4th Circuit

Justice Ruth Bader Ginsburg

* President Obama suggested he may be able to nominate a new SCOTUS justice before he leaves office in 2017. When reached for comment, Justice Ginsburg noted: “Bitch, please.” [POLITICO]

* Chief Justice John Roberts has been asked to stay the Fourth Circuit’s decision as to Virginia’s same-sex marriage case, lest the state truly become a place for all lovers. [National Law Journal]

* Whitey Bulger is appealing his conviction, claiming he didn’t receive a fair trial because he wasn’t allowed to testify that a prosecutor who had since died once promised him immunity. Aww. [WSJ Law Blog]

* On the whole, school rankings matter generally, but law school rankings can be truly meaningful when it comes to getting a job after graduation. Don’t believe me? Check out these graphs. [Forbes]

* “They’re not the one if this fails will have a law degree that we cant do anything with.” Students at Concordia Law are starting to feel the pain of attending a yet-to-be accredited law school. [KBOI 2]

Say farewell to Cooley Law — j/k, it’ll always be Cooley.

* Cleary Gottlieb lost some historic cases during the first half of 2014, including one for $50 billion, but not to worry, “the firm is proud of the work Cleary lawyers do every day.” [Am Law Daily]

* The Fourth Circuit is refusing to issue a stay in Virginia’s gay marriage case, so the state will be for all lovers starting next week unless SCOTUS decides to step in. [National Law Journal]

* Thomas M. Cooley Law School has now officially become the Western Michigan University Thomas M. Cooley Law School. If only a new name could clear its reputation. [MLive.com]

* It’s not every day that a law student with a criminal history is arrested on murder charges, but Tuesday was that day for one student. We’ll have more on this later. [San Antonio Express-News]

* “Glass is built to connect you more with the world around you, not distract you from it.” Google sure is optimistic about Glass, but several states aren’t, and have already proposed driving bans. [WSJ Law Blog]

* The NRA’s general counsel was once convicted of murder. What’s the phrase? If you outlaw guns, only general counsel will have guns… [Mother Jones]

* Seattle is looking for people donating skulls to Goodwill. Wow, if Jeffrey Dahmer had only known there was a charitable tax write-off available. [Lowering the Bar]

* “A domestic helper has appeared in court accused of trying to injure her employer by mixing her menstrual blood in a pot of vegetables she was cooking.” Eww. [Legal Juice]

* Can Congress sue the president? Here are multiple takes. [The Volokh Conspiracy / Washington Post]

* As the confirmation of Pamela Harris to the Fourth Circuit reminds us, “that whole nuclear option has really worked out.” So far. [Huffington Post]

* Money magazine is looking to create a ranking of undergraduate schools heavy on outcome-based factors. If you need any hints on how to do it, let us know. [The Chronicle of Higher Education]

* Donald Sterling has lost, which is something he knows a lot about from his years of owning the Clippers. Here’s Mitchell Epner’s review of the ruling and its appealability. [CNBC]


* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

* Gaming the rankings — not just for law schools any more. [The Kansas City Star]

* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

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Just try telling him to put out his smokes. Not gonna happen.

* Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

* The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News]

* Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate]

* Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside]

* Ruth Bader Ginsburg’s senior picture from Cornell. [That's What She Said / Jezebel]

* Elie thinks we should all get drunk and go for a bike ride! [ATL Redline]

* From purveyor of justice to purveyor of donuts. [USA Today]

* Congratulations to Professor Mariano-Florentino Cuellar of Stanford Law on his nomination to the California Supreme Court. If confirmed, maybe Stanford can start advertising about all the state judges they’ve produced. [San Jose Mercury News]

* We’ve heard that Bingham is looking to merge. Lee Pacchia talks to Casey Sullivan about what’s next. Video after the jump… [Mimesis Law]

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* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

Conspiracy is probably the most charged offense in the federal courts. At core, its elements are simple (generally). A and B have completed the crime of conspiracy if they (1) have an agreement to do something illegal and (2) some co-conspirator committed an overt act in furtherance of the conspiracy. The overt act does not have to be illegal.

So, if Larry says to Doug, “Let’s lie through email to potential investors about how viable our real estate plan is,” then Doug says “That’s a great idea, let’s do it!” and the two put together a letter they would email to potential investors that contains a number of lies about how viable an investment is, they’ve probably conspired to commit wire fraud.

The tricky bit is that the agreement that’s at the core of a conspiracy charge — like many kinds of contracts — can be implied. It’s rare that folks in a conspiracy negotiate the terms of the conspiracy or memorialize it.

So, if Larry and Doug just sit down and work — together — on a letter that lies to investors, one may (depending on the other facts in the case) think that the two have an implied agreement to commit fraud and that they’re guilty of participating in a fraud conspiracy.

The tricky part is when one person says, in essence, it would be really freaking cool to do X (where X is illegal) but doesn’t really mean that she wants to do X.

For example, some people may think that it would be funny to blow a raspberry on Justice Scalia’s belly. But just because Doug tells Larry that it would be cool to blow a raspberry on Justice Scalia’s belly, and Larry then looks up Justice Scalia’s next public appearance, does not necessarily mean that either one of them actually intends to storm Justice Scalia’s security detail just to blow on the Justice’s stomach.

And, of course, a jury is most likely to find that Doug and Larry are guilty the more they’re doing something that the jurors themselves think of as not funny and, in fact, really quite repugnant.

Like kidnapping, killing, and eating women, or trying to foment a jihad….

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Zachary Warren

* Justice Ruth Bader Ginsburg may retire by the end of summer 2015, or she may retire by the end of summer 2017, or she may retire whenever she damn well pleases. For the love of God, please stop with this. [Legal Intelligencer]

* The Fourth Circuit appears to be split on Virginia’s gay marriage ban. The Tenth Circuit appeared to be split on Utah’s gay marriage ban. We’ll give you three guesses on the eventual Supreme Court outcome. [New York Times]

* Law deans lose their jobs when their schools drop in rank, and it seems Biglaw chairmen lose their titles when their firms post the worst single-year drop in revenue ever. Sorry Bingham McCutchen. [Am Law Daily]

* Ex-D&Ler Zach Warren wants to sever his case from the likes of Joel Sanders and the Steves, using a “guilt by association” argument. The only thing he’s guilty of is being too cute. [National Law Journal]

* The drama continues at Albany Law, where faculty members now face possible pay cuts or being put on unpaid leave following a “smear campaign” waged against Dean Penelope Andrews. [Albany Times Union]

Anna Nicole Smith

* Sonia Sotomayor has been dubbed as the “people’s justice” in a law professor’s article recently published in the Yale Law Journal Online. If only RBG had appeared on Sesame Street, the title could’ve been hers. Sigh. [WSJ Law Blog (sub. req.)]

* It’s a “procedural game-changer”: Virginia’s class action lawsuit against same-sex marriage has been stayed pending the outcome of the Fourth Circuit’s decision in the case that struck down the state’s ban on gay marriage. [Legal Times]

* “They’re certainly going to be very careful about biting the hand that feeds them.” Gibson Dunn & Crutcher, the firm behind the “Bridgegate” report that cleared Gov. Christie of wrongdoing, received $3.1M from New Jersey last year. [New Jersey Star-Ledger]

* Now that approximately 60 percent of compliance officers are women, in-house insiders are starting to wonder if the position is being reduced to “women’s work” — and not in a good way. [Corporate Counsel]

* Everyone involved in this case is dead, but it’s been hanging in the courts for more than a decade. Soon we’ll find out if Anna Nicole Smith’s ex-stepson will be sanctioned in the grave. [National Law Journal]

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