2nd Circuit

Morning Docket: 01.10.12

Alison Fournier

* In trying to resolve the Texas redistricting problem, the Supreme Court has come to a realization: everything really is bigger in that state, including its congressional delegation. [Los Angeles Times]

* The Center for Constitutional Rights is suing to get video of the would-be 20th hijacker’s interrogations made public. Too bad no one really cares about this stuff unless it’s in a movie. [Washington Post]

* The Second Circuit has overturned former Mayer Brown partner Joseph P. Collins’s Refco conviction. He’s getting a new trial, and maybe this time around, the jurors will be less shady. [New York Law Journal]

* Talk about a crappy ROI. Alison Fournier, a former i-banker, is Gloria Allred’s latest litigant. She claims that a drunken pervert groped her abroad thanks to Starwood’s lax hotel security. [Reuters]

* A judge has ordered that the leader of EquuSearch’s jurisprudential hymen be ruptured at deposition by Casey Anthony’s defense team for no more than seven hours. Ouch. [Boston Globe]

* Why are CUNY Law’s bar passage rates so low? Apparently New York’s second-worst law school has standards that are similar to the town bicycle’s morals and orifices — loose. [New York Post]

* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post]

* Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages and ban virginity tests for female detainees and military prisoners. [CNN]

* Oh, hell no. Judge Jed Rakoff issued an order 78 seconds after the Second Circuit decided to delay the SEC’s Citigroup case. His pimp hand is strong (which is impressive!). [WSJ Law Blog]

* As an attorney, you should know that the law stops for no one, not even Santa Claus. Major deals in Asian markets kept many Biglawyers working hard this holiday season. [Am Law Daily]

* Social media subpoena fail: “Haha. Boston PD submitted to Twitter for my information. Lololol? For what? Posting info pulled from public domains? #comeatmebro” [Boston Herald]

* 2011 didn’t bring us a white Christmas, but New Yorkers are still pissed about the Great Blizzard of 2010. The trapped A-train passengers have finally brought suit against the MTA. [New York Post]

* A former stripper is suing a police officer for allegedly stealing money from her purse. This girl fit $714 in dollar bills in a small, Coach bag? That’s actually a real accomplishment. [ABC News]

* It’s been seven hours and fifteen sixteen days, since you took your love away. Nothing compares to a Vegas wedding, because Sinead O’Connor’s marriage is already over. [Los Angeles Times]

One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.

Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.

– Judge Denny Chin (2d Cir.), quoted in an interesting New York Times article focused on his sentencing practices (back when he was an S.D.N.Y. judge).

Judge Gary Sharpe

Do you think there is a child porn “gene”? It’s an interesting scientific question (although I don’t really care, because I don’t believe in genetic determinism). I’m sure that one day science will give us some kind of answer.

But it is not this day. At this point we don’t know if there are any genetic predispositions that explain why sick-ass people are sexually excited by naked children.

This limit in our scientific understanding did not stop U.S. District Judge Gary Sharpe from sentencing an offender based on his belief about what science will one day uncover.

Well, the power of judges may be inscrutable, but it’s not absolute. They can’t make entire sequences of DNA show up on demand. They can’t see into the future. And apparently they can’t keep their sentences from being overturned on appeal when they base their decisions on science that does not exist…

double red triangle arrows Continue reading “Judge of the Day: Sentence Based on Judge’s Genetic Theories Overturned”

We agree with the Networks that the indecency policy is impermissibly vague. The first problem arises in the FCC’s determination as to which words or expressions are patently offensive. For instance, while the FCC concluded that “bullshit” in a “NYPD Blue” episode was patently offensive, it concluded that “dick” and “dickhead” were not. Other expletives such as “pissed off,” up yours,” “kiss my ass,” and “wiping his ass” were also not found to be patently offensive.

– Judge Rosemary S. Pooler, in a Second Circuit opinion in a case remanded by the Supreme Court. The Second Circuit struck down an FCC obscenity rule for being unconstitutionally vague and violating the First Amendment.

Catcher in the Rye JD Salinger.jpegJ.D. Salinger, the celebrated (and reclusive) author of The Catcher in the Rye, passed away yesterday. He was 91.
Salinger died of natural causes at his home in Cornish, New Hampshire, according to a statement from Salinger’s literary representative.
Is there a legal angle here?

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Gerard Lynch Judge Gerard E Lynch Gerard Edmund Lynch Second Circuit SDNY.jpgOn Monday, November 16, we attended an interesting talk by Judge Gerard Lynch, formerly of the Southern District of New York and now on the Second Circuit. He spoke before the Regis Bar Association, a group of lawyers and law students who are graduates of our shared alma matter — Regis High School, an all-boys Catholic school run by the Jesuits, located here in New York.

As one would expect from a federal judge, especially one in a high-powered city like NYC, Judge Lynch has an amazing résumé. He graduated first in his class from Regis, first in his class from Columbia College (1972), and first in his class from Columbia Law School (1975). He clerked for Judge Wilfred Feinberg on the Second Circuit, followed by Justice William Brennan on the Supreme Court. Prior to his appointment to the district court in 2000, Judge Lynch was a law professor at Columbia, worked in private practice (at a firm that would later become part of Covington & Burling), and served as an assistant U.S. attorney in the legendary U.S. Attorney’s Office for the Southern District.

In September, Judge Lynch was confirmed to the Second Circuit by a vote of 94-3. He was the first Obama appointee to be confirmed to a circuit court.

Judge Lynch began his remarks to the RBA by discussing his background. He explained that he came from working-class roots and was the first in his family to graduate from college. He also noted that government lawyers and judges don’t make very much money: “As a public servant, first-year associates at large law firms have generally made more than I have,” he observed, before adding: “Thanks to the recession, that’s changed.”

(A federal district judge, which Judge Lynch was until his recent elevation, earns $169,300 a year — a bit above the New York starting salary of $160,000. As a circuit judge, he now earns $179,500. If Judge Lynch were to become Justice Lynch — he is sometimes mentioned on Supreme Court shortlists, although being a 58-year-old white male doesn’t help — he would earn $208,100, as an associate justice. Despite many years earning a government salary, Judge Lynch has done well for himself; his financial disclosures reveal a net worth of $1.6 million, with zero debt.)

Judge Lynch described being a trial judge as “the greatest job you can have.” Find out why, after the jump.

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(And a defense of elitism in law clerk hiring.)

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This week’s Vows column is a jaw-dropper. Twelve-year-old girl has crush on doorman (“‘He looked like the guy from Tiger Beat,’ she recalled”), stalks doorman for over a decade, and finally marries him. And he’s still the doorman!
Also, don’t miss this Skadden associate’s unorthodox proposal: He had his girlfriend served with a “complaint” while he was in the men’s room.
On to this week’s couples:

1. Florence Davis and Anthony Gooch
2. Alexandra Seggerman and Stephen Poellot
3. Marin Levy and Joseph Blocher Jr.

Read all about this week’s featured newlyweds, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 8.30: The Usual”

Morning Docket 08.10.09

yawn gets six months in prison.jpg* An Illinois judge sentenced Clifton Williams to six months in prison for yawning. Good thing Williams didn’t set off a yawn waterfall. [Chicago Tribune]
* Second Circuit reverses Judge Jed Rakoff’s decision to grant New York Times access to the Emperor’s Club wiretaps. Further embarrassment of Eliot Spitzer is not sufficient “good cause.” Here’s the decision. [Courthouse News Service]
* Layoff litigation for Linklaters? [Legal Week]
* Where the work is: practice areas that are still booming. [ABA Journal]
* Lawsuits say smartphones force hourly employees to work off the clock. [Wall Street Journal (subscription)]
* Hot recession trend: Pro se. [Los Angeles Times]

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The current online front page of the NYT weddings section is worth a click. The head blurb leads with “Despite their differences in age . . . ” underneath a picture of a 20-something bride embracing a “groom” who appears to be about nine years old. “Differences in age,” indeed. Somebody alert Morality in Media! (Of course, when you click on the link, you learn that the real groom is 40-something. Still yucky, but not illegal.)
Our spotlighted weddings this week feature couples who are well-matched not only in age, but in accomplishments. Here they are:

1. Robyn Maslynsky and Paul Goldschmid
2. Stacy Humes-Schulz and Matthew Frazier
3. Courtney Dankworth and Russell Capone Jr.

Read more about these couples, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 7.19: Editorial Indiscretion”

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We’ll bottom-line this week’s contest, folks: The SCOTUS clerk wins. Yep, after a long absence, LEWW’s favorite credential makes a welcome appearance in the NYT weddings section, and we’ve got the details for you.
But first, congratulations to Sabrina Charles and Jamie Dycus, who readers overwhelmingly voted Legal Eagle Couple of the Month for May, demonstrating that — in the words of one commenter (and apparently, in the minds of ATL readers) — “Wachtell > Sotomayor > Olympic medal.”
Here are our finalists:

1. Kathryn Whitfield and Adam Fotiades
2. Christina Krause and Peter Henderson
3. Pamela Bookman and Jeffrey Perlman

More about these couples, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 6.14: Chemistry Lesson”

champagne glasses small.jpgWe were dying to write about this wedding announcement, featuring a slutty Strawberry Shortcake costume (WTF?) and a wacky/tacky proposal story. But alas, commenters would have crucified us for elevating comedic potential over excellence.
So behold, this week’s finalists. They include five Harvard degrees, five Yale degrees, and OMGOMGOMG the best Article III officiant ever. Enjoy.

1. Jessica Richman and Matthew Smith
2. Jessica Hertz and Christopher Angell
3. Ashley Lynn and Kenneth Leonczyk Jr.

The scoop on these legal-eagle weddings, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 5.31: Canon-Baller”

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For the commenters who yearn to see more “ordinary” couples in the Legal Eagle Wedding Watch, we commend this pair to your attention. The groom is a radio personality, and the bride has a JD from Loyola. They seem likable and . . . ordinary. Is this the type of couple our readership craves? Should we devote one slot a week to a Tier-II couple? Designate one column a month as Ordinary Week? Please advise. (This is actually a serious question. LEWW recognizes that we can’t satisfy everyone, but we do aim to please.)
For now, we’ll to continue to celebrate the extraordinary. Our finalist couples have degrees from Harvard, Yale, NYU, Chicago, and other elite schools, some with athletic programs. All three brides toil in Manhattan law firms, and all three grooms serve humanity in important-sounding public-sector jobs. Here they are:

1. Jessica Buturla and Caswell Holloway IV
2. Sarah McDonald and Patrick Egan
3. Johanna Greenbaum and David Newman

More on the couples below, including photos.

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LEWW champagne2.jpgGood news for Legal Eagle Wedding Watchers: LEWW will be returning to a more frequent and timely posting schedule! Beginning next week, we’ll once again feature our gold standard of three fabulous couples per week to ogle and dissect.
We’ll bring you more hot August weddings tomorrow and Friday, but for now, it’s time for our readers to vote on a Couple of the Month for July. Although their write-up wasn’t in the NYT and therefore didn’t run in our normal LEWW column, we’re including celebrity professors Samantha Power and Cass Sunstein, whose union merited LEWW bonus coverage last month (as well as a shout-out in the Washington Post’s Reliable Source column).
For more information on these newlyweds, click on the link below. When you’re ready to vote, here’s the poll:

double red triangle arrows Continue reading “Legal Eagle Wedding Watch: July’s Couple of the Month”

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This installment of the wedding watch is a bit of a hodge-podge. We’ve got old people, Communism, Skadden, HLS, organized crime, a SCOTUS connection, and a midriff-baring bride. But the common thread, as always, is lawyers in love (though not necessarily with other lawyers; there’s just one dual-JD pair in this group).
Here are this week’s nominees:

1. Deborah Ellis and Hal Strelnick

2. Rachel Hershfang and Wesley Williams

3. Katherine Wagner-McCoy and Jacob Goldstein

4. Andrea Connor and Evan Hudson

More about these envy-inducing newlyweds, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 7.27 and 8.3: Steamy August Edition”

not so fresh feeling Massengill douche douchebag Above the Law blog.jpgToday is Friday, when we present for your consideration quirky queries about style, grammar, and usage. E.g., how to pronounce “substantive”; is a marked-up document a “blackline,” or a “redline”; and do you prefer “pleaded” or “pled” in legal writing.
This latest poll may seem a little edgy (especially since today is Good Friday). But it actually presents a serious and legitimate question now facing Second Circuit judges (and their law clerks). Legal research reveals a split of authority; the courts have been inconsistent.
For background, read this post, including all the updates and comments. Now, the question:


Earlier: Lawsuit of the Day: Second Circuit Gets That ‘Not So Fresh’ Feeling

not so fresh feeling Massengill douche douchebag Above the Law blog.jpgHere’s an interesting factoid. According to a quick search we ran over at the Public Library of Law (powered by Fastcase), the word “douchebag” has yet to appear in the pages of F.3d. [FN1]
That may be about to change, if the Second Circuit decides to publish in a case that was just argued. From the AP:

A teen who used vulgar slang in an Internet blog to complain about school administrators shouldn’t have been punished by the school, her lawyer told a federal appeals court…. [Ed. note: an "Internet blog" -- not to be confused with all those Non-Internet blogs.]

Avery Doninger, 17, claims officials at Lewis S. Mills High School violated her free speech rights when they barred her from serving on the student council because of what she wrote from her home computer.

In her Internet journal, Doninger said officials were canceling the school’s annual Jamfest, which is similar to a battle of the bands contest. The event, which she helped coordinate, was rescheduled.

According to the lawsuit, she wrote: “‘Jamfest’ is canceled due to douchebags in central office,” and also referred to an administrator who was “pissed off.”

In the district court proceedings, there was some extensive discussion of the whole d-bag remark:

When [the school board's lawyer] pressed [student council treasurer Pat] Abate on whether he had ever seen the famous douchebag posting, Abate’s responses included: “I haven’t seen it on my computer monitor, I haven’t seen it in my dreams.”

Guess he isn’t very imaginative.

[A lawyer] asked Abate and [senior class vice president Jackie] Evans to define douchebag.

“Stupid, moron, idiot, Abate said.

“Jerks,” Evans said.

Hmm…. They’re in the vicinity, but haven’t hit the definitional g-spot. We respectfully submit that the term “douchebag” carries a stronger sense of condemnation than the terms proffered by Abate and Evans. See UrbanDictionary.com (defining “douchebag” as “[s]omeone who has surpassed the levels of jerk and a**hole, however not yet reached f**ker or motherf**ker”). [FN2]
[FN1] Maybe someone with free Westlaw or Lexis access can confirm for us that F.3d is douchebag-free.
[FN2] Alternate definition of “douchebag” from Urban Dictionary: “A student or instructor at the Carlson School of Management at the University of Minnesota Twin Cities.” Well, as long as it’s not the law school….
Update: Thanks, commenters — F.3d is certifiably douchebag-free.
Further Update: Oh wait… As this commenter notes, if you expand the search to include “douche bag” and “douche-bag,” you’ll see that F.3d has been thoroughly defiled.
Appeals Court Weighs Teen’s Web Speech [AP]
Defense Crumbles as Students Weather Cross-Examination [CT News Junkie]
douchebag [Urban Dictionary]
douche commercial [YouTube]

Joshua Sohn Josh Sohn Joshua S Sohn DLA Piper Above the Law blog.jpgLast Friday, the U.S. Court of Appeals for the Second Circuit heard oral argument in Arar v. Ashcroft, a high-profile lawsuit arising out of the U.S. government’s rendition of Maher Arar, a Canadian citizen, to Syria.
We interviewed DLA Piper partner Joshua Sohn (at right), co-counsel to Mr. Arar along with the Center for Constitutional Rights, about this interesting case and his firm’s work on it.
For readers who aren’t familiar with the case, what’s it all about?
It’s about the federal government’s extraordinary renditions program, which sends “people of interest” to sites around the world for indefinite detention and interrogation under harsh conditions — in this case torture. Mr. Arar, who is a computer engineer, Canadian citizen, husband, and father of two young children, was pulled out of the immigration line at JFK when he was attempting to change planes, but not enter the United States. Mr. Arar was interrogated at the airport, detained and interrogated at the Metropolitan Detention Center in Brooklyn, and ultimately flown by private jet in the dead of night to Jordan and delivered to Syria. Mr. Arar was never charged with a crime, was not allowed to consult with an attorney for many days when he was first detained and both he and his attorney were lied to about what was going to happen to him and the fact that he was being sent to Syria.
Mr. Arar made plain to those holding him that he feared being tortured in Syria and that he wanted to be sent to Canada-where he lived and was a citizen. Those pleas were ignored and Mr. Arar was sent to Syria where he was tortured and kept in a grave-like cell for almost a year. This case seeks to hold the federal officials who are responsible for Mr. Arar’s treatment, responsible.
Read the rest of the interview, after the jump.

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Non-Sequiturs: 09.21.07

Paul Cassell Judge Paul G Cassell Above the Law blog.jpg* As a judge, Michael Mukasey cited Shakespeare in snarking on — and striking down — the federal sentencing guidelines. [AP]
* Speaking of district judges, the well-regarded Judge Paul Cassell (D. Utah — at right) is resigning from the bench — partly due to low judicial pay. [Sentencing Law & Policy via WSJ Law Blog]
* What not to wear when you go to the airport. [Boston Globe]
* Unlike, say, the Ninth Circuit, the Second Circuit follows on-point Supreme Court precedent. [TaxProf Blog]
* Your submissions for Blawg Review #127 are respectfully requested. [Deliberations]
Update: The citation for the Mukasey opinion is United States v. Mendez, 691 F. Supp. 656, 663-64 (S.D.N.Y. 1988).
Back in this post, in which we incorrectly predicted that Mukasey wouldn’t get the AG nomination, we wrote: “We’d also add that Judge Mukasey probably isn’t solidly conservative enough for the White House. See, e.g., his views on the federal sentencing guidelines.”

Non-Sequiturs: 08.09.07

chart stock market plunge Abovethelaw Above the Law blog.gif* Lawyer opinions solicited: Is this an effective ad for malpractice insurance? [Copyranter]
* Another ugly day for the stock market. [Volokh Conspiracy]
* On that subject: Is the vast family fortune of Rachel Kovner, ATL’s official It girl, in jeopardy — as recently rumored by our sibling site? Not exactly. But if Bruce Kovner’s legendary fund is up only 3 percent year-to-date, things could certainly be better. [DealBreaker]
* What? The iPhone is not God’s greatest gift to man? Bite your tongue! [Althouse]
* Ignoring a handslap will get you a benchslap. See page 15, footnote 7. [U.S. Court of Appeals for the Second Circuit (PDF)]