David Lat & Elie Mystal

Posts by David Lat & Elie Mystal

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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Lat here. Earlier this month, I wondered: could the bumper crop of new partners at Cravath bode well for bonuses? Although firms like Cravath generally make partnership decisions with a focus on the longer term, as opposed to based on short-term financial performance, a class of five partners is one of the largest Cravath has had in years. It certainly seems to reflect a good degree of confidence about the firm’s future.

Now we have our answer as to the size of Cravath bonuses. The firm just announced its year-end bonuses for 2012, and they’re not simply a cut-and-paste of last year’s numbers. This year’s bonuses are more generous than last year’s, which is great news (at least for associates trying to pay off their law school loans; partners might be less enthused).

Sit up and take notes, since the Cravath bonus scale sets the bar for most other major law firms….

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'I'm ending my 1L year with a B-minus average. What's the point in going on?'

Lat here. Your Above the Law editors occasionally receive requests for advice from readers, to which we sometimes respond. Back in March, for example, Elie Mystal and I debated the merits of Harvard Law School versus Yale Law School, for the benefit of a prospective law student choosing between these two fine institutions. In case you’re wondering, he’s going to Yale.

(The future Yalie explained his decision this way: “I didn’t want to take the chance that even if I worked harder at HLS, I could still be ranked below enough outstanding students to not impress a professor, land a good clerkship, etc. I also got the impression that this risk-averse mentality was what drove many people who were on the fence between YLS and HLS to eventually choose YLS.”)

Choosing between Harvard and Yale is a high-class problem. Today we look at a situation that we’ve addressed before, in 2010 and 2011, and that continues to confront our readers. The question presented: If you do poorly in law school, should you cut your losses and drop out? Or should you keep on trucking and collect that J.D. degree?

We have two fact patterns. One involves a 1L, and one involves a 2L. Let’s hear them out, shall we?

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Elie here. In news that should shock no one, Dewey & LeBoeuf has canceled its 2012 summer program. Honestly, if you were a 2L who was planning on going to Dewey this summer and you are just now figuring out that it’s not going to happen, you should probably spend more time reading Above the Law and less time sniffing glue. (Pro tip: sniffing glue + reading ATL = total awesomeness.)

We’ve also got some additional information about a possible criminal probe into the Dewey situation by Manhattan District Attorney Cyrus Vance. (We briefly considered the headlines “Dewey Have Any Lube for this Probe?” or “Dewey Know Any Good Criminal Defense Lawyers?”)

Let’s get into it. I’ll turn the floor over to Lat….

UPDATE (5:25 PM): Additional info, appended after the jump.

UPDATE (4/30/2012): We’ve added some material to the memo about the cancellation of the summer program that was initially missing when we first published this post.

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(And additional info about a possible criminal probe.)”

Lat here. In late March, I wrote a story with this title: “Sullivan & Cromwell Will Pay Spring Bonuses — But Will They Be Too Small To Be Worth Matching?”

I’m sad to report that my prediction has come to pass. Sullivan & Cromwell has announced spring bonuses, but they’re nothing to write home about. They are probably too modest for other firms to bother matching. The spring bonuses of Quinn Emanuel will surely exceed the S&C amounts.

Sullivan promised spring bonuses in its 2011 year-end bonus memo, and it reiterated that promise on subsequent occasions. But the powers that be at S&C never said anything as to amounts, leading some to forecast wimpy payouts.

So how much are we talking about? Let’s find out, and get some color commentary from my colleague, Elie Mystal….

UPDATE (4:20 PM): We’re continuing to update this post. Go after the jump and refresh.

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Lat here. Not long ago, Elie and I debated the merits of Harvard Law versus Yale Law, in response to a request for advice from a prospective law student lucky enough to be choosing between HLS and YLS. Then we opened up a reader poll, in which about 60 percent of you urged the 0L in question to go to Yale.

As we move deeper into spring, more aspiring law students will have to make up their minds about matriculation destinations. Today we’ll look at the case of a student who’s choosing between a trio of very fine schools: Georgetown University Law Center, the University of Texas School of Law, and UCLA School of Law.

Let’s hear him out, weigh the competing factors, and vote….

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Yale Law v. Harvard Law: a first-world problem.

Lat here. It’s March, so you know what that means: prospective law students, those wise or foolish people who have decided to ignore the warnings of law school’s many critics, are deciding where to matriculate. And they want our — and your — advice.

Last year, my colleague Elie Mystal offered advice to 0Ls who were considering such schools as Columbia, Chicago, NYU, Michigan, Northwestern, Vanderbilt, Illinois, and Minnesota. In case you missed the post, you can check it out here.

This year, Elie and I are going to offer conflicting advice — yes, it’s an ATL Debate — to a future law student with a real high-class problem. He’s choosing between Yale Law School and Harvard Law School.

Grab yourself a drink, make yourself some popcorn, and sit back, as Elie and I argue against our respective alma maters. And then, at the end, cast your vote in our reader poll….

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The power to thwart God's will is at your local drugstore.

Who’d have thunk it? These days, contraception is a hot-button issue. On the campaign trail, presidential candidate Rick Santorum thinks that Griswold was wrongly decided. Inside academia, students are challenging the refusal of one Catholic university (including its law school) to let its health centers prescribe birth control.

Getting upset over inadequate access to contraception is one thing. What about getting upset — at a Catholic law school, mind you — over a discussion of birth control? Can you imagine what kind of comments about contraception could cause a law school community to get all riled up?

Let’s look at — and argue about — the email that caused students at one top-ranked Catholic law school to get their diaphragms all scrunched up proverbial panties in a wad. Even the dean had to get involved….

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He grows strong off the tears of fired workers.

* There’s a new chief legal officer at Morgan Stanley: Eric Grossman, a former Davis Polk partner, replaces Frank Barron, a former Cravath partner (who joined Morgan Stanley not that long ago; if you know more about this odd situation, email us). [Bloomberg Businessweek]

* Will anybody be surprised if it turns out that Ron Paul likes to fire people too? [Politico]

* Et tu, Bill Kristol? [Weekly Standard]

* How will Citizens United affect the political process? We’re starting to find out. [WSJ Law Blog]

Chief Judge Alex Kozinski

* How often does a federal judge get a shout-out in the announcement of a pop music group’s tour? [The Music Network]

* Or how often does a federal judge go on tour with his own band? [Patently-O]

* Maybe the NLRB should stay the course on protecting employees’ rights to organize themselves using social media. [LexisNexis / Labor & Employment Law]

* Most people will just ignore the balanced budget amendment as proposed by Chuck Woolery (yes, that Chuck Woolery), but on the off chance that somebody actually says to you, “You know, Chuck Woolery has some really good ideas,” here’s somebody who took the time to smack the Chuckster down. [Recess Appointment]

Susan Finkelstein is NOT a prostitute! Is that clear? NOT a prostitute.

* A Pennsylvania appeals court ruled that selling sex for Phillies tickets doesn’t make you a prostitute. She was already a Phillies fan, so calling her a whore was redundant. [Legal Blog Watch]

* Occupy Wall Street is looking for a few good accountants. Man, they are about six months from telling us that some of us are more equal than others. [Going Concern]

* If the mainstream media is afraid of speaking out against the TSA, it’s only because they’ve gotten used to simply regurgitating the spin fed to them by their precious government sources. [Popehat]

Congrats to Ronan Farrow and all the other members of the Forbes 30 Under 30 list.

* If this is what Forbes is publishing for its “30 Under 30 in Law & Policy,” then Above the Law should publish “20 Legal Leaders Under 20.” Look, here’s a college freshman who takes color-coded notes, keeps an extra raised hand in her purse, and has no womb — she’s a future SCOTUS justice! [Forbes]

* Move over, Memoirs of a Geisha; make way for Memoirs of a Gunner. [Smashwords]

* An interesting look at how five federal circuit courts manage their caseloads, by Marin Levy. [Jotwell: Courts Law and SSRN]

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