D.C. Circuit

Yesterday, the Senate Judiciary Committee approved the nomination of Akin Gump’s Patricia Millett to the D.C. Circuit. Her nomination now moves on to the full Senate.

The committee voted 10-8 to approve Millett’s nomination. Take a guess what all the voters had in common? Yes, the 10 Democrats voted “Aye” and the 8 Republicans voted “Nay.” Yet even while voting her down, the Republicans went out of their way to note that Millett was qualified for the post, but opposed her on the bogus argument Senator Grassley has been pushing that the D.C. Circuit is “underworked.”

During the hearings, Senator Grassley cited two anonymous letters, presumably from D.C. Circuit judges, to support his stance. Sounding very “Secret Plan to End the Vietnam War,” the anonymous poll felt very unscientific and shady.

Now we’ve got a hold of the secret survey Grassley sent judges. It’s as entertaining as his Tweets

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Law school’s epitaph?

* Hiring a Supreme Court clerk might not be worth a $500,000 gamble for some Biglaw firms. Some will take that sweet sign-on bonus and remove their golden handcuffs before a year is out. [Capital Comment / Washingtonian]

* Akin Gump partner and D.C. Circuit nominee Patricia Millett won approval from the Senate Judiciary Committee by a margin of 10-8 along party lines, and now her nomination will head to the full Senate for a vote. [Huffington Post]

* President Obama nominated Michelle Friedland and John Owens, two young Munger Tolles & Olson partners, for seats on the Ninth Circuit. If confirmed, that’ll make three partners from the same firm on the bench. [The Recorder]

* Sorry, law firms, but it’s no longer cool to inflate hourly billing rates for contract attorneys when you pay them substantially less. You can thank Ted Frank for this judicial revelation. [WSJ Law Blog]

* The ABA Task Force on the Future of Legal Education thinks that just about everything having to do with law schools is “deeply flawed” and needs “serious re-engineering.” How comforting. [ABA Journal]

* Law School Transparency is willing to assist schools with the reporting of their ABA post-graduation job placement statistics, for a price. How much is integrity worth these days? [National Law Journal]

* For $25K, Casey Anthony’s bankruptcy trustee won’t make her sell the worldwide rights to her story — like her theory of the crime she was acquitted of, it “exists solely within [her] mind.” [Sun-Sentinel]

Professor Nina Pillard

* It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]

* Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]

* Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]

* With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]

* Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]

* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy]

* Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker]

* Sequestration has put the pinch on the rights of indigent federal defendants to receive legal representation. But at least our airlines are shielded from hardship. [PrawfsBlawg]

* “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today]

* Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer]

* Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN]

* Bloomberg takes a look at the legal controversy brewing around unpaid internships. Video after the jump… [Bloomberg Law via YouTube]

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* Apple has lost the e-books trial. Didn’t see that coming after Apple’s lawyers ripped the government’s witnesses. [New York Times]

* Vault released its Regional and Practice Area rankings. Yeah, we get it Wachtell, you’re awesome. [Vault]

* Who ever said losing at the Supreme Court was the end? Myriad is suing to enforce its patents in the BRCA1 and BRCA2 genes. [Patently O]

* Woman caught on camera planning her husband’s murder because it’s “easier than divorcing him.” Fair enough! [Lowering the Bar]

* Senators pledging to block court nominee “irrespective of [her] very fine professional qualifications.” Oh. [The Blog of the Legal Times]

* Some jurisdictional nerdiness regarding EPIC’s original filing seeking mandamus, prohibition, or certiorari from SCOTUS to review a FISA judge. [Lawfare]

Sarah Jones

* Akin Gump partner Patricia Millett is willing to take a whopping pay cut to serve on the D.C. Circuit — from $1MM to $184K — and for that alone she should be confirmed ASAP. [National Law Journal]

* With the number of law firm mergers in the last six months alone, we’re on a “potentially record-setting pace” for 2013. Hey, look at it this way: it’s cheaper than hiring and firing laterals. [Am Law Daily]

* Three years later, the epic litigation between Debevoise & Plimpton and a former client continues to rage on. Now, allegations are being tossed around about a partner’s behavior. [New York Law Journal]

* According to the Bureau of Labor Statistics, in June, the legal industry lost more jobs than it has in a single month since June 2011. Congrats, Class of 2013! welcome to the real world. [Am Law Daily]

* In its defense, Standard & Poor’s claims its ratings were puffery, and that no reasonable investor would rely on them. Aww, poor widdle “sophisticated consumers of [investment information].” [Bloomberg]

* For those of you practicing personal injury law in New York, this case is a bombshell. If you want to put the whole insurance industry on trial, follow the action here. [New York Personal Injury Law Blog]

* Sarah Jones, the ex-cheerleader who sued TheDirty.com for defamation, was back in federal court yesterday for the beginning of her case’s retrial. What a way to start an engagement. [ABC News]

A gal from the Garden State.

* Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]

* In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]

* Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]

* Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]

* After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]

* The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]

* A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]

* Because the Senate doesn’t work properly when it comes to doing things efficiently, Obama will nominate three candidates for the D.C. Circuit. The outrage! The horror! The court-packing! [Legal Times]

* Howrey going to sue everyone in time to meet this bankruptcy deadline? When you’ve only got a few days left before the statute of limitations expires, you file up to 33 suits per day. [Am Law Daily]

* Attack of the lawyer glut! If you’re a recent law school grad who’s still unemployed, chances are high that this chart detailing the ratio of lawyers to job openings will make you shed a tear. [The Atlantic]

* Tey Tsun Hang, the law professor convicted on corruption charges after having an affair with a student, is heading to jail for five months. Giving out all of that extra credit wasn’t worth it after all. [Bloomberg]

* Nidal Hasan, the accused Fort Hood shooter, will be representing himself in his murder trial. He’ll use a “defense of others” argument, which seems obtuse given the nature of the crime. [Huffington Post]

* Bradley Manning’s court-martial began with a bang, with the prosecution arguing that the young intelligence analyst put lives at risk, while his own attorney called him a “humanist.” [New York Times]

* Jill Kelley, the woman who helped bring about the downfall of General David Petraeus by exposing his affair, has filed a lawsuit against government officials alleging privacy violations of all things. [USA Today]

Dred Scott

[UPDATE: You know how you can get people to read your post -- put the wrong date on it. Now updated to June]

* Slave law is still considered “good law” by the courts? Originalism is alive and well! [Post & Found]

* For the first time ever, the Washington Post’s scavenger hunt/riddle/prove how pretentious we are competition was won by a single individual. Congratulations to Sullivan and Cromwell’s Sean Memon, an ’08 Duke grad, who prevailed after figuring out that nothing was happening. That makes sense when you read the article. [Constitutional Daily]

* Here’s an argument against affirmative action based on the premise that black people at the barest of margins may be hindered by having too good of a résumé. This is, well, wrong, but much more intellectual than the arguments against affirmative action advanced by the Chief Justice. [Ramblings on Appeal]

* A San Diego lawyer is seeking a young attorney in L.A. to work for slightly more than peanuts. But the requirements are entertaining, like confidence that “you are going to be the next F. Lee Baily or Johnny Cochran.” The poster is also an “elderly gay man (late 50′s).” Is that really elderly anymore? [Craigslist]

* More on the problems facing the D.C. Circuit. Probably a good reason to shrink the complement of the Circuit. [SSRN]

* Another look at the business benefits of blogging. Get out there, people! [Likelihood of Confusion]

* Hey there, lawyers! The Wall Street Journal would like you to know that you and your ilk are responsible for the student loan bailout. Video after ye olde jump…

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The appellate court facing the most complex workload in the country is also tiny and overworked. Only the First Circuit has fewer active slots, and with three vacancies, the D.C. Circuit has fewer judges than its sibling courts with 11 active judges.

So it should come as no surprise that some senators are actively trying to shrink the D.C. Circuit.

The crux of their beef is that actually filling the three vacancies on the court would constitute court packing, because no one on the Hill has bothered to pick up an AP U.S. History textbook and figure out what “court packing” means.

But when you strip away the partisan stupidity and actually look at the numbers, there’s a really good argument in favor of “court packing” because this Circuit could use an extra judge or two…

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