9th Circuit

  • Supreme Court SCOTUS photo by David Lat

    9th Circuit, Alex Kozinski, Books, Clerkships, Federal Judges, Feeder Judges, In-House Counsel, SCOTUS, Stephen Reinhardt, Supreme Court, Supreme Court Clerks

    Do You Harbor Supreme [Court] Ambitions?

    In-house columnist Mark Herrmann reviews Above the Law founder and managing editor David Lat’s forthcoming novel, Supreme Ambitions.

    27 Comments / / Nov 3, 2014 at 12:09 PM
  • Guilty not guilty

    9th Circuit, Crime, Screw-Ups, Trials

    Judge Confuses Guilty/Not Guilty, Sex Crimes Conviction Overturned​

    A simple, but critical, judicial mistake.

    58 Comments / / Oct 29, 2014 at 4:08 PM
  • 20131011153017!Nobel_Prize

    9th Circuit, Free Speech, Gay, Guns / Firearms, Non-Sequiturs

    Non-Sequiturs: 10.16.14

    * TSA vs. the Nobel Prize. [Lowering the Bar]

    * A judge accidentally leaked the name of a juvenile in a juvenile sex case. But more to the point, this case is about a boy having a three-way with two of his English teachers on one of the teacher’s birthdays. I mean… South Park. [The Times-Picayune]

    * Teaching torts rots your brain. Maybe. [PrawfsBlawg]

    * Houston officials are backing away from their subpoena of sermons delivered by anti-gay pastors trying to get their congregation to sign petitions — even if the signatures were potentially fraudulent. [The Blaze]

    * Stand Your Ground laws find new ways to be dumb. More cases of abused women trying to evoke Stand Your Ground laws and being told that states really only meant for those to protect white dudes shooting black kids. [Slate]

    * A funny and insightful look at exactly how hearings go down at Gitmo. [New Jurist]

    * A federal judge has recused the entire Eastern District of California from a case on the basis of allegations that federal prosecutors systematically defrauded the court. Prosecutors misbehaving? That’s unpossible! [New York Observer]

    19 Comments / / Oct 16, 2014 at 4:58 PM
  • Supreme_Court_US_2010

    9th Circuit, Gay Marriage, Non-Sequiturs, Police, Supreme Court

    Non-Sequiturs: 10.14.14

    * A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic]

    * Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog]

    * A Toledo Law student was arrested on a child sex charge. [NBC24]

    * Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ]

    * Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ]

    * The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School]

    * As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post]

    * Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion]

    * Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]

    2 Comments / / Oct 14, 2014 at 5:10 PM
  • same-sex bride cake

    9th Circuit, Books, Federal Circuit, Gay Marriage, Hair, Non-Sequiturs, Sex, Supreme Court

    Non-Sequiturs: 10.08.14

    * Some marriage equality enthusiasts applauded the Supreme Court’s decision to stay out of the way and let the circuits do their thing. But the history of miscegenation in America suggests the Supreme Court had a moral obligation to interject. [USA Today]

    * On this subject, Professor Dorf presents a fascinating hypothetical: is it in the strategic interest of an anti-gay marriage conservative lower court judge to strike down same-sex marriage bans in light of the Supreme Court’s cert denials? [Dorf on Law]

    * One more story while we’re at it, after the Ninth Circuit struck down bans on same-sex marriages, District Judge Robert C. Jones of Nevada, who upheld the ban in the first place, recused himself rather that be forced to issue an opinion in accordance with Ninth Circuit precedent. [BuzzFeed]

    * If you’ve ever wondered how Islamic State manages to recruit Western youth to the cause, the answer is a “Disney-like” social media campaign. It’s like a Biglaw summer program, but for murder. [Cornell Journal of Law and Public Policy]

    * “Better Hold Off Sexting With High School Students” in Indiana. The Indiana Supreme Court finally weighed in last week after the lower court had okayed a teacher texting a 16-year-old to sneak out of the house for sex. Wait, this required the Supreme Court to weigh in? What is wrong with you Indiana? [Valpo Law Blog]

    * Looking professional with a pixie cut. [Corporette]

    * Enter for a chance to win a Chief Judge Randall Rader bobblehead! Yes, these exist. [Santa Clara Law]

    * The Zephyr Teachout book tour for Corruption in America (affiliate link) begins. Is your town on the list? [Teachout-Wu]

    * New Orleans taxpayers spent around $75K traveling judges to conferences and resorts last year. Quoth the tipster: “I could make a joke about New Orleans judges going to the third world to learn how to run their courtrooms, but I think I already did.” [The Times-Picayune]

    8 Comments / / Oct 8, 2014 at 5:03 PM
  • Justice Joan Orie Melvin

    9th Circuit, American Bar Association / ABA, Art, Biglaw, Blogging, Gay, Gay Marriage, Gender, Legal Ethics, Morning Docket, Partner Issues, Sentencing Law, State Judges, Tax Law

    Morning Docket: 10.08.14

    * How are Nevada and Idaho officials reacting to yesterday’s Ninth Circuit ruling striking down gay marriage bans in those states, and how soon might marriages get underway? [BuzzFeed]

    * In other LGBT legal news, New York City is likely to make it easier for transgender individuals to amend their birth certificates. [New York Times]

    * Good news for Joan Orie Melvin, the Pennsylvania Supreme Court justice turned convicted felon: her unorthodox sentence has been stayed (again). [How Appealing]

    * Eduardo Leite, who has led Baker & McKenzie since 2010, gets another two years at the helm of Biglaw’s biggest firm. [American Lawyer]

    * Cravath associate Micaela McMurrough scores a victory in tax court for artists. [New York Times]

    * The ABA has issued a new opinion addressing ethical issues raised during the sale of a law practice. [American Bar Association]

    * Why do lawyers blog? Tim Baran of Rocket Matter talks to 23 of us. [Legal Productivity]

    3 Comments / / Oct 8, 2014 at 8:59 AM
  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • Barry Bonds Barry L Bonds Barry Lamar Bonds steroids

    9th Circuit, Barry Bonds, Baseball, Department of Justice, White-Collar Crime

    Barry Bonds And The Lengths DOJ Will Go To Protect AUSAs

    It’s apparently really important to protect AUSAs from having to do the same basic work that the rest of the legal community does routinely.

    7 Comments / / Sep 25, 2014 at 10:09 AM
  • Can you identify this guy?

    9th Circuit, Contract Attorneys, Non-Sequiturs, Prisons, Rape, Supreme Court, Television

    Non-Sequiturs: 09.24.14

    * Quiz: Can you match the picture of the plaintiff to the landmark Supreme Court decision? [Slate]

    * Ninth Circuit expedites Ed O’Bannon appeal. [USAToday]

    * New NBC comedy about a law student who becomes a garbage man. Better job security, I suppose. [The A.V. Club]

    * The federal prison population declined by about 4800 inmates, giving the United States… well, still the worst incarceration rate in the world, but hey, you’ve got to start somewhere. [ABC News]

    * The contract attorney who sued Biglaw is living in his car and considering a career in construction. Perhaps it was a Freudian thing. [Law and More]

    * Some philosophy professors are concerned about an individual getting very testy with perceived critics. Anyone want to guess the individual? [Professor David Velleman Homepage / NYU]

    * In case you missed it, Howard Bashman’s announcement of our new partnership. [How Appealing]

    * Middle school convinces special needs girl to allow suspected rapist to take her into a bathroom so the school can “catch him redhanded.” She gets raped. Judge dismisses the lawsuit saying he wouldn’t “second-guess” school officials. [Al.com]

    29 Comments / / Sep 24, 2014 at 3:59 PM
  • Barry Bonds 2 home run record baseball indicted Above the Law blog

    9th Circuit, Barry Bonds, Baseball, Federal Judges, Quote of the Day

    Government Striking Out In Barry Bonds Case

    The Ninth Circuit did not have much sympathy for federal prosecutors.

    2 Comments / / Sep 19, 2014 at 3:02 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Reader Polls, Weirdness

    Caption Contest Winner: Three Chiefs

    Here is your very deserving winner, which crushed the competition.

    3 Comments / / Sep 10, 2014 at 4:22 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Reader Polls, Weirdness

    Caption Contest Finalists: Three Chiefs

    Which caption is the best one for this rather strange photo?

    1 Comment / / Sep 8, 2014 at 3:19 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Weirdness

    Caption Contest: Three Chiefs

    One of these things is not like the others….

    38 Comments / / Sep 5, 2014 at 12:49 PM
  • Purpleheart

    9th Circuit, Alex Kozinski, Free Speech

    On Remand: Purple Hearts And (Not So) White Lies

    Why it’s not a good idea to emulate the guys from Wedding Crashers.

    1 Comment / / Aug 7, 2014 at 3:50 PM
  • Kung_Pao_chicken_(western_version)_-1

    9th Circuit, Alex Kozinski, Blogging, Celebrities, Free Speech, Movies, Non-Sequiturs, Patents, Politics, R. Ted Cruz, Videos

    Non-Sequiturs: 07.30.14

    * Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

    * News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

    * Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

    * A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

    * Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

    * More folks wasting time complaining about blog posts. [South Florida Lawyers]

    * Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

    2 Comments / / Jul 30, 2014 at 5:06 PM
  • Dan Markel

    9th Circuit, Clerkships, Crime, Dan Markel, Deaths, Guns / Firearms, Law Professors, Law Schools, Murder, Violence

    Professor Dan Markel: Some Personal Recollections

    What do friends and former colleagues of Professor Dan Markel have to say about him?

    / Jul 21, 2014 at 4:31 PM
  • depressed lawyer

    9th Circuit, Anthony Kennedy, Basketball, Biglaw, Federal Judges, Gay Marriage, Law Reviews, Law Schools, Magic Circle, Morning Docket, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 06.05.14

    * 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. Aww, look at that, experiential learning can be beneficial for everyone involved. [Hartford Courant]

    1 Comment / / Jun 5, 2014 at 9:06 AM
  • Law school's tombstone?

    9th Circuit, Basketball, Biglaw, Deaths, Federal Judges, Gender, Jay Bybee, Lateral Moves, Law Schools, Media and Journalism, Morning Docket, Women's Issues

    Morning Docket: 06.02.14

    * 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]

    2 Comments / / Jun 2, 2014 at 9:12 AM

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