Edith Jones

* When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]

* The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]

* The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]

* Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]

* California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]

* Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]

* The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]

* Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]

* Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]

* To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

* Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

* Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]

* Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]

* Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]

* The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]

* More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]

* If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker

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Several organizations filed a Complaint of Judicial Misconduct against Fifth Circuit Judge Edith Jones earlier this week. The complaint charges Judge Jones with a variety of offenses, but the headline-getter is the claim that she made racist remarks during her speech on February 20, 2013, hosted by the University of Pennsylvania’s chapter of the Federalist Society.

With no transcript or recording of the event, the 12-page complaint relies on the affidavits of a few individuals who attended the speech, including Marc Bookman, the Director of the Atlantic Center for Capital Representation. Bookman’s affidavit serves as the primary account, with the other affiants agreeing and adding relatively few details. About a week before the Penn Fed Soc speech, Bookman published an essay in Mother Jones titled “How Crazy Is Too Crazy to Be Executed?”, about Texas murderer Andre Thomas. Whether Bookman intended ahead of time to use his account of the Fed Soc event as the basis of a misconduct complaint or not, he was likely expecting to be offended when he attended a Federalist Society speech called “Federal Death Penalty Review” by a pro-death-penalty, Texas-based judge. Just a guess….

double red triangle arrows Continue reading “A Tale of Sound & Fury (But No Transcript): In Defense of Judge Edith Jones”

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]

Ed. note: This is the first installment of Righteous Indignation, one of Above the Law’s new columns for conservative-minded lawyers.

In this new column, I’ll occasionally be weighing in on legal issues from a conservative, right-of-center political perspective. My aim for my contributions is to balance the liberal heft that regularly gets thrown around on the pages of Above the Law. (That’s got to be a metaphorical scale we’re using to do the balancing, if Elie’s on one end and I’m on the other.)

Where am I coming from that I might alter the usual ATL ideological balance?

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Congrats to Judge Edith Jones, one of my favorite judicial divas, for making the list of best benchslaps.

* Professor Josh Blackman has a Christmas gift for you: “The 8 Best Benchslaps of 2012.” See if you can guess who wins the award for lifetime achievement. [Josh Blackman's Blog]

* Speaking of unorthodox law school classes, how would you like to take a course on “Understanding Obama”? [Althouse]

* And speaking of the Instagram controversy, what might happen if the intellectual property issues wind up in the courts? [Associate's Mind]

* The deadline for our holiday card competition has passed; our write-up of the finalists will appear shortly. While you wait, check out this cute non-electronic law firm holiday card. [Ross Fishman]

* Time is running out! We’d love your votes in the ABA Journal’s Blawg 100 (under “News/Analysis”). [ABA Journal]

If you are not a fan of Westboro Baptist Church, check out Anonymous’s declaration of cyber-war against them….

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* Chief Judge Edith Jones of the Fifth Circuit, the judicial diva herself, will be stepping down from her role at the head of the bench earlier than expected, due to “family issues.” Perhaps she told someone to “shut up” too many times? [Tex Parte Blog]

* Apple asked U.S. District Judge Lucy Koh to deny Samsung’s request that she bar all further communication with trial jurors, because the company claims it wants “equal access to information” (aka jury foreman Velvin Hogan). [Bloomberg]

* “[T]here’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.” That, and you rely on law from 1885. Argh! [BuzzFeed]

* ASU Law wants to move from Tempe to Phoenix, and to make it financially feasible, the school may increase enrollment and raise tuition. Sound like a good idea, prospective law students cash cows? [Arizona Republic]

* Now compare/contrast: Stanford Law had to dip into its coffers to come up with the cash to cover its financial aid promises this year, but the school isn’t cutting out a dime that’s owed to students. [National Law Journal]

* Massachusetts appealed the Michelle Kosilek sex-change ruling. The state claims it provided “adequate medical care,” but it’s questionable whether that was the case if the prisoner tried to castrate herself. [CNN]

* Tully Rinckey, a midsize firm, is planning to open an office in Buffalo, New York, so it sent out recruitment letters to 5,469 attorneys in the region. Unemployed law grads: open the letter, it’s not a bill! [Buffalo News]

Our candidates for the coveted Lawyer of the Month title have been a bit tame for the past few months. This time around, we’ve chosen some lawyers and law students who represent our more prurient interests and our unabashed love for scandal.

Aficionados of hookers? We’ve got ‘em. Vicious tongue lashings? We’ve got those, too.

This installment of the competition is the sex, violence, and stupidity edition. Check out our deadly and disorderly nominees for the month of September….

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Chief Judge Edith Jones: Underneath her robe beats a judicial diva's heart.

Can you enforce civility by being… uncivil? That’s the question being raised, over and over again, by federal judges from Texas these days.

Before we get to the latest ridiculousness, let’s review. Back in August, Judge Sam Sparks (W.D. Tex.) benchslapped some rude lawyers with a snarky order inviting them to a “kindergarten party,” where they would learn such lessons as reasonableness and courtesy.

Ironically enough, some found Judge Sparks’s civility-seeking order to be… rude. Chief Judge Edith Jones (5th Cir.) issued an email reprimand to Judge Sparks, condemning his “caustic, demeaning, and gratuitous” order as “cast[ing] disrespect on the judiciary.” Some observers in turn thought it rude of Chief Judge Jones to call out Judge Sparks in writing, so publicly — she cc’d all of the other Western District of Texas judges on her email — when she could have just made a private phone call.

Chief Judge Jones is a highly regarded conservative jurist and a fixture on Supreme Court short lists, but she might not be the best authority on civility and etiquette these days. Check out the latest craziness — an en banc hearing before the Fifth Circuit that generated judicial fireworks, culminating in Judge Jones essentially telling a colleague to STFU or GTFO….

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While some of the candidates for August’s Lawyer of the Month were bold in their displays of public idiocy, others were bold in their candid assessments of the legal profession.

Looking back on our summer winners for June and July, we thought that legal smarts were taking a substantial lead over legal stupidity. But as it turns out, the margin is much closer than we thought.

In this polling cycle, just ten votes separated our Lawyer of the Month from our second-place finisher….

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