Douglas Berman

* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]

* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]

* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]

* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]

* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]

* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]

* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]

* Calling all cougars — and the young studs who love them. If you’re a single female who earns more than $500,000 a year (e.g., a Biglaw partner), you should check out this event. [DealBreaker]
* Canadian lawyers are horndogs, too. [Legal Blog Watch]
* “Though I did not think Judge Kopf owed me anything, I was not about to refuse a beer from a federal judge.” [Sentencing Law & Policy]
* Hillary Clinton as Tracy Flick? [Slate TV via Althouse]
* Survivor winner Yul Kwon, with whom we went to law school, contemplates a congressional run. Go Yul! [Washington Examiner]

Orin Kerr Orin S Kerr professor Above the Law.jpgDouglas Berman Douglas A Berman Doug Berman professor Above the Law.jpgIt is SO ON.
More on Judge Pregerson’s Opinion in Carrington v. United States [Volokh Conspiracy]
More Kerr on Carrington and mandate recall discretion [Sentencing Law and Policy]
Distinguishing finality interests between convictions and sentences [Sentencing Law and Policy]
Earlier: Sentencing Law Smackdown: Berman v. Kerr?
Judge Harry Pregerson Is Cruisin’ for a Bruisin’


Orin Kerr Orin S Kerr professor Above the Law.jpgDouglas Berman Douglas A Berman Doug Berman professor Above the Law.jpgOn Wednesday, Professor Orin Kerr sarcastically mocked — and also analytically attacked — the Ninth Circuit’s recent decision in Carrington v. United States (PDF). In an opinion by liberal stalwart Harry Pregerson, the court authorized resentencing in two cases from the Mesozoic Era the 1990′s. We wrote about the decision here.
We expressed interest in hearing what sentencing guru Doug Berman would have to say about the case. And now Professor Berman has kindly obliged, in a quasi-snarky post that asks, What’s wrong with equitable Booker retroactivity in the Ninth Circuit?
Consider the gauntlet thrown down. Professors Berman and Kerr are two of the biggest crim-law bloggers around. And they kinda look alike, too. (See photos — Professor Berman at right, Professor Kerr at far right.)
Will Professor Kerr take up Professor Berman’s challenge? Might we have a blogospheric battle of the titans on our hands?
(To be sure, you have to be a bit of a sentencing law geek to appreciate this. If you are, then you might also enjoy this post by Professor Berman, Proof the guidelines are reasonable — a riff on our recent post about Justice Breyer writing the U.S. Sentencing Guidelines on Professor Charles Fried’s dining room table.)
Carrington v. United States [Volokh Conspiracy]
What’s wrong with equitable Booker retroactivity in the Ninth Circuit? [Sentencing Law and Policy]
Carrington v. United States (PDF) [Ninth Circuit via How Appealing]
Earlier: Judge Harry Pregerson Is Cruisin’ for a Bruisin’

Harry Pregerson Judge Harry Pregerson Above the Law.jpgOr at least a big benchslap upside the head, courtesy of the Supreme Court. Per Orin Kerr:

A lot of people have talked about the Supreme Court’s small docket; Judge Harry Pregerson of the Ninth Circuit is actually doing something about it. He handed down an opinion today in Carrington v. United States that has “Destination: One First Street” written all over it.

Read the rest of Professor Kerr’s devastating critique here. Howard Bashman also doesn’t think highly of the opinion.
Professor Kerr concludes by quoting George Will: “[t]here should be two Supreme Courts, one to reverse the 9th U.S. Circuit Court of Appeals, the other to hear all other cases.” Will’s article was about a “Reinhardt special.” But as Carrington shows, Judge Stephen Reinhardt isn’t racking up reversals all by himself; he gets by with a little help from his friends.
One final note: Carrington gave Judge Consuelo Callahan, the luscious Latina sometimes mentioned as a possible Supreme Court nominee, the opportunity to write an impassioned, high-profile dissent. Judge Callahan should be grateful to Judge Pregerson for giving her the chance to develop conservative street cred. If she gets nominated to the SCOTUS someday, she should thank Judge Pregerson at her investiture.*
(We’d be curious to hear what Professor Doug Berman, sentencing guidelines guru, thinks of Carrington.)
Update: Professor Berman weighs in. Interesting! Are the conservatives now guilty of putting their policy preferences ahead of the letter of the law?
* Best correction ever, from Slate: “Our article originally identified Consuelo Callahan as Consuela Callahan.”
Because, you know, all Latinas in the state of California are named “Consuela.” They’re all maids. And they’re all played by Lupe Ontiveros in the movies.
Carrington v. United States [Volokh Conspiracy]
Carrington v. United States (PDF) [Ninth Circuit via How Appealing]