David Lat
Posts by David Lat
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Courts, Government
Judicial Nominees And Their College Writings: Enough Is Enough
We need a statute of limitations when it comes to the scribblings of one's youth. -
Boutique Law Firms, Small Law Firms
An Innovative New Boutique's Continued Expansion
Leading litigator Roberta Kaplan welcomes two more members to her company. -
Non-Sequiturs
Non-Sequiturs: 04.15.18
* Has it really come to this? Protesting a nice, nerdy, thoughtful law professor, simply because he questions the constitutionality of DACA (while supporting the DREAM Act)? [Josh Blackman]
* How much should we read into Team Mueller’s reassurance to President Trump that he is a subject rather than a target of its investigation? Not much, according to veteran criminal defense lawyer Joel Cohen. [The Hill]
* How would William Howard Taft have responded to attacks on judges? The POTUS turned SCOTUS chief was quite prescient about judicial independence — as explained by Jeff Rosen, author of a new Taft biography (affiliate link). [Volokh Conspiracy / Reason]
* Speaking of SCOTUS, what’s it like to work in the Solicitor General’s Office? One of the OSG’s newest members, former SCOTUS clerk Jonathan Ellis, pulls back the curtain. [Penn Law via How Appealing]
* How does Justice Gorsuch compare to Justice Scalia — not just in terms of personality, but also in terms of jurisprudence? [Empirical SCOTUS]
* And speaking of Justice Gorsuch, congratulations to Tobi Young, who will be clerking for NMG in October Term 2018 — and who is believed to be the first enrolled citizen of a Native American tribe to clerk for the Court. (By the way, I have another SCOTUS clerk hiring roundup in the works, so please send me your hiring news.) [Chickasaw Nation]
* Are you a healthcare lawyer? You might be interested in this new tool from Bloomberg Law. [Dewey B Strategic]
* Friendly reminder: the Global Legal Hackathon is entering its final stage, and you’re invited — hope to see you on April 21! [Artificial Lawyer]
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Crime, Law Schools
The Dan Markel Case: The Markels Break Their Silence
If you've been following this case, tune in to Dateline NBC on Friday night. -
Technology
Come One, Come All -- To The Global Legal Hackathon!
This historic happening will take place in New York City on April 21. We hope to see you there! -
Privacy, Sponsored Content, Technology
Privacy Goes Global: An Interview With Tim Harty
Are you and your employer ready for the challenges and opportunities? -
Non-Sequiturs
Non-Sequiturs: 04.08.18
* Remember the “revealed preferences” law school rankings that debuted last year? Christopher Ryan and Brian Frye have issued the 2018 edition. [SSRN]
* And C.J. Ryan offers yet another set of law school rankings, this time focused on “value added” (similar in philosophy to the ATL rankings, but Ryan’s top ten is very different from ours). [SSRN]
* If brevity is the soul of wit, then Supreme Court opinions are getting less and less witty; Adam Feldman has the data to prove it. [Empirical SCOTUS]
* A serious threat to political speech and election integrity, according to media law expert Charles Glasser: the weaponization of copyright law. [Daily Caller]
* Andy Oldham, President Trump’s latest Fifth Circuit nominee, is very, very smart — and very, very conservative. [Texas Tribune]
* The latest headline-making case handled by legendary litigator Ed Hayes is a doozy — involving a former beauty queen, a hedge-fund magnate, an ostrich farm, and… an STD. [New York Post]
* Interested in constitutional law and possessed of a progressive perspective? Here’s a great job opportunity you should check out. [Constitutional Accountability Center]
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Technology
Data Security And Data Breaches: What's A Lawyer To Do?
How can lawyers help their clients protect their data, and how can lawyers help in the event of a breach? -
Privacy, Technology
The Future Of Privacy Law: A Conversation With Rita Heimes
Our relationship as Americans with privacy? It's complicated. -
In-House Counsel, Privacy, Technology
6 Insights About GDPR Compliance
Sorry, folks -- when it comes to GDPR compliance, there are no shortcuts. -
Legal Ethics, Technology
Machine Learning And Human Values: Can They Be Reconciled?
Taken as a whole, artificial intelligence will promote justice and prosperity -- but as with any technology, it presents some ethical challenges. -
Federal Government, Government
5 Tips For Getting A Federal Government Job
Applying to the federal government isn't like applying to any old employer. -
Non-Sequiturs
Non-Sequiturs: 04.01.18
* Should a robot run the Federal Reserve? Passive monetary policy has its virtues, according to law professor Max Raskin. [Wall Street Journal]
* Which methods of statutory interpretation are most popular the Supreme Court these days? Adam Feldman breaks it down. [Empirical SCOTUS]
* Recalling judges just because we don’t like their decisions? Joel Cohen has some serious concerns. [The Hill]
* New at business development and seeking to grow your business? Deborah Farone, former chief marketing officer at Cravath and Debevoise, offers these insights. [The Current]
* “What Happens When the Government Lies About You in Court? Spoiler alert: Absolutely nothing.” [Weekly Standard]
* Prosecutorial perk: a free gym membership? Maybe if you work for South Carolina prosecutor Dan Johnson. [The State]
* Quite possibly the largest list of DWI facts on the planet. [Versus Texas]
* Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), is running for Congress — and coming to New York this month, for an event with actress Jill Kargman of Odd Mom Out. [Saira for Congress]
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Courts
Judge Stephen Reinhardt, Liberal Lion Of The Ninth Circuit, Has Passed Away
Love or hate his jurisprudence, Judge Reinhardt's importance and influence cannot be denied. -
In-House Counsel, Privacy, Technology
GDPR Compliance: We've Only Just Begun
Complying with the GDPR is a marathon, not a sprint. -
Privacy, Technology
The Next Hot Area Of Law: Privacy
The demand for lawyers who understand privacy is high -- and will only get higher in the years ahead. -
Sponsored Content, Technology
Putting The User First: An Interview With Dhananjay Nagalkar
'There’s a tremendous opportunity to harness technology and help lawyers become more efficient and effective.' -
Non-Sequiturs
Non-Sequiturs: 03.25.18
* Brad Karp and Christopher Boehning of Paul, Weiss make the case in favor of stripping gun manufacturers and sellers of their statutory immunity from suit in most negligence and product liability actions. [New York Times]
* Remember the Moonlight Fire case? Ten state AGs have filed an amicus brief in support of the cert petition. [U.S. Supreme Court]
* It’s almost time to file your taxes — and the Supreme Court just made it a little bit easier to cheat on them. [Volokh Conspiracy / Reason]
* In other SCOTUS news, the Court is taking its sweet time in handing down opinions this Term, as Adam Feldman observes. [Empirical SCOTUS]
* And speaking of Adam Feldman, he’s now working with SCOTUSblog — congratulations to both parties! [SCOTUSblog]
* Leading media lawyer Charles Glasser looks at the challenges that corrections pose to the media (both print and digital). [Daily Caller]
* Vineeta Vijayaraghavan points out that gun violence doesn’t spare the elite, noting that firearms killed three of her Harvard classmates (including Professor Dan Markel). [USA Today]
* Cambridge Analytica, a data analytics consulting firm, has been widely condemned for its work on the 2016 Trump election campaign — but it’s not clear that its conduct violated data-protection laws or even Facebook policies, according to Tim Pullan of ThoughtRiver. [Artificial Lawyer]
* Professor Michael Dorf remembers lawyer, author, and editor Julie Hilden, who passed away earlier this month. [Dorf on Law]
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Non-Sequiturs
Non-Sequiturs: 03.18.18
* Adam Feldman uses BriefCatch, a powerful new tool from legal writing guru Ross Guberman, to find the best writers in the Supreme Court bar — and some of the top advocates might surprise you. [Empirical SCOTUS]
* Prominent First Amendment litigator Charles Glasser makes the (compelling) case in favor of a federal anti-SLAPP statute. [Daily Caller]
* Jeff Hauser, executive director of the Revolving Door Project, argues that the Trump Justice Department’s installation of Trump allies as interim U.S. attorneys “represent[s] a test of civil society’s ability to fight back against threats to the rule of law” — and so far, “the test is going poorly.” [Slate]
* Speaking of the Trump DOJ, Ben Adlin breaks down the latest federal-state fight — and explains why it’s not as simple as just citing the Supremacy Clause. [Leafly]
* “Bring me a case!” Reflections from Joel Cohen and Bennett L. Gershman on using litigation to bring about social change. [Law.com]
* What can legal marketers learn from… a man using a cat as his hat? [Shana Douglas]
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Biglaw
Biglaw Business Development: 7 Tips From Top Rainmakers
Prominent partners from five top law firms share the secrets of their success.