Two straight articles about Senate confirmation powers from me. Using @recessappt as my Twitter handle is looking pretty prescient.
This time we’re talking about the New York State Senate, where Governor (and world’s least discreet White House aspirant) Andrew Cuomo found out that the Judiciary Committee has begrudgingly allowed Cuomo’s nominee for the New York Court of Appeals, Jenny Rivera, to move to the floor without a recommendation. A bold move, but at least Rivera made it out of the committee, because the committee had enough ticked-off GOP members that it could have killed the nomination outright — and the committee has never rejected a governor’s nominee before. As is, a few Republicans voted to let the nomination move forward with recommendation rather than kill it.
So there you go Democrats! Cuomo can get bulldozed by a Senate like a champ.
But at least the whole affair provides us with highbrow commentary on the state of affirmative action….
‘If they take my stapler then I’ll set the building on fire…’
* “It’s very hard to copyright a story about an individual growing up in the ghetto and getting involved in crime.” Go Third Circuit, it’s your birthday, we gon’ affirm that like it’s your birthday. [New Jersey Law Journal (reg. req.)]
* I believe you have my stapler? A former Fried Frank staffer has been accused of stealing more than $376K worth of copy machine ink from the firm and selling it on the black market for office supplies. [Am Law Daily]
* Governor Andrew Cuomo nominated Jenny Rivera, a CUNY School of Law professor, to fill a vacant New York Court of Appeals seat. If confirmed, she’ll be the second Hispanic to sit on the court. [New York Law Journal]
* This’ll please the gun nuts: Governor Cuomo’s gun-control bill was passed by the legislature and signed into law, officially making New York the state with the toughest gun restrictions in the nation. [New York Times]
* And this right here is the lawsuit equivalent of half-court heave. A lawyer is suing the San Antonio Spurs because the team’s coach sent all of its best players home to rest without the fans’ prior knowledge. [ESPN]
* Eric Holder has agreed to serve once more as attorney general during President Barack Obama’s second term, but he still plans to leave at some point — after all, he’s no “Janet Reno of the Justice Department.” [Blog of Legal Times]
* AIG will not join the lawsuit against America. To put that in terms that should be just as outrageous, former AIG CEO Hank Greenberg is still suing America. [Washington Post]
* For those who care about Biglaw firms and the landlords who love them, fear not, because there’s a whole lot of moving and shaking in terms of commercial real estate deals for Arnold & Porter, Goodwin Procter, and Sidley Austin. [Am Law Daily]
* Jacoby & Meyers scored at the Second Circuit: its attack on New York’s ban on non-lawyer firm ownership was reinstated. Soon Walmart will own a firm with “Low Prices. Every day. On everything.” [Bloomberg]
* Who’ll step in to fill Evan Caminker’s $400,000+ shoes as the next dean of Michigan Law? None other than Mark West, who’d like to improve financial aid and loan repayment programs. [National Law Journal]
* Gun nuts, commence your rioting… now. If passed, Governor Andrew Cuomo’s sweeping gun-control proposal would make New York the state with the strictest gun laws in the country. [WSJ Law Blog (sub. req.)]
* Speaking of needless gun violence, by Friday, we’ll know whether there’s enough evidence to move forward with a trial for James Holmes, the accused shooter in the Aurora movie theater massacre. [New York Times]
* The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]
* “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]
* According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]
* Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]
* When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]
* Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]
* I don’t fully understand this story, but it involves the beautiful and deadly Zhang Ziyi and a SLAPP suit. [Techdirt]
* I’m interested in who Andrew Cuomo appoints to the New York Court of Appeals, just because I’m interested in how Cuomo picks judges. You know, just because 2016-2020 could be an interesting time when it comes to shifting the balance of power on the Supreme Court. [WiseLaw NY]
* A Holland & Knight partner is leaving to start teaching an “Indigent Defense” class at Georgetown. I’m not sure who is teaching the companion class: “Blood From A Rock: How To Get Fees Out Of Indigent Clients.” [Legal Blog Watch]
* I swear I was absent the day they explained that the NRA is the fifth branch of government in civics class. [PrawfsBlawg]
* This seems like a good time to say that I watch This Week with George Stephanopoulos instead of Meet the Press. But I really think that DCPD has better things to do than investigate David Gregory’s ammo clip prop. [Slate]
I’m always amazed when people aren’t afraid to let everybody know their prejudices. Even a little impressed. In most situations, people try to their disguise their disgust at an entire class of people, or at least try to express their viewpoints from behind a cloak of anonymity. But when people just come balls out with their prejudices, well, it’s a sight to see.
And when people who serve in official government positions reveal their contempt for the separation of church and state, that just makes it so much better.
I guess what I’m trying to say is that a person like Laura Fotusky fascinates me. She’s the former town clerk in Barker, New York, who chose to resign rather than sign a gay marriage license. Apparently the new New York gay marriage law conflicted with Fotusky’s interpretation of God’s law. Or, put another way, Fotusky thought she was teaching Sunday school, and then woke up one day as the town clerk of Barker, New York.
At least she corrected the problem, and for that she should be applauded….
We live in the age of ulcer-inducing, never-ending budget cuts. It’s surprising, though, when the chopping block can help the government achieve some progress, instead of just slicing its legs off.
And what do you know? We happen to have recent news of that sort from the New York Unified Court System.
Last week, Chief Judge Jonathan Lippman proposed to cut $100 million from the $2.7 billion 2011-2012 state court budget. But his plan doesn’t just take money away from cute little babies and helpless lawyers. If Lippman gets his way, a big chunk of the cuts will come from implementing mandatory e-filing statewide.
Why didn’t this happen years ago? Way to make lemonade, Judge!
* Time to find a new fetish to deposit in your spank banks, sickos, because animal crush videos have been banned (again). [CNN Politics]
* Despite Mark Madoff’s suicide, Irving Picard still has him on a short leash is pursuing litigation against the Madoffs. All clawback lawsuits against the family will continue to move ahead. [Wall Street Journal]
* An inconvenient truth? A massage therapist in Oregon previously accused Al Gore, once thought to be a robot eunuch, of unwanted sexual advances. Is this why the Gores’ marriage didn’t have a happy ending? [Associated Press]
* YouTube scores a “decisive win” over Viacom in their long-running litigation over copyright infringement, thanks to the Digital Millennium Copyright Act’s “safe harbor” provision. [Technology & Marketing Law Blog / Eric Goldman]
* Should Judge Martin Feldman have recused himself in the deep-water drilling case? [WSJ Law Blog]
* Is Supreme Court nominee Elena Kagan getting “borked” — by Bork? [The BLT via ABA Journal]
* Alleged Jamaican drug lord Christopher Coke, a fugitive from justice, is captured; Manatt Phelps claims it never did lobbying work in the Coke case. [Am Law Daily]
* New York Attorney General Andrew Cuomo, now running for governor, has accepted millions in campaign cash from special interests (some of whom he has pursued as AG). [New York Times]
* Five Muslim men from Virginia are each sentenced by a Pakistani court to at least 10 years in prison, on terrorism charges. [Washington Post]
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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