2nd Circuit

Cocaine is a hell of a drug.

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual.

* “Based on history, it’s tough to make the case that there should be mandatory protection [for Supreme Court justices].” That may be so, but the fact that Justice Stephen Breyer was robbed by machete point should at least make the case for SCOTUS sword fighting lessons. [New York Times]

* Speaking of the wealthy and well-traveled Justice Breyer, a suspect has been identified in his robbery. [Associated Press]

* And speaking of the Supreme Court, this week the justices will hear arguments over the constitutionality of the Stolen Valor Act, which criminalizes lies about military service. Unfortunately, this means you will all have to wait to hear about the time Lat and I fought through 25 Taliban sharpshooters with only our pocket knives in order to save an entire orphanage from certain annihilation. [Fox News]

* Two female students at the University of Oregon School of Law accused a male student of drugging and raping them. How did the student body respond? A listserv flame war, of course. [Portland Oregonian]

* Attorneys representing survivors in the Costa Concordia crash claim that traces of cocaine were found in the hair of the ship’s captain. I’m not sure how, but this needs to be the basis for a Head and Shoulders commercial. [Philadelphia Inquirer]

* Heads are rolling over at ESPN after the network made several unfortunate references to a “chink in the armor” of New York Knicks phenom Jeremy Lin. Yes, we get it. Everyone’s a little bit racist. [ESPN via Deadspin]

* Judge Roger J. Miner (2d Cir.), RIP. [New York Law Journal]

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?

double red triangle arrows Continue reading “J.D. Salinger, R.I.P.”

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.

double red triangle arrows Continue reading “Reflections on Judging from Judge Gerard Lynch
(And a defense of elitism in law clerk hiring.)

champagne glasses small.jpg
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”

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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