9th Circuit

Dan Markel

As I mentioned in my earlier story about the horrific killing of Professor Dan Markel, I knew Dan since our days working together on the Harvard Crimson. Back then, he was Dan E. Markel ’95 and I was David B. Lat ’96. We both wrote columns and would edit each other’s work. We didn’t often agree — I was even more conservative back then, and he was, well, not conservative — but we respected each other’s thinking and writing.

After graduating from Harvard College (A.B.), Cambridge University (M. Phil.), and Harvard Law School (J.D.), Dan went on to have a tremendous career in law practice and teaching. He clerked for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at Kellogg Huber, the insanely elite D.C. litigation boutique. He then joined the faculty of the Florida State University College of Law, where at the time of his death he held an endowed chair as D’Alemberte Professor of Law. A prolific scholar in the areas of criminal law and punishment, he published numerous law review articles, pieces for general-interest news outlets like the New York Times and Slate, and a book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (aff. link).

But Dan was much more than the sum of his résumé items. Here are some testimonials and memories, from myself and others who knew him….

double red triangle arrows Continue reading “Professor Dan Markel: Some Personal Recollections”

* The Supreme Court won’t be blocking gay marriages from occurring in Oregon pending an appeal. Maybe it’s because the request wasn’t filed by the state, or maybe it’s because Justice Kennedy is the man. [National Law Journal]

* “To err is human. To make a mistake and stubbornly refuse to acknowledge it — that’s judicial.” This Ninth Circuit judge wants his colleagues to get over themselves. Please pay attention to him, SCOTUS. [WSJ Law Blog]

* Cheerio mates! As it turns out, according to a recent stress study, lawyers at Magic Circle firms in Merry Olde England are more miserable than their American colleagues. [The Lawyer via The Careerist]

* Donald Sterling dropped his $1 billion lawsuit against the NBA and agreed to the sale of the Clippers to Steve Ballmer for $2 billion. Lawyers for Skadden have been sent back to warm the bench. [Bloomberg]

* In a surprise move, InfiLaw pulled its application for a license to run Charleston Law into the ground the day before a vote was supposed to be held. At least the opposition won this battle. [Post and Courier]

* The Yale Law School Clinic is representing a deported Army veteran seeking a pardon and humanitarian parole. Check it out: experiential learning can be beneficial for everyone involved! [Hartford Courant]

Law school’s tombstone?

* Federal judges still have financial allegiances to their former firms that are reported on their mandatory annual disclosures. At least one appellate judge — Jay Bybee of the Ninth Circuit — made a killing after confirmation. [National Law Journal]

* After “a challenging 2013,” Bingham McCutchen is leaking lawyers like a sieve. Fourteen attorneys, including nine partners, recently decided to leave the firm, and they’re all headed to different Biglaw locales. [WSJ Law Blog via Reuters]

* Just one day after Donald Sterling was declared “mentally incapacitated,” he filed a lawsuit against the NBA, seeking more than $1 billion in damages. Skadden lawyers are stripping off their warm-up suits to take it to the court. [USA Today]

* This Am Law 200 firm thinks it figured out a way to help women combine their careers and home lives — by hiring a role model/mentor with an almost six-figure salary. Good idea or bad? [Dallas Morning News]

* We’ve got some breaking news for our readers from the “no sh*t” department: Law schools are competing to cut costs based on a shrinking applicant pool, but tuition is still quite unaffordable. [Houston Chronicle]

* Lewis Katz, co-owner of the Philadelphia Inquirer and alumnus of Dickinson Law, RIP. [Onward State]

Entry-level Biglaw salaries soon?

* The times are a-changin’ for Biglaw in many ways, and lawyers may soon see their starting pay take a dive because clients think they “continue to be too expensive.” [WSJ Law Blog]

* Foley & Lardner plans to shutter its San Diego shop, following in the footsteps of other Biglaw behemoths. Not to worry, no one’s been laid off — that we know of, that is. [Am Law Daily]

* Say hello to Alabama Law’s new dean, Mark Brandon. Maybe he’ll be the man to propel the school to a #5 ranking in a publication other than National Jurist. ROLL TIDE! [National Law Journal]

* Earlier this week, an Idaho judge struck down the state’s ban on gay marriage, and now she’s refusing to issue a stay. Good on you, judge, but the Ninth Circuit may put those marriages in limbo for a while. [NPR]

* Speaking of judges who’re refusing to stay same-sex marriage rulings, last night, the Arkansas Supreme Court turned down the state attorney general’s request to put a stop to marriage equality. [USA Today]

* A lawyer working as Board of Education president in Mahopac, New York, resigned from his position after calling a PTA volunteer a “chubby wubby” at a school board meeting. That’s not very nice. [Journal News]

You’ll probably still be able to get into law school, even if these weren’t your grades.

* Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]

* L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]

* This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]

* Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]

* Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]

In our post yesterday about Judge Alex Kozinski’s horrifically bad ruling in favor of Cindy Garcia, an actress who briefly appeared in the infamous YouTube video “Innocence of Muslims,” we also mentioned the astounding gag order that Kozinski placed on Google/YouTube, saying that the company was simply not allowed to tell the world that the video had been ordered censored by a court for at least a week. However, the gag order is so crazy that it seemed worth a second post. It already appears to be a classic First Amendment violation to order Google to take down all copies of the video (and prevent new ones from being uploaded), but Kozinski seems to double the First Amendment problems with that gag order.

double red triangle arrows Continue reading “‘Innocence Of Muslims’ Ruling Violates The First Amendment In Two Separate Ways”

Judge Diarmuid O’Scannlain (my former boss)

* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

* The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

* Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

Kate Moss

* For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

* If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

* A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

* Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

* Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

* If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

* Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]

* Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]

* Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]

* Judges are reading briefs on iPads now? Here’s how you write a brief for a judge who has an app for “law.” [Columbia Business Law Review]

* A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]

* The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]

* A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]

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