American Constitution Society (ACS)

* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ]

* Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN]

* If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE]

* A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice]

* Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy]

* Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast]

* On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society]

* Then next Tuesday, The Cato Institute’s Center for Constitutional Studies will host a symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.” Panelists include Tom Goldstein, Marcia Coyle, and Howard Bashman. [How Appealing]

Well, they give zero f**ks. Not a single one.

They’re wearing a ridiculous piece of fashion because they do not care about your opinion. Remember Gordon Gee? Bill Nye? Donald Duck?

And this universal truism was reaffirmed when the 93-year-old former justice took the stage before a giant gathering of liberal lawyers, jurists, academics, and law students, and patiently told them how wrong they are about DNA and the Fourth Amendment.

This is what happens when you invite Republicans to speak…

double red triangle arrows Continue reading “Justice Stevens Address: Guys Who Wear Bow Ties…”

Greetings from Washington, D.C., the site of the 2013 American Constitution Society National Convention! The mood at the annual meeting of the Anti-Federalist Society is heavy on the gloom and doom so far. I mean, they’ve won five of six national popular elections, you’d think liberals could take a second or two to be happy, no?

But the looming disasters of Fisher and Shelby County permeate the discussion. Had Fisher come down yesterday as a lot of us had expected, I’m not sure the Capital Hilton would have had enough booze in stock.

It’s not just the continuing battering ram the courts have taken to the progressive agenda that’s getting folks down. At least four times, I’ve been asked the whereabouts of one Elie Mystal, who participated in the kick-off “career alternatives” panel last year and was promptly not asked back. Something about taking off his pants to demonstrate how blogging differs from law.

Here are my early takeaways, including nuggets from Senator Elizabeth Warren and Senator Jeff Merkley…

double red triangle arrows Continue reading “ACS 2013: Liberals Aren’t Very Optimistic”


Can you say Fear and Loathing in Las Vegas (affiliate link)? I’ll be “fear,” given my generally anxious personality, and Elie can be “loathing,” since he’s so good at it.

Greetings from Sin City. Elie and I are in town for a debate we’re participating in tomorrow on the future of legal education. The debate will take place on Monday at noon in room 102 at UNLV Law School. The event is free and open to the public, and lunch will be provided, so please come if you can. Thanks to the Federalist Society and the American Constitution Society for co-sponsoring. (You can check out the event flyer here.)

While in Las Vegas, in addition to stimulating the local economy by losing money at craps and poker, I paid a visit to the site of a major Above the Law story: the alleged bird beheading that resulted in criminal charges for two Berkeley law students. Here are my observations and photographs….

double red triangle arrows Continue reading “ATL Field Trip: Viva Las Vegas”

October first is the start of the new Supreme Court term!

If, like many readers, you’re a few years out of law school, this may strike you with a mild sense of dread. You remember the heady days of law school when you followed every argument, opinion, and cert grant from One First Street Northeast with an excitement rivaled only by your enthusiasm for the starting salaries for first-year associates.

Alas, the years since law school haven’t been kind to your pants size or your level of engagement with the Supreme Court.

Now, I suspect, you worry that soon — at a family dinner, dropping off your kids at preschool, or anywhere else you interact with non-lawyers — someone will recognize that you are a lawyer, and ask you what to make of the new Supreme Court term.

You have three options for how to deal with this, now, before the media frenzy over the new Supreme Court term starts.

First, you can admit to yourself that you’re no longer the gunner you used to be. You can tell people that just don’t follow the Supreme Court anymore, since you’ve gotten really interested in your exciting new life doing document review for a municipal bond arbitration.

But you’re not going to do that. If you were that good at being honest with yourself, you aren’t likely to be the kind of person who went to law school in the first place.

Second, perhaps, you can wade through the volume of information out there about the new term. Go through SCOTUSblog with the same passion you now spend tracking whether your friends from law school have better careers than you do. Maybe go to one of the OT 2012 preview events that clog every convention hall and small town library starting in mid-September.

That takes time and energy. Tom Goldstein sometimes uses really long paragraphs, and you really wanted to spend more time Googling for topless pictures of Kate Middleton.

Instead, you could let me to one of those events for you. For the truly efficient, follow the jump, sit back, and enjoy Kaiser’s Guide To Bluffing Your Way Through Knowledge About the Supreme Court’s New Term to Non-Lawyers….

double red triangle arrows Continue reading “Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term to Non-Lawyers”

Justice Ginsburg

It is likely that the sharp disagreement rate will go up next week and the week after.

– Justice Ruth Bader Ginsburg, in recent remarks at the American Constitution Society’s national convention, referring to likelihood that the Court’s 44% approval rating will go even lower after decisions are announced in the remaining cases still pending before the Supreme Court — including the Affordable Care Act case.

(What else did RBG have to say? Check out a video of her address, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: She Disapproves of Your Disapproval”

Mrs. Zimmerman, I presume.

* What price can you put on freedom (or lack thereof)? Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, sued a whole host of defendants after his exoneration — and won more than $5 million. [Cruel and Unusual]

* One way of dealing with opposing counsel is to grope them and expose yourself to them. I didn’t say it was a “good” was to deal with opposing counsel. [New York Personal Injury Law Blog]

* George Zimmerman’s wife was arrested for perjury. Good thing she wasn’t wearing a hoodie while she allegedly lied, ’cause you know how that goes. [Orlando Sentinel]

* When studying for the bar, you have to at least pretend that there’s going to be a job afterwards. Don’t torture yourself with reality. [Law Riot]

* As a boy with a girl’s name, I’m always worried that something like this will happen to me. Trust me, my son will not have this problem. I’ll call the kid Mars Glock The Penismightier Mystal or something. [The Daily Dolt]

* Is the NFL going to end up like Big Tobacco? [Forbes]

* I’ll be moderating a panel at this year’s American Constitution Society National Convention. That means I’m coming to D.C.! If you want to hang out, I’ll be drinking with Marin at Off the Record — which is downstairs at the Hay-Adams — starting at about 8:30 tomorrow night. [American Constitution Society]

Rover's last wish was to have his ashes sprinkled over a pile of money.

* Saying your dog ate something isn’t a creative enough excuse these days. Try this instead: “I kept the clients’ missing money in my car, which I left running in the parking lot to keep my dead dog’s ashes from freezing. Someone then stole the car, and now the missing client money is gone forever!” [Canadian Lawyer]

* Oh, to be a lawyer with the ability to tell opposing counsel that his client is a “spoiled, brainless twit.” It’s even better when opposing counsel’s client is Meghan McCain. [Spectacle Blog / American Spectator]

* Next time you feel like kicking the crap out of someone, make sure your twin is there, because there’s a high likelihood that you’ll both get off. [Legal Juice]

* A judge in Louisiana just threw a case out because he didn’t want to catch the flu from a witness. Elie was right: germaphobia is the real contagion! [Lowering the Bar]

* How would Jesus feel about guns in his church? He’d probably change them into dildos and tell the violence-bearers to go f**k themselves. [WSJ Law Blog]

* There’s been a lot of talk about personal branding for lawyers lately. This guy probably has the right idea, but you’ve got to wonder if he really wants to be known as the “Bald Lawyer” for the rest of his life. What happens if he decides to get plugs? [Legal Blog Watch]

* Here’s the best thing written about Steve Jobs today. [The Wirecutter]

* Here’s who the ACS is inviting to speak in Georgia. Take that George Mason Federalist Society. [ACS]

* Are you applying to law school (or do you know someone who is)? Have Lat review the application essay — and support a good cause at the same time. [Kickstarter]

Elie wishes he had taken the nuggets.

* What can law firms learn from Folgers crystals? Maybe how to provide legal services rich enough to be served to America’s finest corporations. [What About Clients?]

* A look at what $100,000 in law school loans could have purchased instead — e.g., 505,050 chicken nuggets from Wendy’s. [Constitutional Daily]

* What kind of “reasonable accommodations” are alcoholics entitled to in the workplace? A three-martini mojito lunch sounds good to me. [Overlawyered]

* Some thoughts from Henry Blodget on Groupon and the SEC-mandated “quiet period.” Any thoughts, readers, on Blodget’s take on attorney/client privilege? [Business Insider]

* Professor Ann Althouse on the exoneration of Justice David Prosser (noted in Morning Docket): “A justice is despised because his decisions do not please liberals, and so, without thought, they forgot about things liberals like to love themselves for caring about, such as fairness and due process.” [Althouse]

Is it wrong to find Justin Bieber totally hot? Just askin'....

* E-discovery is moving to the cloud. What are the opportunities and the risks? Ben Kerschberg and Bret Laughlin discuss. [Forbes]

* Speaking of e-discovery, the DISH Network and Redgrave LLP are sponsoring an e-discovery research and writing competition, open to law students. [dishdiscovery]

* Law librarian Joe Hodnicki weighs in on the controversy over ScamProf aka Paul Campos and his controversial blog. [Law Librarian Blog]

* If you share Staci’s opinion that Justin Bieber “kind of looks like a girl,” here’s some support for your viewpoint. [Fashionista]

* The American Constitution Society is holding an online symposium in honor of the unveiling of the Martin Luther King Jr. National Memorial. [ACSblog]

One of [my handlers during my confirmation process] said, ‘You know, you might want to apologize for some of the things you wrote.’ I said to him, ‘Can we get one thing straight? I am not apologizing.’

I’ve lived the life I’ve wanted to live. I’ve said the things I’ve wanted to say. If you really want me to say I’m sorry, I’ll say, ‘I’m sorry that my life’s work has been misunderstood.’

Harold Koh, current Legal Adviser to the State Department and former Dean of Yale Law School, in recent remarks he delivered at the American Constitution Society’s annual convention. (In the same speech, Koh voiced support for Yale Law graduate Goodwin Liu, whose Ninth Circuit nomination was successfully filibustered.)

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