David Lat
Posts by David Lat
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Courts
51 Imperfect Solutions: An Interview With Judge Jeffrey Sutton (Part 2)
We speak with Judge Jeffrey Sutton about amending state constitutions versus the federal constitution, originalism versus living constitutionalism, and the growing prestige of state judiciaries. -
Courts
51 Imperfect Solutions: An Interview With Judge Jeffrey Sutton (Part 1)
When it comes to American constitutional law, state judges don't get no respect -- and this needs to change, as Judge Jeffrey Sutton argues in an important new book. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Non-Sequiturs
Non-Sequiturs: 07.29.18
* Amy Howe has highlights from Judge Brett Kavanaugh’s completed questionnaire for the Senate Judiciary Committee — including the five different law firms where he worked as a summer associate. [SCOTUSblog]
* Despite Judge Kavanaugh’s impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought — and Adam Feldman explains why. [Empirical SCOTUS]
* In other nominations news, Veronica “Ronnye” Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bounds, whose Ninth Circuit nomination was defeated last week. [Oregonian]
* Does the failure of the Bounds nomination spell trouble for the Kavanaugh nomination? Here are some thoughts from Elizabeth Slattery and me. [SCOTUS 101 / Heritage Foundation]
* Had he been confirmed, Ryan Bounds would have replaced his (and my) former boss, Judge Diarmuid F. O’Scannlain — who just penned a landmark Second Amendment opinion, Young v. Hawaii, that could very well wind up before SCOTUS (and allow the Court to settle a circuit spit). [Volokh Conspiracy / Reason]
* Speaking of the Ninth Circuit, Chris Walker has some concerns about the late Judge Stephen Reinhardt casting the deciding vote in an important tax law case, some four months after his passing. [Notice & Comment / Yale Journal on Regulation]
* Why is the internet such a cesspool today? Media lawyer Charles Glasser identifies five factors behind the decline (and gives a shoutout to Above the Law’s dearly departed comments section). [Daily Caller]
* Elsewhere in the First Amendment world, Joel Cohen and Dale Degenshein argue that it should be easier for parties to have documents sealed in litigation. [The Hill]
* If you appreciate the dying art that is the book review, check out Alice Lloyd’s beautifully written review of Robert Anthony Siegel’s Criminals: My Family’s Life on Both Sides of the Law (affiliate link), which paints a portrait of his father, Stanley Siegel — “a big-hearted and brilliant,” but deeply troubled criminal defense lawyer. [Weekly Standard]
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Crime, Law Schools
The Dan Markel Case: A Helping Hand For Katherine Magbanua -- From A Relative Accused Of Embezzlement?
Katherine Magbanua's lawyers deny any connection between who's paying her legal fees and the embezzlement charges against her sister-in-law. -
Non-Sequiturs
Non-Sequiturs: 07.22.18
* Which lawyers write the best Supreme Court amicus briefs? Adam Feldman uses Ross Guberman’s BriefCatch tool to find out. [Empirical SCOTUS]
* In advance of Judge Brett Kavanaugh’s SCOTUS confirmation hearings, Carrie Severino has this handy roundup of eight important Kavanaugh opinions. [Bench Memos / National Review]
* Speaking of which, Professor Steve Vladeck raises some good possible questions for the nominee about the interaction between Morrison v. Olson and special counsel Robert Mueller’s investigation. [Lawfare]
* I don’t think Roe is getting overruled — but if it were to be overturned, what would happen to state abortion prohibitions that have not been officially repealed? [Josh Blackman]
* On that same subject, Professor Michael Dorf wonders: could Justice Thomas save abortion rights? [Take Care]
* Wherein Jonathan Adler and James Ho (now Judge James Ho) agree with Elie Mystal on the wrongness of that recent Washington Post op-ed about birthright citizenship. [Volokh Conspiracy / Reason]
* Is your legal department a “goat rodeo”? You’re not alone, according to Casey Flaherty. [3 Geeks and a Law Blog]
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Courts
Deconstructing The Defeat Of Ryan Bounds's Ninth Circuit Nomination
The nominee was a victim of unfairly late objections by Senate Republicans, strategic missteps by Republican leadership, or both. -
Justice
3 Thoughts About Closing The Justice Gap
Addressing this crisis requires cooperation and collaboration. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Biglaw
The State Of Biglaw And The Evolving Role Of The Law Librarian
Three pieces of advice for Biglaw librarians seeking to keep abreast of changing times. -
Non-Sequiturs
Non-Sequiturs: 07.15.18
* What’s it like to take the California bar exam as a 46-year-old law professor? Orin Kerr enlightens us. [Reason / Volokh Conspiracy]
* Charles Glasser points out the dangers involved in holding a speaker responsible for actions taken by listeners. [Daily Caller]
* In the Term that just ended, the Supreme Court tackled technology issues in a big way — and the implications are far-reaching, as J.P. Schnapper-Casteras explains. [Take Care]
* Elizabeth Slattery and I joined Laurence Colletti, guest host of the Lawyer 2 Lawyer podcast, to discuss Justice Anthony M. Kennedy’s SCOTUS retirement and the nomination of his successor, Judge Brett Kavanaugh. [Legal Talk Network]
* There has been a lot of speculation about how a Justice Brett Kavanaugh might move the Court to the right; Adam Feldman digs into the cases to make some educated guesses. [Empirical SCOTUS]
* What lessons could losing the Court teach the Democrats? Here are some thoughts from Seth Lipsky and David Leonhardt. [New York Post via Instapundit]
* And what lessons can lawyers learn from Judge Kavanaugh’s excellent writing? Ross Guberman identifies five of them. [Legal Writing Pro]
* Joel Cohen and Dale Degenshein explore what happens when a citizen “flips the bird” at the police (hint: it’s not a good idea). [Law and Crime]
* Congratulations to Thomson Reuters on the launch of Westlaw Edge, the latest version of its industry-leading legal research platform — which boasts a slew of new, artificial-intelligence-driven features, helpfully explained by Jean O’Grady. [Dewey B Strategic]
* And speaking of AI, congratulations to Fenwick & West on cutting the time for contract review in half, with the help of technology from Kira Systems. [Artificial Lawyer]
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Courts
5 Flashpoints For The Supreme Court Nomination Of Judge Brett Kavanaugh
These issues are generating discussion, but they are unlikely to stop Judge Kavanaugh's confirmation. -
Courts
Meet President Trump's Supreme Court Nominee: Judge Brett M. Kavanaugh!
Congratulations and good luck to this worthy nominee! -
Non-Sequiturs
Non-Sequiturs: 07.08.18
* After the D.C. Circuit, which circuit has produced the most justices who have joined the Supreme Court after 1900? The answer might surprise you. [Empirical SCOTUS]
* Here are thoughts on the SCOTUS shortlisters from my colleague Joe Patrice — who explains why it’s unlikely we’ll get another Souter. [The Takeaway / WNYC]
* Here are where the leading Court candidates stand on issues of admin law, courtesy of Chris Walker and company. [Notice & Comment / Yale Journal on Regulation]
* And here’s a response to my argument that liberals shouldn’t panic about SCOTUS, from San Francisco litigator Gordon Renneisen. [Law360]
* Leah Litman believes that the new justice spells trouble for Roe — but the specific reasoning for undermining Roe could take different forms. [Take Care]
* Josh Blackman explains why court packing would be neither feasible nor wise. [National Review]
* Veronica Root uses law clerk hiring as a jumping-off point to explain why diversity and compliance are deeply intertwined. [PrawfsBlawg]
* “Mysterious men and women in wizard-like robes make decisions in private that profoundly shape our lives.” Are we talking about SCOTUS, or… The Incredibles? [Gizmodo]
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Courts
The Search For A Supreme Court Nominee: Judge Thomas Hardiman Makes The Final Four
Please note the UPDATE -- Judge Hardiman could very well become Justice Hardiman. -
Courts
The Supreme Court Nomination Process: Who's Our Next SCOTUS Nominee?
The process is getting ugly -- can't conservatives all just get along? -
Courts
President Trump Interviews More Supreme Court Candidates (Including Senator Mike Lee)
But is Senator Lee actually a serious contender? -
Courts
The Supreme Court Sweepstakes: The Case For Judge Kavanaugh
The field is narrowing, but the situation remains fluid. -
Courts
The Names Of The Four Supreme Court Finalists Interviewed By President Donald Trump (So Far)
All four of these names appear on President Trump's shortlist of 25 contenders. -
Courts
America's Next Top Justice: Judge Brett Kavanaugh, Or Judge Raymond Kethledge?
The nominee will -- and should -- be one of these two very well-credentialed, highly regarded, experienced federal judges. -
Non-Sequiturs
Non-Sequiturs: 07.01.18
* Having placed Justice Anthony Kennedy’s Supreme Court retirement in political context, let’s now put it into historical context. [Retropolis / Washington Post]
* This makes some folks quite upset, but there’s no denying it: the Roberts Court is now truly the Roberts Court (and he probably isn’t thrilled about it either). [Empirical SCOTUS]
* Kathryn Haun — a former Kennedy clerk, by the way — has parlayed her expertise in Bitcoin, developed during her years as a federal prosecutor, into a new position leading Andreessen Horowitz’s $300 million fund focusing on cryptocurrency-related startups. Congrats, Katie! [Axios]
* Let’s not forget about President Trump’s transformation of the lower federal courts — because it’s not just about SCOTUS. [The Takeaway / WNYC]
* Check out Susman Godfrey’s new mandatory retirement policy — could this become the industry standard? [Texas Lawyer]
* Yes, the First Amendment is awesome and all — but is it also encouraging errors in news reporting, as Charles Glasser suggests? [Daily Caller]
* Speaking of mistakes, Ed Whelan sets Ben Shapiro straight on Judge Brett Kavanaugh, a leading contender to replace Justice Kennedy. [Bench Memos / National Review]
* President Trump says he wants to pick a SCOTUS nominee who could serve on the Court for 40 years or more — and if you take the five youngest names on his list of 25, it’s entirely possible. [Althouse]
* This should come as no surprise, but now law firms are joining the chase after data scientists. [Artificial Lawyer]
* Congratulations to the Practising Law Institute (PLI) and Fastcase, innovators in their respective spaces, on their new alliance. [Dewey B Strategic]