cases with the Second Circuit, in New York, and with the Ninth Circuit, in San Francisco. Being a federal judge is like being in the Mob: You think you can escape, but really you can’t. [How Appealing]
* How do you solve a problem like Maria? When Maria sues the Mother Superior for constructive discharge, invoke the “ministeral exception.” [New York Times]
* Chicago Law Professor Geoffrey Stone asks: “What does it mean to be a liberal?” We say: “Never-ending disappointment and demoralization. Sort of like being a Michael Chang fan from 1997 onward.” (But hey, maybe that will change in November.) [Chicago Tribune]**
* The federal government hopes that when it comes to convicting ex-Cendant Chairman Walter Forbes on accounting fraud charges, the third time will be a charm. [WSJ Law Blog; Wall Street Journal]***
* Attention blogger groupies in Harrisburg, PA: Here’s your chance to stalk two of our favorite law bloggers, Howard Bashman and Mike Dimino. If you spot them, please report back about what they ate for lunch. [How Appealing]
Footnotes (this is a blog about the legal profession, so we’re allowed to have footnotes):
** We’re reminded of this great exchange from Clueless:

Josh: I was thinking about looking into environmental law.

Mel: Why? You want to have a frustrating and miserable life?

Cher: Oh, Josh will have that no matter what he does.

*** Disclosure: This case is being prosecuted by our former office, and many of the AUSAs on the case are friends and former colleagues.

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