Elena Kagan

A Law School Love Story: Prominent Professor Marries Columbia 3L

By David Lat

Professor Philip Bobbitt

In 2008, we profiled celebrity law professor Philip Bobbitt. Professor Bobbitt has a breathtaking résumé, featuring degrees from Princeton (A.B.), Yale (J.D.), and Oxford (Ph.D.); distinguished government service, for both Democratic and Republican administrations; and numerous acclaimed books, including Constitutional Fate: Theory of the Constitution (1982), The Shield of Achilles: War, Peace and the Course of History (2002), and Terror and Consent: the Wars for the Twenty-first Century (2008) (affiliate links). For a very thorough enumeration of his amazing accomplishments, read his excellent Wikipedia page.

Our profile drew heavily upon a New York Observer piece that dubbed him “the James Bond of Columbia Law School.” What did Professor Bobbitt do to earn that sobriquet?

“His mannerisms just kind of ooze a James Bondian kind of quality,” says Vishal Agraharkar, a former [Legal Methods] student and a teaching assistant for this year’s class. “Someone who acts like that in class and outside class we assumed must have just an incredible personal life. James Bond has a hell of a personal life, so he must as well.”

Well, it appears that Professor Bobbitt, 63, does have one heck of a personal life. Over the past few days, we’ve received some rather interesting information about the good professor’s love life. The reports go something like this: “Professor Bobbitt married one of his students! Over the Christmas holiday! She’s a 3L at Columbia Law! And a Turkish princess! They were married at the Supreme Court! By one of the justices!”

As is generally the case with juicy gossip, most of this is true — but some of it is not. Here’s the real story, based on my interview with Professor Bobbitt himself. And wedding photos, of course….

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True Story: Harvard Law Sells Naming Rights to Its New Bathrooms, and a Berkeley Law Professor Couldn’t Be Happier

By Elie Mystal

The new face of Harvard Law School has a funny side.

This week, Harvard Law School unveiled its brand new Wasserstein Hall — a behemoth of a law building that will serve the needs of Harvard law students for generations, maybe even centuries. I was not invited to any of the gala events; my invitation must have been lost in the mail. But I can’t wait to see the finished product. Rumor has it that there’s a state-of-the-art debtor’s prison carved into the building’s foundation.

Obviously, a project of this magnitude required a major fundraising effort. Harvard has never been shy about naming things after big donors. Remember, the university itself is named after a guy who made one of the wisest donations of books ever. Wasserstein Hall contains the Caspersen Student Center, and enough commemorative plaques to fill a plaque store.

The building also contains the Falik Men’s Room.

No, I didn’t make that up. I’m not that clever. I’ve got pictures. I’ve even talked to the benefactor who made the gift….

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The Early Bird Gets the In-Class Candy

By Elie Mystal

Law students are starting to get a little loopy about receiving their first semester grades. It’s still too early to feel like grades are “late,” but competitive law students are starting to get antsy.

Speaking of competition, we’ve now seen a couple of examples of top law schools trying to reassure students who might receive less than stellar grades. The Dean of Students at the University of Chicago Law School sent around an important safety tip earlier this month. And you’ll remember that Columbia Law went so far as to share the unimpressive grades of Columbia faculty in an attempt to calm students.

Now another top law school is getting into the “dear God these millennials are made of porcelain” game. Note: people at low-ranked law schools, do not try this at home. Your grades actually matter, A LOT.

But even when you are being soothed by the Student Bar Association at your great law school, you should beware of the classmate that is willing to out-compete you for treats….

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Morning Docket: 01.24.12

By Staci Zaretsky

* First the Jones verdict, then the Fourth Circuit affirmed the dismissal of Jose Padilla’s torture lawsuit. It’s enough to make ACLUers develop bipolar disorder. [Washington Post]

* Release the Kagan! The Supreme Court rejected Freedom Watch’s motion for time to argue that Justice Elena Kagan should recuse herself from the Obamacare case. [CNN]

* Biglaw problems: here’s a great round-up of 2012′s law firm lawsuits, starring Akin Gump, Crowell & Moring, Dechert, and Greenberg Traurig, to name a few. [Am Law Daily]

* After dropping a lawsuit challenging their forcible eviction from Zuccotti Park, supporters of Occupy Wall Street will go back to occupying the couches in their parents’ basements. [Bloomberg]

* Not interested in being a lawyer? Check out these suggestions for “unique” career paths (i.e., ones that you could have pursued after college, with half the debt load). [U.S. News]

* Not such a great alternative fee arrangement. A prosecutor turned solo practitioner is going to jail after accepting oxycodone pills as payment from a police informant. [Tampa Bay Times]

Morning Docket: 01.11.12

By Staci Zaretsky

* “It seems no one can use dirty words, except Steven Spielberg.” Well, sh*t, I’ll be damned. Is Elena Kagan going to be the voice of reason in the Supreme Court’s FCC profanity case? [Los Angeles Times]

* Ken Cuccinelli filed an emergency motion to get Virginia’s primary ballots printed. You can’t wait three days for Perry’s hearing? It’s on Friday the 13th. You know how that’s going to go. [Bloomberg]

* The Tenth Circuit upheld a ruling to block an Oklahoma law barring the consideration of Sharia law in court decisions. If this pisses you off, go and watch Homeland. You’ll feel better. [MSNBC]

* Dewey want to join the Magic Circle? Bloody hell, of course! Clifford Chance has snagged two mergers and acquisitions partners from Dewey & LeBoeuf. [DealBook / New York Times]

* What will an LL.M. get you in today’s job market? Not a whole lot. And if you’re counting that extra year of loan debt as something of value, then you’re just a masochist. [National Law Journal]

* Heather Peters, the former lawyer suing Honda in small claims court, may be SOL because of a SOL issue. Stay tuned for the results at her second hearing later this month. [Huffington Post]

Quote of the Day: That Makes One of Us…

By Staci Zaretsky

John Roberts

I have complete confidence in the capability of my colleagues to determine when recusal is warranted. They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.

– Chief Justice John Roberts, defending the Supreme Court’s ethical standards in light of calls for Justices Clarence Thomas and Elena Kagan to recuse from the controversial health care case that will be argued before SCOTUS in March. The Chief Justice’s comments were made in his 2011 Year-End Report on the Federal Judiciary.

Morning Docket: 12.13.11

By Staci Zaretsky

No glove, no love.

* The Supreme Court will hear Obama’s challenge to Arizona’s immigration law. Upside: we can probably expect a decision by June. Downside: Lady Kaga has to sit her ass out. [New York Times]

* Depressing fact of the day: unless you’re earning six times your law school’s annual tuition, you’ll probably never be able to afford a home. Thanks a lot, student loan debt. [National Law Journal]

* Wilson Sonsini has announced its 2011 partnership class. Of ten new partners, only three are women. At least they’re beating Cravath’s partnership diversity scale. [DealBook]

* Los Angeles is suing to block an initiative that would force porn stars to wear condoms. Why? It wastes taxpayer money, and would be disastrous to spank banks nationwide. [Courthouse News]

* Stephanie Van Groll may be the “tall, young, hot nymph” whose sexting lawsuit against Kenneth Kratz survived a motion to dismiss, but he is still the prize. [Appleton Post-Crescent]

A Portrait of Elena Kagan as a Young Justice

By David Lat

Justice Elena Kagan

The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):

“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”

That’s just the overview. Let’s delve into the details a bit more….

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Borking Up a Storm: Romney’s High-Profile Legal Adviser Speaks His Mind

By David Lat

Robert Bork

Some lawyers can be so circumspect in speech and so careful in action that they’re just plain boring. Such caution might help you make it to the Supreme Court someday, but it’s not a recipe for a very fun life.

Thankfully, not all brilliant lawyers are afraid of speaking their minds. Take Robert Bork, the former U.S. Solicitor General and D.C. Circuit judge whose Supreme Court nomination famously went down in flames in 1987 — due in part to his loquaciousness during his confirmation hearings.

Judge Bork, now 84, is currently a fellow at the Hudson Institute think tank. He’s not as involved in public life as he once was, but he’s not completely out of the picture. For example, he’s serving as a legal adviser to Republican presidential contender Mitt Romney (a development that some on the left have criticized).

And Judge Bork continues to make controversial pronouncements, most recently in an interview with Newsweek….

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Morning Docket: 09.26.11

By Staci Zaretsky

* Will the DOJ ask the 11th Circuit to reconsider Obamacare before appealing to SCOTUS to get the president reeelected? Does a bear sh*t in the woods? [Los Angeles Times]

* The verdict is in on Elena Kagan’s first year on the bench, and one thing’s for sure: the ladies love her. That’s definitely what she said. Right, RBG? [Washington Post]

* Casey Anthony now owes Florida over $217K. That’s almost as much as it costs to raise a child to age 18. Talk about a bad return on an investment. [CNN]

* Antonin Scalia, the Rock Star of One First Street, banned paparazzi from his Duquesne Law appearance. Tiger Beat had to settle for pictures of Taylor Lautner. [Blog of Legal Times]

* Meth dealer: not a viable career alternative for attorneys. This 2011 law school graduate will be heading to jail after she gets her bar exam results. [Richmond Times-Dispatch]

* Never accuse an elderly New Yorker of incest. She might sue, because she “was never that hard up that [she] would tap on family.” You go, girl grandma! [New York Post]

Will SCOTUS Go to the SOTU This Year?

By David Lat

Justice Alito is going to the State of the Union this year? Not true, not true!

Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.

Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.

(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)

Thanks to last year’s juicy Obama v. Alito showdown, numerous commentators have wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?

Let’s make some predictions, justice by justice….

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Non-Sequiturs: 01.20.11

By Elie Mystal

* Awesome diary of a rich wife trying to cut back on expenses. [Going Concern]

* Justice Elena Kagan — who currently lives in D.C., and apparently plans to stay there — was called for jury duty by the District. She wasn’t seated, since we don’t let supremely qualified people sit on juries. [ABC News]

* Bros at George Washington have been charged with being bros. Given what I think about bullying, you can imagine how little tolerance I have for anti-hazing laws. [Jezebel]

* Real prison time for a virtual bully. [WSJ Law Blog]

* Elective leg amputation? Somebody’s been watching too much House. [New York Personal Injury Law Blog]

* Is patent law so easy a caveman could do it? Probably not — but a 15-year-old has a shot. [Kansas City Star]

Lawyerly Lairs: Justice Kagan Goes House Hunting

By David Lat

In 2010, music superstar Lady Gaga earned an estimated $64 million. Meanwhile, legal superstar Lady Kaga — aka Justice Elena Kagan, of the United States Supreme Court — earned considerably less.

For the part of 2010, the Divine Miss K served as Solicitor General, earning an annual salary of $165,300. After her confirmation as an associate justice of the Supreme Court, she got a raise, to $213,900 a year — a healthy income, but less than the base salary of a fifth-year associate in a law firm (or the total compensation in 2010, bonus included, of a fourth-year associate). Her income as a justice is also much less than her salary of $437,299 as Harvard Law School dean.

Still, even though Justice Kagan might not be filthy rich, she has done well for herself. At the time of her nomination to SCOTUS, she reported a net worth of around $1.8 million. Given this rosy financial picture, as well as her six-figure income and great job security — it’s rare for a federal judge to be impeached, Judge Porteous notwithstanding — it’s not surprising that Her Honor was recently spotted checking out some pretty pricey D.C. digs.

Where was she looking? And what seems to be her homebuying budget?

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Quote of the Day: No-Frills Justice

By David Lat

I think you just have to do what makes you feel comfortable. In my real life I’m not a frilly, lacy person. Some of the things people wear just struck me as not something I felt comfortable with.

— Justice Elena Kagan, explaining why she doesn’t accessorize her black robe with a jabot (that frilly neck doily that Justice Ginsburg wears), in a recent C-SPAN interview.

The Eyes of the Law: Justices Eat Pizza Too

By David Lat

Here’s a fun little judicial sight-ation from the weekend. On Saturday night, at around 9 p.m., Justice Elena Kagan was spotted in the elevator of the luxury apartment building in downtown D.C. that she calls home.

According to our tipster, Justice Kagan was wearing “mom jeans.” And carrying a pizza.

The 112th justice of the United States Supreme Court, carrying her own pizza? This is a scandal of the highest order.

A few years ago, we were traumatized by the sight of then-Judge Michael Chertoff carrying his own takeout lunch (see here, item #4). But he was a mere circuit judge, and Elena Kagan is a Supreme Court justice.

Shouldn’t Justice Kagan have one of her clerks deliver pizza to her on Saturday night? It diminishes the dignity of the entire federal judiciary to know that an associate justice of the Supreme Court has to fetch her own pizza.

So, let’s get to the important part: What brand of pizza does Her Honor favor?

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Supreme Court Clerk Hiring Watch: New Term, New Hires

By David Lat

Monday, October 4, marked the start of a new Supreme Court Term — October Term 2010, to be more specific. It also marked the first day of oral arguments for the newest member of the Court — Lady Kaga, aka Associate Justice Elena Kagan. As Justice White famously observed, a new justice makes a new court.

New Term, new justice, new court — and that’s not all that’s new in SCOTUS-related matters. There’s a new conservative sheriff in town, at least according to Jan Crawford. There’s a new book out about the Court — the long-awaited biography of Justice Brennan, by Seth Stern and Stephen Wermiel.

And, of course, we have new Supreme Court clerk hires to report, for the Term after this one — October Term 2011. Not all the justices are done hiring, at least as far as we know; but if you covet a Supreme Court clerkship, accurately described by Adam Liptak as “the most coveted credential in American law,” you should know that the window of opportunity is closing — fast. One justice has even hired a clerk for October Term 2012.

Let’s check out the new hires, shall we?

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Non-Sequiturs: 09.10.10

By David Lat & Elie Mystal

* Gawker is now offering Donald Trump money to shut up. You could say that Gawker is not getting any consideration in this deal, but you’d be very wrong. [Gawker]

* Alice Lingo, the lawyer-turned-cleaning-lady we posted about yesterday, has a Biglaw background. [Law Shucks]

* Professor Jonathan Adler has a detailed write-up of Sonia From the Block’s recent talk to Case Western law students. Justice Sotomayor: clerkship offers or it didn’t happen. [Volokh Conspiracy ]

* Meanwhile, Lady Kaga might only be working part-time for her first Term. [WSJ Law Blog]

* A California federal judge ruled DADT unconstitutional — making it the perfect time check out this 2009 NYU Law Revue skit. [YouTube]

* If it is possible to stop with political, religious, and racial fighting (and other assorted crap) for just one day, could that day be tomorrow? [Associated Press]

Tweet of the Day: He’ll Always Be Victor Sifuentes to Me

By Elie Mystal

Am I correct in asserting that Jimmy Smits has had more judicial experience than Elena Kagan?

– Dahlia Lithwick, opining on Jimmy Smits’s new show Outlaw. On the show, Smits plays a Supreme Court justice who steps down to “fight for change in the legal system,” because as we all know, SCOTUS justices are so powerless.

Supreme Court Clerk Hiring Watch: Justice Kagan’s Clerks!

By David Lat

As of yesterday, Justice Elena Kagan had not hired her four law clerks for October Term 2010, as reported by Tony Mauro in the National Law Journal. But that was then, and this is now.

Justice Kagan, who was sworn in on Saturday, isn’t wasting any time in getting her chambers up and running. Lady Kaga has hired her four little monsters for OT 2010.

Just as Justice Sonia Sotomayor did last year, Justice Kagan is hiring outgoing Supreme Court clerks — i.e., clerks who just finished up with their justices — to ease her transition. Out of her four clerks for the upcoming Term, three also clerked on the Court in the Term just ended (October Term 2009).

Not surprisingly, the former dean of Harvard Law School bleeds Crimson. At least two of Justice Kagan’s four clerks are HLS graduates. One is a graduate of Yale Law School (the alma mater of Justice Kagan’s late father). (We’re still waiting for the name and law school of the fourth clerk.)

UPDATE: We’ve learned the name of the fourth Kagan clerk. She’s also a Harvard Law grad, leaving Justice Kagan with three out of four clerks from HLS. More details after the jump.

So who will be joining the Divine Miss K in the heavenly confines of One First Street?

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Congratulations to Associate Justice Elena Kagan!

By David Lat

This should not come as a huge surprise, but Solicitor General Elena Kagan was just confirmed by the Senate as to be the 112th justice of the United States Supreme Court. Kagan, the first woman to serve as Solicitor General, is the fourth woman ever to serve on the Court.

CORRECTION: I replaced “as” with “to be” after receiving this from a former White House official: “I feel compelled to point out that the Senate confirmed Kagan TO BE the 112th justice, after which President Obama likely appointed her AS the 112th justice. Marbury, Madison, etc.”

The vote to confirm Kagan was 63-37. Check out C-SPAN for the full tally (scroll down). Ashby Jones has the highlights:

Fifty-eight Democrats and independents, as well as five Republicans, voted for Kagan. Thirty-six Republicans and one Democrat, Sen. Ben Nelson of Nebraska, voted against the nominee.

The five Republicans who supported Kagan were Sens. Susan Collins and Olympia Snowe of Maine, Lindsey Graham of South Carolina, Richard Lugar of Indiana and Judd Gregg of New Hampshire.

The current U.S. Supreme Court lineup (once Kagan is officially sworn in): Chief Justice John Roberts (Bush 43) and Justices Antonin Scalia (Reagan), Anthony Kennedy (Reagan), Clarence Thomas (Bush 41), Ruth Bader Ginsburg (Clinton), Stephen Breyer (Clinton), Samuel Alito (Bush 43), Sonia Sotomayor (Obama) and Elena Kagan (Obama).

UPDATE: In case you’re curious, President Obama’s prior SCOTUS nominee, Justice Sonia Sotomayor, was confirmed last year by a vote of 68-31, with nine Republicans in support. Three Republicans voted for Sotomayor but not Kagan: Lamar Alexander (Tenn.), Christopher Bond (Mo.), and Voinovich (Ohio). Scott Brown (Mass.) — who introduced Kagan at her hearings, by the way — voted against her (but wasn’t in the Senate yet for the Sotomayor vote). So did George LeMieux (Fla.), who replaced Mel Martinez (a pro-Sotomayor Republican).

After the Kagan vote, the Divine Miss K’s successor as Harvard Law School dean, Martha Minow, sent out a celebratory email at HLS….

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