9th Circuit

Even Justice Kennedy has chimed in on the need for law schools to, uh, reevaluate their priorities...

* What do Tiger Woods’s sexts, Anthony Weiner’s wiener, and the newsworthiness exception to copyright infringement have in common? They’re all in this colorful Ninth Circuit dissent. [National Law Journal]

* Dewey have any idea when this “clawback” deadline will stop being extended? Partners have again been granted another extension to sign on the dotted line, but this time for only 48 hours. [WSJ Law Blog]

* If your reason for resigning from your position as a congressman has to do with “increasing parenting challenges,” becoming the managing director of Biglaw practice group likely isn’t a wise choice. [POLITICO]

* A shareholder suit filed against Goldman Sachs over mortgage-backed securities and early TARP repayment was dismissed. I didn’t watch the Daily Show last night, but I’m sure Jon Stewart had a great joke. [Reuters]

* Musical deans? Hot on the heels of Jeremy Paul’s announcement that he was leaving for Northeastern, Professor Willajeanne McLean has been appointed as interim dean at UConn Law. [Connecticut Law Tribune]

* Law school didn’t build that: as it turns out, a juris doctor isn’t as versatile a degree as it’s made out to be. Just because you managed to get a good non-law job, it doesn’t mean a J.D. helped you. [Am Law Daily]

* Jaynie Mae Baker, the Millionaire Madam’s sidekick, has struck a plea deal with the DA. She won’t be going to jail for her adventures in high-class hooking, and might walk away without a criminal record. [New York Post]

The Ninth Circuit issues an unusual opinion on warrantless utilities records requests.

* The ABA adopted a rule that law school data must not be “misleading.” That rule of course means nothing unless the ABA has the will to enforce it. [American Bar Association] * Posner, gay porn, and the future of the internet. Oh yeah, you’re clicking on this link. [Hollywood Reporter] * Some Penn State trustees are filing an appeal over their NCAA sanctions. Yeah, because we really want a higher power to take a closer look at PSU. [ESPN] * Alex Kozinski kind of apologizes for the 9th Circuit judicial conference in Maui. Kind of. [9th Cir. via How Appealing] * I was in the opening segment of the new Planet Mancow show with Erich “Mancow” Muller. Apparently, I’m the only guy who thinks an Escape from New York scenario where everybody is armed is a bad thing. [Planet Mancow] * Media bias isn’t necessarily what you think it is. [The Atlantic]

The Ninth Circuit catches flack for holding a judicial conference… in the Ninth Circuit.

* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly] * AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice] * Just before she was convicted of public intoxication, DLA Piper partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat] * Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business] * Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun] * Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal] * Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zach Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]

* Dewey know the firms that have been tapped to represent the groups that this failed firm owes money to? Yes, we do! Brown Rudnick for the unsecured creditors’ committee, and Kasowitz Benson for the former D&L partners. [Am Law Daily (sub. req.)]

* The Ninth Circuit is supposed to be issuing an order today regarding an en banc reconsideration request on the Prop 8 case. They really ought to slap a big fat denial on that motherf’er and call it a day so we get some SCOTUS action. [Poliglot / Metro Weekly]

* Matthew Kluger, most recently of Fried Frank, has been sentenced to 12 years in prison, which is the longest sentence that anyone’s ever received in an insider trading case. Uh yeah, he’ll definitely be appealing. [Wall Street Journal (sub. req.)]

* Hughes Hubbard & Reed has billed more than $17M in the first four months of its work on MF Global’s unwinding. Will the firm will be handing out spring “special” bonuses like they did last year? [Reuters]

* Mattel is appealing MGA’s $310M copyright award, claiming that the judgment was based on “erroneous billing invoices.” Don’t you call my billable hours into question, Kathleen Sullivan. [National Law Journal]

* Jerry Sandusky’s accusers will be named in court thanks to this judge’s ruling. But don’t worry — there’s no tweeting, texting, or emailing allowed in his courtroom. Like that’ll make a difference. [Legal Intelligencer]

* Trust me, I’m a lawyer: a disbarred Colorado attorney somehow managed to scam a convicted con artist out of more than $1 million. Now that’s some pretty sweet karmic intervention for you. [Missouri Lawyers Media]

* A bus driver is suing a hospital because he claims that instead of treating his painful erection, the staff watched a baseball game on TV. Whatever, that was a really great Yankees game. [Associated Press]

* The bassist of The Vandals, an 80s punk band famous for songs like “Anarchy Burger (Hold the Government),” is running for judge in southern California. Man, I would love to see his campaign video. [The Atlantic] * Congratulations to Judge Morgan Brenda Christen, the first Alaskan woman to join the Ninth Circuit. [Courthouse News] * It’s hard out here for a transfer student. [Inside the Law School Scam] * Can a judge force you to turn over your Facebook status updates? Inquiring minds want to know when you ate your grilled cheese sandwich, and when you fed your cat. [The Volokh Conspiracy] * Do you think the Divorce Hotel takes a AAA discount? Are they available for corporate retreats? Do you need to book a separate bedroom for the kids? [Legal Blog Watch] * Take note, future political candidates: when the going gets tough, the tough get going change their legal name to a website URL. [Legal Juice]

* Dewey have any cash to pay the people helping to wind down our firm’s business? Nope! Even though JPMorgan backed D&L’s $8.6M motion to fund the firm’s ongoing operations, Judge Glenn insisted that the bank “[r]oll [its] truck up and start collecting accounts receivable.” [Am Law Daily (reg. req.)]

* “Don’t tase my baby, bro!” SCOTUS has declined to review a case where the Ninth Circuit ruled that the use of a Taser on a seven-month pregnant woman constituted excessive force. [Thomson Reuters News & Insight]

* “The jury has sent a note that they’ve reached… [dramatic pause] … a good stopping point.” Judicial humor lightened the mood after the seventh day of deliberations without a verdict in the John Edwards trial. [ABC News]

* Dharun Ravi finally issued an apology for his “stupid and childish” behavior, and he’ll be heading off to serve his 30-day jail sentence on Thursday. And you know, that jail sentence is joke enough for this blurb. [CNN]

* “Dumb Blonde” isn’t a name that Elizabeth Warren takes too kindly to being called. She much prefers the name that her Native American ancestors bestowed upon her: “Running Joke.” [San Francisco Chronicle]

* Four of the alleged victims in the Jerry Sandusky case have asked the court to protect their identities. It’s kind of like the Michael Jackson case, but everyone cares more because this one involves football. [Bloomberg]

* Hundreds of lawyers, notaries, and other legal professionals took to the streets in Montreal earlier this week to publicly protest Bill 78, a law that limits public protests. That’s so meta, eh Canadians? [Montreal Gazette]

Which circuit judge has the most former clerks who are now judges themselves? And how is Judge Kozinski spending the Memorial Day weekend?

Can you use a Taser on a pregnant woman? How many times can you do it? Once? Twice? Three times?

Bankrupt farmers, tricky tax laws, and bar admission ceremonies are just some of the things you'll encounter at the Supreme Court...

Two distinguished federal judges recently passed away, after many years of dedicated service.

* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]

* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]

* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]

* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]

* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend second-best school in the nation. [MLive.com]

* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]

* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]

Sometimes, lawyers can go a little overboard with their victory dances. Sometimes, lawyers will think up some really outside-the-box ways to shame the losing litigant — and in the process, themselves.

* Professor Brian Tamanaha: “Not since 1986-1987 have law schools seen total applicant numbers this low.” Good news, or bad news? Actually, a bit of both. [Balkinization via Instapundit] * Musical chairs: Michael Chepiga, the retired Simpson partner and erstwhile Broadway playwright, has a new and unusual job. [Am Law Daily] * Elsewhere in job […]

What does Chief Judge Alex Kozinski of the Ninth Circuit think of dissents from the denial of rehearing en banc (aka dissentals)?

* Due process, judicial process, yeah, yeah, same difference. Not so, says Attorney General Eric Holder — especially when it comes to assassinating killing Americans abroad. [Blog of Legal Times]

* Now that BP has settled claims made by private sector plaintiffs, state and federal government lawyers are getting ready to wait “months, not weeks” for their new trial date. [Financial Times]

* Newt Gingrich wants his “Eye of the Tiger” copyright infringement suit to be dismissed. Listen, judge, if he can’t play this song, we won’t get our moon base or cheaper gas. [The Caucus / New York Times]

* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]

* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]

* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]

Chief Judge Richard Cebull of Montana, the judge who sent around a racist and sexist email about Barack Obama and the president's dead mother, has started the "damage control" process that will never really end. What steps has he taken to address the situation?

* John Edwards’s heart condition has improved, so his campaign finance trial will begin in April. Your heart condition would be more manageable, too, if you knew your sex tapes were going to be destroyed. [Bloomberg]

* Despite his love of all things fabulous (like peep-toe shoes), Proposition 8 plaintiffs don’t want Chief Judge Alex Kozinski to hear their arguments on an en banc panel of the Ninth Circuit. [Poliglot / Metro Weekly]

* Instead of filing a motion to dismiss like Cooley and NYLS, Florida Coastal School of Law has removed its law school lawsuit to federal court. Will this be the start of a new trend? [Thomson Reuters News & Insight]

* A witness claims that Dharun Ravi “appeared uncomfortable” because his roommate was gay — so uncomfortable that he allegedly set up a webcam to watch his intimate encounters. That makes sense. [CNN]

* Objection! Lindsay Lohan is hosting Saturday Night Live, but her lawyer had to approve all of her skits. What a shame. Bobby Moynihan would’ve been great as Judge Sautner. [Daily Dish / San Francisco Chronicle]