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Do I Smell A Fuhrman?
Or Is That Just What Bacon Normally Smells Like?

oj wiggles free again.jpgJust to give you fair warning, O.J. Simpson could get off again.

The Juice is on trial for storming into the Palace Station hotel in Las Vegas and "liberating" some sports memorabilia at gunpoint. The prosecution would like to make the case about the largely inescapable facts that O.J. and his friends stole the goods and had guns.

O.J. and his lawyer Yale Galanter would like the case to turn on some other factor: persecution, "justifiable" larceny, wookies.

After the train wreck that was Mark Fuhrman, you'd think that any cop investigating O.J. would be on his best behavior. But there seems to be something about police officers losing their collective minds when it comes to O.J.

In testimony last week, detective Andy Caldwell essentially admitted that he turned into the great Cornholio when he found out that O.J. Simpson was prominently involved:

Jurors who have been told to refrain from judging O.J. Simpson on his past heard a recording Thursday of a police employee exulting: "This is great. ... California can't get him. ... Now we'll be able to."

The recording was made by Thomas Riccio, the star witness for the prosecution.

Nice.

Maybe this will still work out for Vegas PD. After all, finding 12 people who have not already pre-judged Simpson is practically impossible. But the heart of Simpson's first brush with the law was shoddy and untrustworthy police work.

Here we go again.

Update (10/04/08): See here.

Vegas police talked of 'getting' O.J. on recording [My Way News]
In Session [CNN]

They Mated: Legal All-Stars Edition

avatar Marin ATL Idol.jpg[Ed. note: This post is by MARIN, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Marin's avatar (at right).]

Legions of ATL readers waited with bated breath for the results of our wildly popular prior post. Without further ado, we present to you the offspring of our superstar attorney pairings:

Jeremy Pitcock Eliot Spitzer mated.jpg

Aaron Charney H Rodgin Cohen mated result.jpg

Ann Althouse Tom Goldstein mated.jpg

Alex Kozinski Elizabeth Halverson Ron Jeremy.jpg

Batman Arrested in London
Bale Released on Bail, Denies Assault Allegations

Christian Bale Batman Bruce Wayne assault.jpgWe have not yet seen the new Batman movie, The Dark Knight. It's too bad we're not summering at Simpson Thacher in New York. Have you seen the film? Does it live up to the hype?

Meanwhile, Batman star Christian Bale was arrested in London, before being released on bail. From the Daily Mail:

Batman star Christian Bale was released on police bail today after he was arrested on suspicion of assaulting two family members.

The Hollywood actor was questioned for four hours at Belgravia police station in central London and later bailed to a date in September pending further inquiries.

Bale, 34, is alleged to have lashed out at his mother Jenny, 61, and sister Sharon, 40, in his suite at Park Lane's Dorchester Hotel on Sunday night.

If true -- Bale denies the allegations -- such conduct is most unbecoming of Bruce Wayne.

Batman star Christian Bale released on bail amid claims he assaulted his own mother and sister [Daily Mail via Drudge Report]
CHRISTIAN BALE DENIES ASSAULT ALLEGATION [AP via New York Post]

Reality TV Star Update: David Otunga - Where Is He Now?

David Otunga Sidley Austin I Love New York Above the Law blog.jpgUs Weekly is like The Economist of celebrity gossip. If you can make it through the latest issue, you're all caught up in the world.

To be sure, going through an issue of Us Weekly (so many pictures!) is easier than plowing your way through The Economist. So over the weekend, we did just that -- and learned something new and interesting. From the latest issue (write-up not available online):

Jennifer Hudson has landed a Harvard hottie! The actress, 26, who split from her long-time beau, maintenance engineer [Ed. note: janitor?] James Payton, is getting serious with Chicago lawyer David Otunga, 28, who appeared on I Love New York 2.

"She wants to get engaged," a source tells Hot Stuff. For his part, Otunga tells Us, "Jennifer is a wonderful girl."

Fabulous! How many HLS grads and Sidley Austin alums make it into the pages of Us Weekly?

Update: We intended the question to be rhetorical. But as a commenter notes, "Michelle Obama was extensively covered in last week's issue."

A little more discussion, including commentary from an Otunga classmate from Harvard Law, after the jump.

Continue reading "Reality TV Star Update: David Otunga - Where Is He Now?"

The Eyes of the Law: Scalia, J., Hearting Sex and the City

We wouldn't have guessed this, in light of his social conservatism and the show's risqué nature. But here it is, from New York Magazine's Intelligencer:

Apparently Antonin Scalia is a Sex and the City fan. When Sarah Jessica Parker finished an interview with Charlie Rose on May 29, she left the Bloomberg Building, where the show is taped, and stopped for a cigarette in the courtyard. The conservative Supreme Court justice emerged from a nearby Town Car and rushed over to praise the star.

"He was absolutely gushing, telling her how much he loved her show and how excited he was to see the movie," says a witness. "Finally, he asked her if he could bum a cigarette." She obliged, the witness said, and then Scalia strolled away. A Supreme Court spokeswoman confirmed the meeting but denied the cadge. "He was there for a symposium," she said. "And he lent her a match."

Sarah Jessica Parker Carrie Bradshaw SJP SATC Antonin Scalia Justice Scalia.jpgWhat, no lighter? Supreme Court justices may be underpaid, but Justice Scalia, who recently reported assets between $1.5 million and $3 million, can surely afford a nice Dunhill.

On second thought, maybe chemistry between SJP and AS isn't so surprising after all. Justice Scalia does look a little like "Mr. Big." (Or, to put it another way, Chris Noth looks like a young Scalia.)

Over at the WSJ Law Blog, a commenter speculates: "That is a new low, a guy telling a woman how much he likes 'Sex and the City' in order to bum a cigarette from her. How many guys really like that HBO series? Not very many. Scalia must be a hard core nicotine addict."

Update / Correction: This post is subject to a correction. Please see here.

Love Supreme for Carrie Bradshaw [Intelligencer / NYM via WSJ Law Blog]

Lawyer of the Day: Mike Roman

mike roman.jpgToday's Lawyer of the Day would have had a great "Behind the Music" story, if only had his ploy worked. From Friday's Chicago Tribune:

A lawyer was booted from the Cook County Criminal Courts Building today after attempting to foist his own music CD on R. Kelly in the courtroom where his trial is taking place.

Attorney Mike Roman approached Kelly on Friday morning while the singer was sitting alone at the defense table. With his lawyers and the prosecutors meeting privately in the judge's chambers, the R&B superstar was left to fend off the man's overture.

Roman -- a local criminal-defense lawyer who fronts the Latin rock band, Mike Roman and the Tellstars, in his spare time -- offered Kelly a free copy of his CD "Cha Cha Time." Kelly, 41, is considered one of the music industry's most prolific songwriters and producers....

"I'm a lawyer and I'm musician," Roman told the authorities. "What's wrong with that?"

Do you really want us to answer that? We've been to your website.

Roman cooperated with his removal -- but not before trying to sell a "Cha Cha Time" CD to one of Kelly's defense attorneys for $15.

From the snippets on Mike Roman and The Tellstars website, we doubt R. Kelly would have dug the music even if he'd taken the cd.

"Ladies and Gentlemen, it's Cha Cha time."

Attorney's musical overture hits sour note [Chicago Tribune]

Lawyer of the Day: Mark Vincent Kaplan aka K-Fed's Attorney

kfed.jpgThe inanity of Kevin Federline's fame never ceases to amaze. He has achieved widespread recognition by shacking up with Britney Spears, making some babies, and creating some bad music.

K-Fed has garnered enough media attention that there's some excess for his attorney. Mark Vincent Kaplan is interviewed by the AP this week. He talks about the custody proceedings over Spears and K-Fed's two children and how the case has helped his career:

The case is arguably among the most significant in the attorney's 34-year career, and Kaplan said it has inspired personal satisfaction and professional growth.

"Very few lawyers get the opportunity that this case has presented on every possible issue you can think of," he continued. "Even fewer lawyers recognize the opportunity, and even a smaller percentage of those have the (guts) to go for the opportunity."

Of course being around celebrity has perks of its own.

"It's made it possible to not have to make reservations at a restaurant," he said, "but that too shall pass."

Celebrity divorces and custody battles seem like a nice niche. No reservations needed at restaurants. He gets to use the paparazzi to do his research instead of hiring private investigators (like that no-good Pellicano guy).

His quote seems a little defensive, though. Maybe because there's a good percentage of attorneys who wouldn't want their name followed by "aka K-Fed's attorney."

We spotlighted Kaplan previously as a Lawyer to Layabout Lovers. He also served as counsel to Chris Judd, another back-up dancer turned celebrity husband, in his divorce from Jennifer Lopez.

Federline Lawyer Candid About Spears Custody Case: 'There's Never Been Anything Like This' [Associated Press via Law.com]

Lawsuit of the Day: What's In a Name?

Wolfgangs Steakhouse Wolfgang Puck ATL AboveTheLaw blog.jpgWell, if the name is "Wolfgang" and you're in the restaurant business, maybe a lawsuit. Celebrity chef Wolfgang Puck, owner of the famous Spago restaurant in Beverly Hills, is taking legal action against a new neighbor.

From TMZ.com:

Wolfgang Puck is filing a lawsuit, claiming another Wolfgang has screwed him over....

Puck claims a guy named Wolfgang Zwiener opened a rival restaurant, Wolfgang's Steakhouse, just blocks from Spago in Bev Hills. According to the suit, one of the owner's of Wolfgang Steakhouse had a license to use the Spago trademark, but that expired last year.

In L.A., Wolfgang Zwiener may be just "some guy." But in New York, he's an esteemed veteran of the legendary Peter Luger steakhouse (popular for summer associate outings), who has now embarked upon his own restaurant career.

Wolfgang Puck's lawsuit, which seeks injunctive relief, claims trademark infringement and unfair competition. The TMZ.com editors seem unsympathetic:

A frustrated Puck says, "The most common reaction is, 'It says Wolfgang's Steakhouse and you are Wolfgang." We're thinking Mozart might have one up on him. Dude, you make pizzas.

Will the courts be more supportive? If Puck's first name were more common -- say, "John" or "Bill," with the competitor calling itself "John's Steakhouse" or "Bill's Place" -- then his claim might not satisfy the distinctiveness requirement of trademark law. But with a name as unusual as "Wolfgang" -- not as unusual as Omarosa, to be sure, but certainly uncommon -- maybe he has a better shot. "Wolfgang" is not in the top 1000 baby names in the United States (although it does crack the top 3000 in Belgium).

We're not experts in this area, so we'll stop rambling. Any IP lawyers care to weigh in?

Wolfgang to Wolfgang -- Puck You [TMZ.com]

Morning Docket: 05.13.08

Supreme Court 2 SCOTUS Above the Law Blog.jpg* Yesterday at the Supreme Court: South Africa damages case will go forward (because SCOTUS has no quorum -- four justices recused); 8-1 ruling holds that federal magistrate judge may preside over jury selection in a felony trial, with defense counsel's express consent; cert granted to appeal by Virginia death row inmate. [SCOTUSblog]

* Clear Channel buyout being renegotiated; litigation will settle. [DealBook / NYT; WSJ Law Blog]

* Emperors Club booker expected to plead guilty to money laundering conspiracy and conspiracy to commit interstate travel in aid of racketeering. [New York Times]

* The shady business of litigation finance. [Daily Business Review]

* Jury selection begins in R. Kelly kiddie porn case. [CNN]

* Earthquake in southwest China leaves 12,000 dead, with thousands more still buried under rubble. [New York Times]

Sports and the Law: Fate of Athletes' and Entertainers' Publicity Rights May Lie With LiLo

Sports and the Law 3 Above the Law blog.jpgProfessional athletes are keeping a close eye on Lindsay Lohan this week, and probably not for the reason you might think.

Last Friday, the American Beverage Institute (“ABI”), a trade group that supports interests of the alcohol industry, took out an advertisement in USA Today, opposing the mandatory use of ignition interlocks (i.e., breathalyzers) in cars of first-time DWI offenders. The advertisement states “Ignition interlocks, A good idea for,” followed by a mug shot of Lindsay Lohan, “But a bad idea for us.”

ABI Managing Director Sarah Longwell recently told MTV.com that she believes Lohan’s mug shot is fair game because it is already in the public domain. Although it is not clear that Longwell's view is correct, the ABI has already indicated plans "to extend its mugshots campaign to other celebrities." This also could open the door for other organizations to begin using athlete and entertainer mug shots in all kinds of weird ways.

Lohan recently consulted her lawyer, expressing an interest in suing ABI to stop these ads. Although she probably does not have a claim under the Lanham Act, she may have a better argument that the ABI violated her state-law publicity rights. If Lohan ultimately files suit, athletes and entertainers will have their fingers crossed for her victory.

How does the legal landscape look for LiLo? Read more, after the jump.

Continue reading "Sports and the Law: Fate of Athletes' and Entertainers' Publicity Rights May Lie With LiLo"

Not Just Creepy, But Criminal: Uma Thurman's Stalker Convicted

Uma Thurman stalk stalker Kill Bill Pulp Fiction.jpgAt around noon, the jury reached a guilty verdict in the week-long trial of Jack Jordan, alleged stalker of Uma Thurman. The jury deliberated for one full day. Presumably the jurors were moved by the beautiful actress's dramatic reading from Jordan's disturbing correspondence.

Jordan was convicted of stalking and aggravated harassment. Sentencing is set for June 2nd.

Jordan, by the way, is rather well-educated. He's a 1994 grad of the University of Chicago (undergrad, not law), who has also done some graduate work. But he's had mental health issues over the years; in late 2005, he was involuntarily committed. He rejected a plea deal that would have placed him in a mental facility for 18 months.

Thurman testified that she was terrified by Jordan's overtures. But if he had tried to do her harm, we suspect he would have encountered a world of hurt. If you've seen Kill Bill, you know that Uma Thurman is a badass.

Guilty verdict in Uma Thurman stalking trial [WABC via Gawker]
Jury Finds Accused Thurman Stalker Guilty [WCBS via Drudge]

Jerry Springer to be Commencement Speaker at Northwestern Law School

springer.jpgWhen it comes to law school graduation speakers, it's hard to please everyone. Earlier this year, controversy erupted at Boston College Law School when U.S. Attorney General Michael Mukasey was announced as the commencement speaker. Some students, faculty and alumni voiced opposition to AG Mukasey, based on his involvement in the waterboarding / torture controversy (extensive coverage collected here; resolution of the situation described here).

Now we report on commencement controversy news of a rather different (and somewhat less highbrow) sort. It arises out of the decision by Northwestern University School of Law to invite Jerry Springer to serve as this year's commencement speaker. Springer got his law degree there in '68, worked as a campaign aide to Robert F. Kennedy, and served as mayor of Cincinnati. But he's perhaps best known as the ringmaster of scandal and vulgarity on the Jerry Springer Show (and an unsuccessful contestant on Dancing With the Stars).

Some Northwestern students are not happy about Springer's selection. From a tipster:

There is a current uproar in the graduating class at Northwestern Law. The graduation committee thought Jerry Springer would be an appropriate speaker for this year's convocation. Most of the student body is opposed to this, but this administration is sticking by the committee's decision.

Maybe he'll bring Northwestern students with secrets and unresolved conflicts up on stage, then have them confess and brawl. That might be more fun than the usual staid graduation ceremony.

We contacted the school for comment, which issued the following statement, from Dean David E. Van Zandt:

In keeping with the spirit of our community, our commencement speaker annually is selected by a student committee, approved by the administration, and invited by both.

Mr. Springer is an alumnus who has held public office as a city council member and mayor of Cincinnati. He has had a very successful career in the news and entertainment industries.

We look forward to Mr. Springer's participation at commencement.

At least one LLM candidate is trying to prevent Springer's speaking. See the protest letter circulating at Northwestern, and vote in our reader poll, after the jump.

Update: Also after the jump, a defense of Jerry Springer's selection as commencement speaker, which went out over the NU law school listerv.

Continue reading "Jerry Springer to be Commencement Speaker at Northwestern Law School"

The Church of Scientology: A Latham & Watkins Client?

Tom Cruise Oprah Winfrey couch jumping Above the Law blog.jpgThe law firm of Latham & Watkins has lots of things going for it: eye-popping profits, ample prestige, and a promise of no layoffs. What more could you ask for?

How about.... a powerful and glamorous client, with deep connections in Hollywood? Reported over at Radar Online:

Recently, Radar reported on Scientology's short-lived attempt to beat its Guy Fawkes mask-clad antagonists "Anonymous" at their own game: scary YouTube videos. A clip posted by a Sciento associate under the name "AnonymousFacts" displayed the names and personal information of several supposed Anonymous members and accused the group of violent threats and terrorism. YouTube quickly took the video down and suspended AnonymousFacts. But the hassle for at least one of the three men shown didn't end there.

A little more than a week ago, Jonathan (he asked his last name not be repeated again), who'd joined a Facebook group called "I Support Anonymous" and attended their protests, answered a knock at the door of his parents' L.A.-area home, where he lives while attending community college. A mustachioed man in a suit and claiming to be from the law firm of Latham and Watkins was holding a "file" and asked to speak to Jonathan's parents by name, he recently told Radar. He told the mystery man his parents weren't available and offered to take the package for them. "No," the man said. "I can't legally give this to you." Jonathan shrugged and told him to come back later. That's when things got weird.

Later a friend of the family came over and said Mr. Mustachio was hanging out in front of the house and had asked her if she was Jonathan's mom. When she said no, he waited until Jonathan's parents did arrive, then handed them the file and said, "This is a courtesy letter. No charges are being filed yet. But your son may be involved in terrorist activity." And then he left. Inside the package was a letter accusing Jonathan of terrorism and a DVD copy of the YouTube video, he says.

Sounds like a pretty fun assignment for a junior associate -- anything to get out of the office. But the "Church" denies this ever happened:

A Church of Scientology spokesperson says the group does employ various lawyers across the country to deal with what she tells Radar are "acts of violence, terrorism, and death threats," but adds, "It is not true that lawyers from any firm representing the Church have visited anyone. If anyone is suggesting otherwise, that is false."

We've contacted Latham for comment. We'll let you know if and when we hear back from them.

Update: We have our doubts about the firm's involvement. Writes a commenter:

It is highly unlikely that the person hounding this kid is actually from Latham. Scientologists have a policy (called the "Fair Game" policy) that allows them to lie, cheat, impersonate, physically threaten/assault, etc. if it will further the aims of the "church". Although that policy was ostensibly cancelled at some point (in name only), scientologists continue to live by it in practice. It's pretty much guaranteed that the man with the file was not from Latham but was instead a scientology poser.

Seriously--would an associate from Latham actually serve papers on anyone? F**k, no. We use process servers!!

We feel bad for Latham. Some imposter is going around making it look like they represent the Church of Scientology. And their lawyers have mustaches.

Further Update: Or maybe Latham DOES represent the Church of Scientology? See here. (Gavel bang: commenter.)

We have reiterated our inquiry to Latham concerning whether or not the firm represents the Church of Scientology. We'll let you know what we find out. (They did not respond to an earlier request for comment on this subject.)

Final Update: Read more in this update.

'Anonymous' Kid Outed by Scientologists Gets House Call [Fresh Intelligence: Radar Online]

Musical Chairs: Linda Greenhouse in Da House at Yale Law

Linda Greenhouse 6 New York Times Abovethelaw Above the Law blog.jpgWe have a strange obsession with Linda Greenhouse, the Supreme Court correspondent for the New York Times. When we spotted her recently at Jennifer 8. Lee's D.C. book talk for The Fortune Cookie Chronicles, we practically leapt out of our seats in excitement. [FN1]

If you're a fellow LG groupie, and if you're at Yale Law School, here's some good news. As one tipster excitedly chirped to us, "Linda Greenhouse is going to be a Yale Law sort-of-professor!" From the Yale Daily News:

After 30 years covering the Supreme Court for The New York Times, Pulitzer Prize-winner Linda Greenhouse will take a new post as a journalist-in-residence and senior fellow at Yale Law School starting next January, the Law School announced Wednesday.

Greenhouse, who accepted a buyout from The Times last month, will return to the law school from which she earned a Master of Studies in Law degree in 1978 to conduct her own research and give lectures and seminars, although it is not yet clear whether she will teach a formal course. She will also be involved with the Law School's Supreme Court Clinic and will help pioneer its new Law and Media Program.

More details in the YLS press release. Surely this can only help Yale maintain its sizable lead over #2 Harvard and Stanford in the U.S. News rankings. (Yale has an overall score of 100, with Harvard and Stanford almost ten points behind, at 91.)

As you may recall, Linda Greenhouse received a cool $300K in her Times buyout. It's a pittance compared to Biglaw bucks, but a princely sum in the world of journalism.

And now Greenhouse will be supplementing this with a draw on the well-endowed coffers of YLS -- we're guessing low six-figures (for what doesn't sound like very much work). She'll probably begin work on another book, too, for which she can expect a good-sized advance. Her last book, Becoming Justice Blackmun, was a national bestseller.

Linda Greenhouse to Linda Greenbacks!

[FN1] The use of "we" is especially appropriate here because Kash and I attended this reading together.

Yale Law School nabs Linda Greenhouse after Times departure [Yale Daily News]
Linda Greenhouse Returning To Yale Law School in 2009 as Journalist-in-Residence [Yale Law School]

Morning Docket: 03.18.08

Great Depression 2 Dorothea Lange Migrant Mother Above the Law blog.JPG* "Are we headed for another Great Depression?" [McClatchy]

* Quelle surprise: Bear Stearns shareholder lawsuit (filed in S.D.N.Y. by Coughlin Stoia). [Bloomberg; WSJ Law Blog (PDF of complaint)]

* Speaking of Bear Stearns, here are some law firms losing out on BSC business. [WSJ Law Blog]

* Tenth Circuit reverses convictions of former Qwest CEO Joe Nacchio. [AP]

* Harvard Law School will pay the 3L tuition of future students who agree to work for nonprofit organizations or government for five years following graduation. [New York Times via Tax Prof Blog; Harvard Law School (news release)]

* Settlement in Paul McCartney-Heather Mills divorce (more on this later). [Legal Week]

* SCOTUS to hear Second Amendment / D.C. gun control case today (more on this later too). [New York Times; Reuters]

Some Sad News: Tom Hanks Hates Lawyers
(Except for the gay and AIDS-afflicted kind. That's Oscar gold!)

From today's AM New York:

Tom Hanks Hates Lawyers Above the Law blog.jpg

Well, Tom, we don't like you that much either. It's pretty ridiculous that you're a two-time Oscar winner. You have to be one of the most overrated actors working today.

The Real Reason Cass Sunstein's Going to Harvard? He's Got the Power

Samantha Power 2 Cass Sunstein Kennedy School of Government Above the Law blog.JPGWe greatly enjoyed our recent visit to the University of Chicago Law School. The U. Chicago students were very welcoming and made us feel right at home, even inviting us to their law school musical -- which, by the way, was delightful.

(We added many of them as friends on Facebook before we were mysteriously banned from the site, without notice or explanation. So if you no longer see us on FB, it's not because we "de-friended" you, but because our account was disabled.)

A few Chicago students, however, had a bone to pick with us. They objected to this ATL post, which cast the recently announced departure of Professor Cass Sunstein -- prominent scholar, beloved teacher, and possible Supreme Court nominee under President Obama -- as a hiring coup by Harvard Law School, a triumph by HLS over Chicago. They emphasized that Professor Sunstein's leaving the Windy City for Cambridge was prompted by personal rather than professional reasons.

Professor Sunstein said as much his farewell email (emphasis added; in fact, all emphases added throughout this post, unless otherwise indicated):

I'm writing to say that I've just accepted an appointment at Harvard Law School. It is an understatement to say that I don't take this step easily or lightly. As most of you know, I've been reflecting on this question for several years. I finally decided, for personal reasons, that I need a change.

Since he's a prominent Obama supporter -- as well an adviser to the campaign, but more on that later, since it ties into our tale -- it's not surprising that Professor Sunstein is All About Change.

The law school's popular leader, Dean Saul Levmore, also stressed the personal component to Professor Sunstein's move. As he told the University of Chicago's student newspaper, the Maroon:

"I'm sort of embarrassed that [the story] said that the University of Chicago couldn't be reached for comment," Levmore said. "It looks like we didn't want to talk, but the truth is that this decision [to leave Chicago for Harvard] was based on personal reasons and I respect that privacy. The media will find out about them soon enough."

With a comment like this, Dean Levmore was basically begging us to go digging. So dig we did.

Martha Nussbaum Cass Sunstein Above the Law blog.jpgLet's see, Cass Sunstein's "personal reasons" for leaving U. Chicago... hold on a sec. Isn't Professor Sunstein part of legal academia's most fabulous power couple, together with that renowned philosopher queen, Professor Martha Nussbaum? And didn't Professor Nussbaum just turn down a Harvard offer?

That was then; this is now. What we learned in our investigation is consistent with this ATL comment, as well as this (subsequently removed) Wikipedia edit.

It appears that Professor Sunstein may be part of a new "power couple" -- in the most literal sense. Rumor has it that he's romantically involved with Professor Samantha Power -- a beautiful, brainy professor at Harvard's Kennedy School of Government, who is roughly 15 years his junior. She is a Pulitzer Prize winner who has also been profiled in Men's Vogue (see glamorous photo, at the top of this post). What's not to like?

Update: More about Samantha Power here (from a college classmate who tried to hit on her, without success, and just ended arguing politics with her).

Now, please don't give us full credit (or blame) for bringing to light the Sunstein-Power relationship. When we attended the Chicago Law School musical last weekend, Samantha Power got a shout-out near the end of the show, when the Cass Sunstein character announced his departure for Harvard. So the rumor of her romance with Professor Sunstein is already widely known throughout the U. Chicago community (and beyond); it's no state secret. It is already known to hundreds, if not thousands, of people.

We reached out to all three members of this Mensalicious love triangle, which seems to come straight out of a Saul Bellow novel. Find out what we learned -- two of them had no comment, but one of them did -- after the jump.

Continue reading "The Real Reason Cass Sunstein's Going to Harvard? He's Got the Power"

Musical Chairs: Harvard Snags Sunstein from Chicago!

Cass Sunstein Professor Cass R Sunstein Above the Law blog.jpgIf we knew anything about sports, we'd say this is the legal academic equivalent of Major Player X leaving Super-Elite Team Y for Super-Elite Team Z. But we don't. So we'll just say it's one of the biggest law school hiring coups since Harvard Law School snatched half of Feldsuk from NYU.

HLS strikes again -- but this time around, the victim of their poaching is U. Chicago (where we'll be making an appearance later this week, by the way). From the Harvard Law School website:

Renowned legal scholar and political theorist Cass R. Sunstein '78 has accepted an offer to join the Harvard Law School faculty, Dean Elena Kagan '86 announced today. Sunstein, currently a tenured professor at the University of Chicago Law School, will begin teaching at HLS in the fall. He will also become director of the new Program on Risk Regulation.

"Cass Sunstein is the preeminent legal scholar of our time -- the most wide-ranging, the most prolific, the most cited, and the most influential," said Kagan. "His work in any one of the fields he pursues -- administrative law and policy, constitutional law and theory, behavioral economics and law, environmental law, to name a non-exhaustive few -- would put him in the very front ranks of legal scholars; the combination is singular and breathtaking...."

Some tipsters' takes:

"I imagine a lot of Chicago alums will be annoyed at the least."

"Yet another high-profile move to HLS. Dean Kagan has done an amazing job these past few years getting big names out to Cambridge. (I’m just annoyed because I decided to take Admin Law this semester.)"

"[W]e just learned that although Martha Nussbaum turned down Harvard and Brown last week, Cass Sunstein ACCEPTED his Harvard Law offer! I'm torn - HUGE get in Sunstein, proving Elena Kagan is unstoppable, but is this trouble for the power couple?"

In December, we attended Professor Sunstein's 2007 Distinguished Lecture at AEI in Washington, DC (where we're currently based). We were mighty impressed by the good professor, who wasn't just brilliant and articulate, but also funny and self-effacing. Congrats to HLS and Dean Kagan on this latest addition to the Cambridge constellation of legal geniuses!

Update: Additional analysis of the Sunstein move from Professor Brian Leiter appears here. It seems that all is well in Sunstein-Nussbaum land. Per Professor Leiter:

[A]s Cass told me, he will be keeping his Chicago apartment and an office at the University of Chicago Law School, and he will also continue teaching part-time at Chicago as the Harry Kalven Visiting Professor of Law (probably in the winter quarters).

Further Update / Correction: Uh, scratch that. As you may have surmised from some of the comments, Professors Nussbaum and Sunstein are no longer an item. Professor Sunstein has a new honey, Professor Samantha Power, of Harvard's Kennedy School of Government. He's moving to Harvard in part because of this new romance. More details here.

Sunstein, Harvard, Chicago [Leiter's Law School Reports]
Nussbaum Declines Harvard, Brown Offers, and Will Remain at Chicago [Leiter's Law School Reports]
Sunstein to join Harvard Law School faculty [Harvard Law School]
Cass Sunstein bio [University of Chicago Law School]
2007 Distinguished Lecture: Extremism [American Enterprise Institute]

Non-Sequiturs: 02.07.08

* The NYT's official statement on L'Affaire Berenson. [Starkman & Associates]

* A slew of law school hypotheticals about sex with and between minors, triggered by Carl Stanley McGee, our Lawyer of the Day. [PrawfsBlawg]

* Second runner-up for Lawyer of the Day? And a punitive damages award of $33 million. Ouch. [How Appealing]

* Man saves dog; law student saves man. Congratulations to GW's Jason Coates, our Law Student of the Day! [GW Hatchet]

* "Derek Jeter has romanced Mariah Carey, squired Jessica Biel, sweet-talked Scarlett Johansson -- and now he's made it to first base with the state taxman." [TaxProf Blog]

* Wow, this is wild. Has Gary Crossen, a former federal prosecutor and partner at Foley Hoag, read too many John Grisham novels? [WSJ Law Blog]

* Speaking of white-collar criminal defense lawyers, more business may be headed their way, courtesy of Andrew Cuomo. [DealBreaker]

* You've got... male? [Reuters]

* Are you a Disgruntled Republican? Join the club -- or buy a mug. [Zazzle]

Supreme Court Clerk Hiring Watch: Saved By the Bell Star To Clerk for Justice O'Connor!
(And another OT 2009 hire, by Justice Breyer)

Isaac Lidsky Isaac J Lidsky Saved By the Bell Above the Law Blog.jpgTaken as a group, Supreme Court clerks can claim pretty much every honor under the sun. At One First Street, Rhodes and Marshall scholars are commonplace, law review editors-in-chief are a dime a dozen, and law school valedictorians abound.

But how many SCOTUS clerks have their own IMDb entry? Meet Isaac Lidsky (Harvard 2004 / Ambro), an attorney at the Department of Justice (Civil Appellate), who was selected last week by Justice Sandra Day O'Connor as her law clerk for October Term 2008. He founded the non-profit Hope for Vision, and his bio there reads:

[Isaac] is an honors graduate of Harvard College and Harvard Law School, and he served as a law clerk to the Honorable Judge Thomas Ambro of the U.S. Court of Appeals for the Third Circuit. Before law school, Isaac founded Poindexter Systems, a now thriving internet advertising technology company in Manhattan. Isaac has been involved in raising awareness and funding for vision research for many years. He has organized several fundraising events, has appeared in the national media to promote awareness of the cause, has testified about the need for scientific funding before Congressional bodies on numerous occasions, and has served as a mentor to younger individuals afflicted with eye diseases. He has retinitis pigmentosa.

From a tipster:

I wonder if he is the first blind law clerk on the Supreme Court. I also wonder whether he's the first clerk to have thrown out the first pitch at an MLB game.

[Before law school,] Isaac had a prior life as a child actor. His most notable role, I believe, was as Barton "Weasel" Wyzell (the new Screech) on Saved by the Bell: The New Class.

Awesome. Fay Diplomas and Sears Prizes pale in comparison next to the experience of having acted opposite Dennis Haskins (aka "Mr. Belding").

Also hired as a Supreme Court clerk, but for October Term 2009: Bessie Dewar (Yale 2006 / W. Fletcher / L. Pollak (E.D. Pa.)). She's been described to us as "brilliant," "wonderfully charismatic," and "one of nicest, most smiling people to grace the halls of the Yale Law School."

The current tally of OT 2008 and OT 2009 SCOTUS clerks, with Isaac Lidsky and Bessie Dewar added, appears after the jump.

Continue reading "Supreme Court Clerk Hiring Watch: Saved By the Bell Star To Clerk for Justice O'Connor!(And another OT 2009 hire, by Justice Breyer)"