Anthony Kennedy

Justice Gaga?

That’s not a nice thing to call that lady.

– Justice Anthony Kennedy, recounting a story about what he said last year after he overheard someone refer to Lady Gaga by name. The SCOTUS jurist’s children and grandchildren think he’s a “cultural dinosaur.”

* Justice Anthony Kennedy doesn’t think that law school should be shortened to two years, but he does think that the “cost factor has to be addressed.” Somebody really ought to listen to this man and give his words some credence. [WSJ Law Blog (sub. req.)]

* Let’s give Lady Justice a big round of applause, because the federal judiciary announced that it’s got enough cash on hand to keep things running until October 17, two whole days more than originally planned. Cherish the small things. [Blog of Legal Times]

* If Biglaw firms don’t adapt to the changing times, they may soon go the way of the dodo — or, to be a little more relevant to large law firms, they may soon go the way of the Dewey. Scary. [American Lawyer]

* Gov. Chris Christie’s administration appealed a judge’s denial of a stay on a ruling allowing gay marriages to be performed within the state. Please try to stay Jersey Strong and fabulous through this. [USA Today]

* Law review? More like flaw review, amirite? Apparently there’s a big problem with law review articles, and it’s not just that they’re incredibly boring and wind up in books that are never read. [National Law Journal]

* Musical chairs (White House hottie edition): Michael Gottlieb, former associate counsel to President Barack Obama, is joining the Washington, D.C. office of Boies Schiller & Flexner. [The BLT: The Blog of Legal Times]

* The search is on for jurors to serve in the criminal trial for Bernie Madoff’s former employees, but in a case of guilt by association, it’s proving to be a difficult exercise. [WSJ Law Blog (sub. req.)]

* “Democracy is not on autopilot,” said Justice Kennedy at Penn Law. Just because we have a Constitution doesn’t mean it will prevail — which is being evidenced by our government now. [Philadelphia Inquirer]

* Because no one could be more “non-essential” than a law student during this mess, the government shutdown is taking a toll on their externship placements throughout the district. [National Law Journal]

* The Princeton Review’s annual law school rankings are out, and boy, have things changed — including the schools with the best career prospects. We’ll have more on this news later today. [Chicago Tribune]

* Cooley Law is teaming up with Eastern Michigan University to offer joint degrees. But we thought Cooley was teaming up with Western Michigan University. Is Cooley infiltrating all Michigan schools? [MLive.com]

‘Who’s bad? O’Melveny!’

* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]

* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]

* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]

* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]

* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]

* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]

Justice Anthony Kennedy

What Earl Warren was to civil rights and what Ruth Bader Ginsburg was to women’s rights, [Anthony] Kennedy is to gay rights.

Michael C. Dorf, a professor at Cornell Law who once served as a clerk to Justice Kennedy, offering high praise to his former employer in light of the jurist’s landmark opinions championing gay rights.

* We bet you never thought you’d be spending Labor Day weekend debating with your relatives the legality of a U.S. military strike on Syria and the intricacies of international law. Gee, thanks President Obama. [CNN]

* Over the long holiday weekend, Justice Ruth Bader Ginsburg served as officiant at the gay wedding of John Roberts. No, not that John Roberts, but what an incredibly apropos coincidence that was. [Washington Post]

* Speaking of same-sex marriage, even though “[n]o one told [him] it was an easy job when [he] signed on,” Justice Anthony Kennedy revealed himself to be an ally of the gay rights movement. [New York Times]

* Two days after filing an appeal with the Third Circuit, the parents of a deceased Cozen O’Connor partner have ended their battle to deny their daughter’s profit-sharing benefits to her wife. [Law360 (sub. req.)]

* Twitter’s general counsel deactivated his account position with the social media giant, and looks forward to “goofing off.” Congrats to Vijaya Gadde, who will head up the company’s IPO. [Bits / New York Times]

* Biglaw’s latest scapegoat for the culling of the associate herd is the decline of Chapter 11 filings, otherwise known by industry insiders as the “bankruptcy recession.” [New York Law Journal (sub. req.)]

* Without any rabbits left to pull out of hats, it’s been predicted that by 2018, the Magic Circle will be no more. This is one disappearing act lawyers obsessed with prestige hope will never happen. [The Lawyer]

* If you want to learn more about fashion law, check out this interview with Barbara Kolsun, a woman who literally wrote the book on it (affiliate link) while serving as general counsel at Stuart Weitzman. [Corporate Counsel]

* So what has Kenneth Randall been up to since he left the deanship at Alabama School of Law? He’s working to “train law students for jobs that don’t require a bar license” over at InfiLaw. Awesome. [Tuscaloosa News]

* Legal commentators like Elie and Lat would be ecstatic if law school were two years long, but because so many others have a “vested interest in the status quo,” change will come at approximately half past never. [CNBC]

* Ronald H. Coase, influential legend of law and economics and Nobel prize winner, RIP. [Chicago Law]

We’ve talked extensively about the decline in law school applications. Law schools are now entering a time of consequences. Schools at the very top are going to do fine. Shockingly, schools at the very bottom are probably also okay, as there is always somebody who has no business going to law school who still wants to go.

But schools in the great middle — from just outside the top tier to anybody trying to maintain a bare minimum of standards — are feeling the crunch.

Something has to give. And one law school on the West Coast has decided that people should be the first to go. First, the school fired staff. Now, the school is slashing class size. But I’ll note that the school does not seem to be slashing salaries or cutting tuition. Apparently, people are easier to cut than budgets….

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Behold The Nine.

Elie here. In sports, we assess the legacy of athletes after every game. In politics, we assess the legacy of elected officials after every vote or scandal. So why can’t we do the same for Supreme Court justices?

In case you’ve been living under a rock, it’s been a pretty big week over at One First Street. The Court has decided a number of high-profile, controversial cases. Those decisions have come down with strong holdings, blistering dissents, and stinging concurrences. Each justice is aware that the words they’ve published this week could be around for a long time, long after they’re dead, and will be judged by history.

But who has time to wait for history? David Lat and I engage in some instant legacy analysis on what this week has meant for each of the nine justices on the Supreme Court. Let’s break it down in order of seniority, starting with the Chief….

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The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)

The Supreme Court was called to order at 10:00 a.m. sharp. The Chief Justice announced, “Justice Kennedy has our first opinion of the day in case number 12-307, United States v. Windsor. Everyone, in the bar members section at least, knew that this was the Defense of Marriage Act case.

That Justice Kennedy was announcing the opinion was significant; he wrote Lawrence v. Texas. Still, no one knew if the Court would reach the merits, since the Solicitor General had announced that the Executive Branch would not defend the constitutionality of DOMA.

Justice Kennedy is an orderly man. He set out the procedural background – Edith Windsor and Thea Spyer were married legally in Canada, then came home to New York. Their same-sex marriage is lawful where it was performed and where they lived. Spyer died and left her estate to Windsor. Windsor sought to claim an estate tax exemption for the death of a spouse. DOMA prevented the IRS from recognizing Spyer as Windsor’s spouse. Windsor paid the tax, then challenged DOMA. She won in the district court and the Second Circuit. Justice Kennedy explained how a bipartisan committee found counsel to defend DOMA, and how DOMA was defended ably in the Supreme Court.

(As an aside, Paul Clement took heat for defending DOMA for Congress. When you think about it, if he hadn’t defended it well, the Supreme Court may not have thought it could reach the issue. Paul Clement may be the unsung hero of the DOMA decision.)

So, Kennedy concluded, the Court could reach the merits of whether DOMA is constitutional.

Though a hopeful sign for those who would cheer the demise of DOMA, the decision wasn’t entirely clear….

double red triangle arrows Continue reading “The Supreme Court Holds That It Is Unconstitutional For The Government To Hate Gay People”

The headline in The Onion, which we noted earlier today, pretty much says it all: “Impatient Nation Demands Supreme Court Just Get To The Gay Stuff.” Today, the last day of the Term, SCOTUS granted our wish, issuing its long-awaited rulings on gay marriage in California and on the federal Defense of Marriage Act.

Last night, I attended the New York City Bar Association’s annual reception and cocktail party celebrating LGBT Pride Month. M. Dru Levasseur of Lambda Legal and Lisa Linsky were honored for their work advancing LGBT rights. In her eloquent remarks, Linsky noted that despite all the progress of our community, and regardless of what the Supreme Court rules today, many battles remain to be fought.

How many more battles, and of what intensity? Let’s find out what the Court just decided, on the tenth anniversary of the landmark decision in Lawrence v. Texas….

Please note the multiple UPDATES added below.

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