Morning Docket: 11.11.09
* Judge Diane Cannon — no relation to actress Dyan Cannon (who played a judge on Ally McBeal) — benchslaps Sidley Austin for its brief in the high-profile case involving Northwestern University journalism students fighting a subpoena for their records and grades. [National Law Journal]
* Speaking of journalistic freedom, was prior restraint applied to a high school newspaper — by Justice Kennedy? [New York Times]
* Meet John Galligan, the lawyer who will be representing the accused Fort Hood shooter. [WSJ Law Blog]
* Another prominent notorious gunman — John Allen Muhammad, aka the “DC sniper” — has been executed. [Washington Post]
* Professor John Yoo appeals a ruling allowing a suit against him to proceed to the Ninth Circuit (which might not be the friendliest court for Yoo, but we’ll see). [How Appealing]
* “L is for Lawyers… And That’s Good Enough for Them”: Zach Lowe interviews two of the lawyers behind the success of Sesame Street. [Am Law Daily]
* Judge Charles Sifton (E.D.N.Y.), RIP. [New York Times]




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Have appeared before several Chicago trial judges and they are beyond dumb. Not surprised this woman couldn't find the page, at the end of the motion, that contained the attorney signatures. Dumbass.
The Whipper with the waddle...
Another "prominent gunman"?
Geez Lat, are you taking writing classes from Elie?
Next time check a dictionary: "notorious" is more appropriate (or "infamous," e.g., Elie's grammar).
Mohammad got the needle is not news. This was anticipated and discussed in the comments last night. Quack.
How about a link to the offending sarcastic Sidley brief?
What about the Letterman blackmailer's attorney on TV this mornnig arguing for his client's constitutional right to sell the IP consisting of the lascivious info to the highest bidder. This wasn't blackmail, it was a legitimate pitch of a screenplay (minus the written screenplay). That's right...there's a celebrity exception to blackmail. Lovely.
3 - what does infamous mean?
Sincerely,
Ned Nederlander
judge cannon should be ashamed of herself. i don't know the sidley attorneys, but she should have shown them some common courteously. she isn't a professional athlete who "isn't a role model." the public elected her or she was appointed to decide important public legal matters, not trash talk attorneys fighting her former cronies at the DA's office.
The in-famous El Guapo? The in-famous?
"Cannon, who was a state prosecutor before being elected a judge in 1996..."
That explains everything. Wonder if she was in the prosecutor's office at the time of the "conviction".
It's when you're more than famous. You're INfamous.
IF A WHITE professor PUNCHED a black female teacher in an angry rage against Affirmative Action, how long would it be in the news? Weeks? Months?
WELL GUESS WHAT:
A prominent Columbia architecture professor punched a female university employee in the face at a Harlem bar during a heated argument about race relations, cops said yesterday.
Police busted Lionel McIntyre, 59, for assault yesterday after his bruised victim, Camille Davis, filed charges.
McIntyre and Davis, who works as a production manager in the school's theater department, are both regulars at Toast, a popular university bar on Broadway and 125th Street, sources said.
The professor, who is black, had been engaged in a fiery discussion about "white privilege" with Davis, who is white, and another male regular, who is also white, Friday night at 10:30 when fists started flying, patrons said.
MORE: http://www.nypost.com/p/news/local/prof_busted_in_columbia_gal_punch_JmsXQ3NzaAt8uG6uUySGTN
5:
I think this might be it:
http://www.medillinnocenceproject.org/files/mckinney/shield_law_our_response_to_States_Brief.pdf
The "offensive" brief:
http://www.medillinnocenceproject.org/files/mckinney/shield_law_our_response_to_States_Brief.pdf
"A prominent Columbia architecture professor punched a female university employee"
so i guess now he's INfamous?
Question for Affirmative Walrus: Isn't it ok for the black man to punch the white man to make up for the suffering of his enslaved great-great-great-great-great-grant-grandparents at the hands of other white men?
Re: Diane Cannon
To use a version of Rush Limbaugh's joke from a few weeks ago, "I don't care whether it's true, because I know that's what Sidley Austin does."
FTT-ridden BigLaws draft unprofessional, sarcastic briefs all the time. Apparently to the degenerate FTT mind, if it can be called that, invective is an adequate substitute for legal research and reasoning. Not that it surprises me, given that the "professionals" behind the briefs are invariably self-entitled FTT hacks who believe they are god-like nephilim due to their performances on a three-hour test. Wonder if clients realize what their $500 an hour is paying for...
Here's a hint for those FTTs reading these comments: Westlaw and Lexis both have locate functions. For an extra 30 minutes, and at no extra charge, you can find cases relating to the specific issue involved to incorporate into that garbage you call a brief. This is far more persuasive than simply block-quoting the general rule for "work product doctrine" and then calling opposing counsel a douchebag for asking you to turn something over.
I read that brief and it is "utterly" unremarkable, except for a heavy reliance on "utter." It's funny but civil judges are more accustomed to vigorous advocacy than criminal judges (after all criminal defense lawyers have to deal with the same prosecutors every day). I suspect part of this is the judge's unfamiliarity with the tone of most civil briefs. And that she is in the tank for the state. But there is nothing overly sarcastic or improper about Sidley's brief.
a few thoughts:
1. In the grand scheme of briefs it is not that bad, it is a reply brief and a brief is suppose to be advocacy, not merely a recitation of the law. This brief could have been better written, but you get what you pay for.
2. What is up with the guy who keeps on posting irrelevant posts about a New York Post story? Have much of a chip on your shoulder? For some odd reason you seem obsessed with race. I was at a bar on Friday night where a Yankees fan and Met fan got into a fight, I have not put much thought into it since then. And by the way nitwit, the issue is oppression, which goes hand in hand with power. Try to understand that and lose the chip on your shoulder.
Obama has just weighed in on the NY Post story: white woman "acted stupidly"
The brief fails several tips on good brief writing, with the main one being don't use adjectives and adverbs as a crutch. I believe you when you say the other side is "wrong." When you say the other side is "clearly wrong," now you sound like you're stretching. Similarly, the narrative in the introduction could have been more persuasive if it presented the State's positions in a less outlandish nature.
That said, the writing was poor, not offensive.
@ 16
More like great, great...
Though I'm surprised they didn't cover this also.
16,
Of course. Black people who punch white people in the face are simply remedying past discrimination.
19,
Seconded. Black male professors who punch white female professors over "white privilege" is, as you say, wholly "irrelevant." Bury this non-story. Do it now. Quickly.
Besides, as 19 astutely observed, "the issue is oppression, which goes hand in hand [sic] with power." Therefore, it is fair to surmise: 1) that the white female professor was oppressing the black male professor; and 2) that the white half of our mulatto President is wielding his power so as to oppress his black half.
20,
The President may not know all the facts about Cambridge cops or pimp-slapped white female professors, but they must've acted stupidly. It's the only explanation.
But let's not jump to any conclusions about Hasan. We don't fully understand yet what motivated him to massacre the unarmed while shouting "Allahu Akbar." Remember, someone ripped the bumper sticker off his car.
P.C. PARALYSIS SECURE
Affirmative Walrus, is it ok for black people to remedy past discrimination by shooting at random white people with a sniper rifle?
Assume that the black person is 100% black, and that the white people, being white, obviously all benefited from slavery seven generations ago and Jim Crow three generations ago.
Please stop with the race stupidity and get back to work. Treat people with love and compassion, even when they are morons. Don't dwell on other people's faults. You will live a longer, healthier life, and we will not have to read your nonsensical posts.
post a copy of the brief.
Where can we read this brief? Please post.
26 / 27 - See 13 / 14.
24,
Assuming the parameters set forth in your post, the answer is: Is the sky blue? Is the grass green? Am I a beautiful ebony walrus? Of course.
25,
You are a racist, right-wing fascist who just wants to shut down civil discourse about progress in our modern society. Eric Holder was speaking directly to you when he called us a "nation of cowards." Shame on you.
The Sidley brief should also have fullly justified margins.
Can AA-Walrus have an advice column? Presently, ATL employs only one black advice columnist (and one black EIC), which is damning evidence of ATL's lack of commitment to diversity.
This judge needs to be sanctioned. WTFDSTSI?!
Who puts "one of the attorneys representing [the clients]" under the signature line. I agree with the Judge, the person signing the document should have their name clearly under the signature line. And the brief was not great and over the top with adjectives.
elected judge. that is all that needs to be said.
I don't know, not having been there and not seeing all the facts, what role race played in that, but I think it’s fair to say, number one, any of us would be pretty angry; number two that Columbia University theater department employee Camille Davis acted stupidly in causing Prof. McIntyre to punch her when there was already proof that he was drinking in his own regular bar; and, number three, that there's a long history in this country of African-Americans and Latinos having to punch white women because they refused to acknowledge how much they benefit from white privilege.
I'm Barack Obama?
Well, I — I should have said at the outset that "Mac" is a friend, so I may be a little biased here.
I'm Barack Obama?
Open thread on the Sidley brief:
http://abovethelaw.com/2009/11/sidley_austin_brief_for_arthur_mckinney.php
No mention of it being Veteran's Day? Why am I not surprised?
Sometimes the law is an ass.
Too often, the judge is too.
That rule certainly applies to Judge Cannon.
Judge Cannon's remarks raise serious doubt as to her objectivity. She should recuse herself.
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