9th Circuit

Non-Sequiturs: 02.07.12

* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]

* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]

* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]

* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]

* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]

* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]

* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

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The return of summer associate days of yore?

* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times]

* Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for his campaign? Is he giving up his plans for the presidency, too? [Washington Post]

* Here’s a great refresher on all things Prop 8 in anticipation of today’s ruling from the Ninth Circuit. This is happening on West Coast time, so check back for our coverage this afternoon. [Poliglot / Metro Weekly]

* Summer associate hiring might be back in business thanks to pickups in litigation and transactional work, but don’t go out and start licking those Biglaw popsicles just yet. [Thomson Reuters News & Insight]

* Sorry, bridge and tunnel people, but it looks like you’re going to have to keep paying increased prices at the tolls. AAA of New York and North Jersey lost a bid to block collection of the fee hikes. [Bloomberg]

* Anna Nicole Smith is no longer with us, but her memory will forever live on in ABA Resolution 10B. Gold diggers across the nation can now rely on the power of federal magistrate judges. [ABA Journal]

Greg Kelly

* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]

* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]

* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]

* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]

* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]

* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]

* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…

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Striking down the judicial precedent that established the legal supremacy of right over wrong more than two centuries ago, the U.S. Supreme Court on Wednesday overturned Right v. Wrong. The landmark reversal — a bitterly contested 5-4 decision that has been widely praised by murderers, rapists, bigots, usurers, and pro-wrong advocates nationwide — nullifies all previously lawful forms of right and makes it very difficult for Americans to make ethical decisions or be generally decent human beings without facing criminal charges.

– The Onion, Supreme Court Overturns ‘Right v. Wrong’

Well, this is a fun day. Rick Santorum is taking his turn as the non-Romney Republican choice. Rick Santorum. Yeah, that Rick Santorum — the self-same Rick Santorum who thinks Griswold was wrongly decided and wants to ban birth control — is now the “real conservative” alternate to Mitt Romney.

Ladies and gentlemen, I present your 2012 Republican Party.

This morning, the Wall Street Journal took a closer look at Rick Santorum’s thoughts on the Constitution and the judiciary. For those who haven’t been following the stellar career of Santorum (last seen getting absolutely waxed out of his Pennsylvanian Senate seat), let’s give him a look-see…

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Let’s play a quick game (which we might return to later if there’s interest). If we were to give out awards to the different federal judicial circuits, in the manner of a high school yearbook, which awards would go to the different circuits? Here are some of my nominations:

(Article III groupies: Feel free to suggest others, in the comments.)

As for the other awards, well, they’d all go to the Ninth Circuit. It’s the nation’s most famous (or infamous) federal appeals court, so it would win “Most Likely To Become A Celebrity.” It’s the biggest, so it would win “Most Popular” (especially among the ACS and ACLU crowd). It would win “Most Athletic,” since it includes California. And it would win “Biggest Flirt,” thanks to its numerous superhottie judges. (Don’t you wish they all could be California jurists?)

The Ninth Circuit would also run away with “Most Likely To Be Made Fun of on YouTube” — since it already has been. How many circuit courts can claim that distinction?

double red triangle arrows Continue reading “How the Ninth Circuit Stole Christmas”

These days, mentioning the California city of Oakland conjures up images of tear gas and violence. It’s not a place that people associate with innocent fun right now.

But Oakland isn’t all protesters and police. We bring you a report from a recent visitor to that city, Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit….

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Non-Sequiturs: 11.22.11

Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

If Learned Hand’s opinions are like the products of a bespoke tailor, the opinions coming out of the Ninth Circuit are like the products of a factory that is staffed by machines and menial workers who are overseen from afar by a handful of overworked managers.

– Justice Samuel Alito, in a recent speech at Rutgers School of Law (Newark), lamenting the decline of craftsmanship in judicial opinions.

(An interesting fact about Justice Alito and the Ninth Circuit, after the jump.)

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Morning Docket: 11.03.11

* Only in Texas can a judge get paid leave after a video of him beating his daughter’s ass goes viral. Makes you wonder about the kind of crazy sh*t you’d need to do to get stuck with unpaid leave. [KRIS TV]

* A federal judge has ordered Paul Ceglia to return from Ireland to produce more of his hidden destroyed missing evidence. Oh, Facebook, always trying to steal his lucky charms. [paidContent]

* Memo to the NBA: you know you’re playing on the wrong court, right? On the bright side, at least we don’t have to worry about this happening with the WNBA. Or anyone caring about it if it did. [Bloomberg]

* Bar passage rates for first-time takers in New York were up by half a percentage point. Biggest contributing factor: I didn’t take the New York exam. Yeah, you’re welcome. [New York Law Journal]

* Joe Francis is suing over a debt dispute and vows to take the it to the Ninth Circuit if he loses. He needs to realize that no one cares about what he does unless it involves boobs. [Washington Post]

* Don’t be fat and then smush a lawyer at Shea Stadium. You’ll break her back, she’ll sue, and you might be known as the guy who got fat people banned from the upper deck. [New York Post]

Newt Gingrich

Congress can say, “All right, in the future, the Ninth Circuit can meet, but it will have no clerks. By the way, we aren’t going to pay the electric bill for two years. And since you seem to be rendering justice in the dark, you don’t seem to need your law library, either.”

Newt Gingrich, one of the Republican candidates hoping to take on Obama in Election 2012, suggesting a possible avenue that Congress could use to rein in the “pox on the western part of our country” otherwise known as the Ninth Circuit.

'But I'm too pretty to go to jail.'

* The AT&T/T-Mobile antitrust suit is so big that not even Big Government law can handle it. The DOJ is bringing in even bigger guns with a partner from Biglaw firm Munger Tolles. [Bloomberg]

* Obama has nominated former Kozinski clerk, Paul Watford, to the Ninth Circuit. Way to go, because he’s kind of cute. Isn’t that what everyone looks for in a federal judge? [San Francisco Chronicle]

* Is Paul Ceglia’s Facebook lawsuit completely doomed? His own lawyer, Jeffrey Lake, wants to defriend him. This will be the fourth firm to dump Ceglia as a client. [Wall Street Journal]

* Blind item: which Hollywood actress is suing IMDb for $1M for revealing her true age? And we say “true age” because everyone knows that Botox knocks a few years off your face. [Reuters]

* Lindsay Lohan is due in court today for a progress report hearing, and prosecutors want to throw her in jail. Hope she’s been brushing up on her acting skills. [New York Daily News]

* Cry me a river? A Florida lawyer will be arguing before the state Supreme Court this winter over his First Amendment right to blast Justin Timberlake from his car stereo. [NBC Miami]

* Now that DADT has been repealed, the Ninth Circuit has tossed the Log Cabin Republicans case. How does that Paula Abdul song go? Two steps forward, two steps back? [Los Angeles Times]

* Is this a new way of protecting taxpayers? In early 2012, Bank of America is going to start charging $5 a month for debit card purchases. Thanks Dodd-Frank, thanks a lot. [Wall Street Journal]

* Bob Morse of U.S. News wants to know if the ABA will “take more steps . . . to ensure data integrity” in light of the latest admissions data scandal. Aww, you’re so cute. [ABA Journal]

* The DOJ wants Raj Rajaratnam’s medical information, but they probably don’t need it. Just pick some of the usual fat people diseases, like diabetes and high blood pressure. [Bloomberg]

* If I only had a brain heart lower recidivism rate. A serial shoplifter is probably going to lose out on a heart transplant because her health insurance doesn’t cover inmates. [New York Daily News]

At birth.

– Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, explaining when he begins recruiting law clerks.

(Chief Judge Kozinski is quoted in a very interesting New York Times article on the chaotic state of the clerkship application process, which we’ll have more to say about later.)

UPDATE (9/27/11): Here is our commentary on the NYT piece.

* Police suspect that a client may have been the one to plant a bomb in attorney Erik G. Chappell’s car. Stay far away from family law, folks. [New York Daily News]

* “How come there’s not a school where people can go if they want to become trial lawyers?” How come you don’t know we already have 200 other law schools? [National Law Journal]

* I hope they signed a prenup, because AT&T and T-Mobile have added two more firms to their huge Biglaw wedding party — O’Melveny and Kellogg Huber. [Am Law Daily]

* “A lawsuit has been filed . . . by a female law clerk who alleges that [a] judge slapped her in the buttocks with a legal file.” And Lat wonders why law clerks hate their jobs. [Billings Gazette]

* LiLo may be behind on her court-ordered service hours, but surely she should be credited for the community service of wearing low-cut tops. [New York Post]

* Ninth Circuit Judge Pamela Rymer, RIP. [San Francisco Chronicle]

Law clerks aren't jumping for joy these days, especially when it comes to pay.

I spent last weekend in Portland, Oregon, where I attended the 25th judicial anniversary celebration and law clerk reunion of my former boss, Judge Diarmuid O’Scannlain of the Ninth Circuit. It was a warm and wonderful occasion, a chance to reconnect with old friends and to catch up with the O’Scannlains (Judge and Mrs. O’Scannlain were joined by all eight of their children for the festivities). Former clerks shared happy memories from their time in PDX clerking for DFO.

Most former law clerks I meet — mainly law clerks to federal judges, whether Article III or magistrate or bankruptcy — recall their clerkships fondly. They praise the excellent experience, the clerkly camaraderie, and the training and mentoring they received from their judges (for the most part; a few describe judicial clerkships from hell).

It struck me as strange, then, that “law clerk” recently came in at #7 on CNBC’s list of 10 Most Hated Jobs. I can’t help wondering whether courthouse administrative personnel with the title of “clerk” were somehow mixed in with federal judicial law clerks. The median salary of $39,780 a year suggests that this might be the case, since federal law clerks (and many state law clerks) make more than $40K these days.

Then again, people don’t clerk for the money. Sure, clerkship bonuses, especially Supreme Court clerkship bonuses, can be considerable — but in most cases, a graduate who goes straight into a law firm will do better financially than her classmate who clerks after graduation.

If you’re planning to clerk or interested in clerking for a federal judge, you should be aware of the latest news about law clerk compensation….

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In our most recent Grammer Pole of the Weak, over two-thirds of you voted against the use of gender-neutral language, opting instead for the historic use of “he,” “him,” and “his” to cover both sexes. In the poll before that one, over 80 percent of you voted in favor of the serial comma. These results suggest that Above the Law readers are traditionalists in matters of grammar, usage, and writing style.

But back in August, 60 percent of you said that you are all right with “alright.” So perhaps ATL readers are open to the evolution of the English language and the creation of new words.

How do y’all feel about neologisms? Let’s look at two new words, coined by none other than the newly svelte Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit….

double red triangle arrows Continue reading “Grammer Pole of the Weak: ‘I Respectfully Dissental’”

Chief Judge Alex Kozinski (in 2008 and today)

Chief Judge Alex Kozinski of the Ninth Circuit continues to provide us with awesome anecdotes. Back in July, for example, we related a fun story pertaining to his naturalization as an American citizen.

It was an inspiring immigrant story, but it was primarily of historical interest. Cool as it was, it did not have huge relevance to the day-to-day practice of law.

Our latest law-related tale about Chief Judge Kozinski has practical ramifications. California lawyers, you should keep reading; you never know when this knowledge might come in handy.

Also handy: diet tips from His Honor, who has dropped quite a bit of weight lately….

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Non-Sequiturs: 08.22.11

Albert Haynesworth III

Albert Haynesworth III

* Does your fledgling company need a full-time general counsel? Lance Levy lays out some considerations. [In-House Blog]

* Why is Marc Randazza “the most inappropriate man in the world”? Well, how many briefs have you filed with phallus-filled footnotes? (Say that last part ten times fast.) [Popehat]

* New England Patriots defensive tackle Albert Haynesworth pleads no contest to simple assault, averting a trial for misdemeanor sexual abuse. [ESPN]

* Looking for a job in legal academia? Get to know the members of the hiring committee! [PrawfsBlawg]

* “Federal Filing of the Day: Nebraska Man Says He Left Baylor With GPS Sewn in Armpit.” [Unfair Park / Dallas Observer]

Ashley Alexandra Dupré, Eliot Spitzer's former paramour.

* Eliot Spitzer gets hit with a libel lawsuit seeking $60 million. That’s worth how many hours of Ashley Alexandra Dupré? [New York Observer]

* Congratulations to Ted Frank and his colleagues at the Center for Class Action Fairness on their latest victory — which appears to represent “the first time the Ninth Circuit has vacated approval of a class action settlement since 2003.” [Center for Class Action Fairness]

* Elsewhere in the Ninth Circuit, justice delayed turns out to be justice denied for a prisoner who died while waiting over five years for a federal district judge to rule on his habeas petition. (The magistrate judge had already recommended granting relief.) [Los Angeles Times]