Books

SCOTUS broke this Con Law nerd’s heart.

We should realize that this is an emperor that truly has no clothes. For too long, we have treated the Court [a]s if they are the high priests of the law, or at least as if they are the smartest and best lawyers in society.

Erwin Chemerinsky, preeminent constitutional law scholar and dean of the UC Irvine School of Law, writing in what Robert Barnes of the Washington Post refers to as the academic’s “break-up note” to the Supreme Court. In his new book, The Case Against the Supreme Court (affiliate link), Chemerinsky notes that “[t]he court has frequently failed, throughout American history, at its most important tasks, at its most important moments.”

* Well here’s a headline: My Solo Practice Ended My Marriage. [Law Firm Suites]

* Pennsylvania Attorney General claims officials sent and received porn via state email accounts for years, “including top state jurists and 30 current employees of the state Attorney General’s Office.” If the AG’s office is swapping porn at all hours, somehow the whole “systematic blind eye to Penn State” thing makes more sense. [Associated Press via Lehigh Valley Live]

* Interesting argument for law schools to adopt the Montessori method “in the mindset of professors, in classroom management, in physical building design, and in radical curricular reform.” Law school deans’ eyes glazed over until they heard “physical building design” and recognized the potential for more spending. [TaxProf Blog]

* Here come the litany of Supreme Court previews. Most of them will focus on stuff like gay marriage. But this one gets to the sexy stuff, like FLSA regulations. [Federal Regulations Advisor]

* Oh look, the government made a rule that will ultimately accomplish nothing! That’s so cute. [CNBC]

* Prominent lawyer marries actor. Well played. [Jezebel]

* Boalt 3L builds app to “add the features Westlaw forgot.” Westlaw didn’t forget, they were just crowdsourcing. [The Recorder]

* Another review of Supreme Ambitions (affiliate link), David Lat’s forthcoming novel. [Indiana Law Blog]

* A list of lawyers who followed their passions. Let’s be honest: I just like that Lat’s in the same listicle as Jerry Springer. [One 400]

* Another report on the Brian Leiter kerfuffle (by Professor Jonathan Adler). [The Volokh Conspiracy / Washington Post]

* Postal carrier hoarded 40,000 pieces of mail. Newman! [The Smoking Gun]

* Another court allows service via Facebook. [Peter S. Vogel]

* Eric Holder is resigning. Time for the speculation that he must have done something awful to begin! [New York Observer]

* D.C. lawyer Ronald Goldfarb reviews John W. Dean’s new book (affiliate link) about the Nixon tapes. [Washington Independent Review of Books]


* New York court authorizes service over Facebook. Finally, a reason to use Google Plus. [Slate]

* Texas struck down the statute banning upskirt photos. The decision is more interesting than the sound-bite press it’s getting. [Popehat]

* Some PR advice may be privileged. Which is good because the law needs to incentivize companies trying to cover up possible legal liabilities. It might be more nuanced than that, but still. [Corporate Counsel]

* In the wake of the passing of Tommy Boggs, a profile on his power within Patton Boggs, including details of the final year leading up to its merger. [National Law Journal]

* A roundup of early reviews for David Lat’s forthcoming novel, Supreme Ambitions (affiliate link). [Supreme Ambitions]

* On choosing a criminal defense lawyer and why you might not want some reformed prosecutor. [Katz Justice]

* The Senate confirmed Gordon Tanner as general counsel to the Air Force. This is noteworthy because it reflects just how quickly the country has progressed from affirmative witch hunts, to “Don’t Ask, Don’t Tell,” to confirming a gay man as the top lawyer for a branch of the Armed Forces. [Washington Blade]

* A 49er fan is suing the NFL for $50 million for a policy that limited ticket sales to customers in Seahawks territory. Based on the season so far, he luckily won’t have to worry about the 49ers in the playoffs this year. [ESPN]

* Speaking of football, South Park ran an ad limited to D.C. during the Washington-Eagles game. See Eric Cartman school Dan Snyder on trademark law, after the jump…. [SB Nation]

double red triangle arrows Continue reading “Non-Sequiturs: 09.22.14″

Insider trading tastes delicious!

* Politics and Biglaw just don’t mix: House Republicans hired Quinn Emanuel to handle their suit against President Barack Obama after Baker Hostetler withdrew from the representation due to “political pressure” the firm was facing. [Politico]

* The paper and napkin-eating “Middleman” in the post-it note insider trading ring pleaded guilty to securities fraud charges. This might make it difficult for his cohorts to substantiate their not-guilty pleas. [DealBook / New York Times]

* “This is a tale with no shortage of knaves or villains.” If you’re interested in learning about Chevron’s legal wranglings in Ecuador and with plaintiffs attorney Steven Donziger, there are a bunch of interesting new readings for you to peruse. [WSJ Law Blog]

* Crisis in legal education be damned! They may have bad timing, but these law schools are focusing on building bigger and better facilities for students they’re unable to put in their seats. [National Law Journal]

* Ohio law schools have taken a bruising in terms of decreased enrollment, but the University of Toledo has faced the worst of it. With a 25.9% reduction in 1Ls, tuition cuts can only do so much. [Toledo Blade]

Trial by jury is the palladium of our liberties. I do not know what a palladium is, having never seen a palladium, but it is a good thing no doubt at any rate.

– Mark Twain, offering a stirring tribute to the American legal system. This quote, among many others, appears in a new compilation of Twain’s commentary on lawyers and the law entitled Mark Twain v. Lawyers, Lawmakers, and Lawbreakers. Palladium is a rare metallic element with atomic number 46, but we’re guessing Twain was going for another definition.

* Law student sends naked selfie to her father. Hilarity ensues. [Inside Edition]

* “Is insider trading bad?” Asking for a friend. [The Atlantic]

* Judge catches law firm cheating on the page limit. Apparently, Judge Carl Barbier was well-versed in the “slightly less than double-spaced” trick. [NPR]

* What’s the matter with (statutory interpretation in) Kansas? [KSN]

* You may have heard that technology is going to gut the market for low-level lawyering. If not, here’s a wakeup call. [Forbes]

* This year’s MacArthur genius grant recipients. Is your name on the list? SPOILER: No. But a William Mitchell Law professor is. [New York Times]

* Steve Klepper’s fair-minded and favorable review of Lat’s forthcoming book, Supreme Ambitions (affiliate link). [Maryland Appellate Blog]

Last year, St. Martin’s Press published The Partner Track, the debut novel of lawyer Helen Wan. Writing in the Wall Street Journal, I praised the book for being engaging, suspenseful, and — unlike so many legal novels — realistic. The paperback edition of The Partner Track became available last week.

I enjoy fiction about lawyers, as both a reader and writer — my own first novel comes out in a few weeks — and I’m deeply interested in how other writers work. So I interviewed Helen Wan about her book, her approach to writing, and how she managed to write a novel while holding down a demanding job as an in-house lawyer for Time Warner. I also asked for her advice on how women and minority lawyers can succeed in Biglaw.

Here’s a (lightly edited and condensed) write-up of our conversation.

double red triangle arrows Continue reading “From Lawyer To Novelist: An Interview With Helen Wan, Author Of The Partner Track”

David Foster Wallace

David Foster Wallace died six years ago today, on September 12, 2008. The author of novels such as Infinite Jest, The Pale King, and essay collections such as A Supposedly Fun Thing I’ll Never Do Again hanged himself in the garage of his California home. DFW was 46.
David Foster Wallace was a lawyer’s writer, if ever one could use that label without intending insult. DFW was not a lawyer, though he famously became friends and collaborators with legal writing expert Bryan Garner. Garner’s co-author Justice Antonin Scalia is also said to be a fan. Countless attorneys who haven’t cracked a novel in years will brighten at the mention of DFW. Analytical, language-obsessed, and neurotic, he may have captured the modus operandi of many lawyers as well as any novelist or essayist could.

David Foster Wallace, especially for a fiction writer, was logical, analytical. He never quite left behind the mindset of the analytic philosophy student he once was. Wallace’s senior thesis in modal logic was published posthumously. His senior thesis in English became his first published novel, The Broom of the System. He wrote lit for STEM geeks and logic nerds . . . including the many STEM geeks and logic nerds who later ended up in law. (Myself included.)

double red triangle arrows Continue reading “On The Anniversary Of His Death: Why Lawyers Love David Foster Wallace”

* Our columnist Steve Dykstra opines that Roger Goodell is not going to get fired over the Ray Rice investigation/non-investigation. But what we really want to know from Dykstra is his opinion on how badly the West is going to beat the East in this year’s Grey Cup. [Steven Dykstra]

* Apparently, we’ve been banned by Reddit. I think as editors we’ve posted on Reddit maybe 3 times in the last year, so it certainly isn’t our fault. Reddit notes “above the law will no longer be receiving traffic or page views from here,” which I guess is supposed to be a threat. Hey, don’t fault us just because our content is so good. *cue unimaginative trolling* [Reddit]

* A discussion of gutless women. [The Careerist / The American Lawyer]

* MGM might lose the rights to a pair of Clint Eastwood classics. Specifically, The Good, The Bad and The Ugly, For a Few Dollars More, and Last Tango in Paris. [Hollywood, Esq. / Hollywood Reporter]

* The winner of the Hofstra Law School Mystery Short Story Contest is “A Prisoner of Time” by Lucian E. Dervan. That sounds like a 1980s Doctor Who episode. [Mulholland Books]

* Beau Brindley pleads not guilty to telling a witness to lie. So, that case is moving right along. [My Fox Chicago]

* Vermont Law School cites children’s story books. [Law School Lemmings]

* D.C. lawyer Jacob McDermott is climbing Mt. Kilimanjaro to raise money for LiveStrong. Check out his donation site. [LiveStrong]

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