* And meet the two legal heavyweights who will be arguing the case before SCOTUS. [Politico via How Appealing]
* Meanwhile, another Supreme Court has put a stop to same-sex marriage down in Alabama — for now. [Buzzfeed]
* General David Petraeus reaches a plea deal, requiring him to plead guilty to a misdemeanor and pay a fine (but no prison sentence). [Washington Post]
* It’s not as sexy as Obamacare or marriage equality, but the collection of state sales tax on out-of-state purchases made online is a pretty important issue — and Justice Kennedy wants SCOTUS to revisit it. [How Appealing (linkwrap)]
* A jury of eight men and 10 women will start hearing arguments today in the trial of Dzhokhar Tsarnaev, defendant in the Boston Marathon bombing. [How Appealing (linkwrap)]
* Legal ethics guru Monroe Freedman, RIP. [ABA Journal]
Opportunities abound in Texas.
The federal government can restrict access to public lands for oil and gas drilling purposes through a number of means.
Hydraulic fracturing and energy policy promise to be an interesting area to watch in 2015 as many competing political forces push to control the agenda.
What do these trends mean for lawyers in different specialties and at different seniority levels?
The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as detecting and deterring fraud and manipulation in its markets and ensuring the safety and reliability of the grid.
In the final days before the November election, the Republican (then minority) staff of the Senate Environment and Public Works Committee released a report outlining the domestic economic benefits of hydraulic fracturing, entitled Setting the Record Straight: Hydraulic Fracturing and America’s Energy Revolution
The EPA’s inspector general, Arthur Elkins, Jr., has rejected Sen. Jim Inhofe’s (R-OK) appeal for the Office of the Inspector General (OIG) to drop its review of the agency and the states’ ability to manage potential threats to water resources from hydraulic fracturing. In his October 16th letter responding to Sen. Inhofe, Mr. Elkins noted that, while inspectors general (IG) report their findings to Congress and their agency heads, they do not take direction from either in deciding what to review. He added that the Inspector General Act does not require IGs to explain why they should be allowed to continue their work, and that, in his opinion, interference by Congress or the agency is contrary to the statute.
* Floridian women lawyers got their wish: Bad Judge, plagued by bad ratings, is getting canceled. [Daily Business Review]
* A round-up of write-ups about today’s oral arguments in the Israel / Jerusalem passport case. [How Appealing]
* Interesting reflections from Professor Glenn Reynolds on the controversial catcalling video.
[USA Today via Instapundit]
* Things are bats**t insane — literally — at this Utah courthouse. [Gawker]
* The D.C. Circuit gives the EPA its way on cross-state air pollution. [Breaking Energy]
* Election monitors from the Justice Department: possibly coming to a jurisdiction near you (including Bergen County, New Jersey, where I grew up). [BuzzFeed]
* Can cops force suspects to use their fingerprints to unlock their cellphones? Eric Crusius and Lisa Giovinazzo debate, after the jump. [Fox News]
* Will we have a nominee for Attorney General Eric Holder’s position “shortly after the election”? Per a White House spokesperson, our lame-duck Congress might just get a chance to confirm America’s next top lawyer. [WSJ Law Blog]
* In the wake of an associate general counsel’s suicide last week, Deutsche Bank has taken steps to further separate its legal and compliance teams to tamp down on its “legal and regulatory headaches.” Well then. [Corporate Counsel]
* David Tresch, Mayer Brown’s former chief information officer, was sentenced to 27 months in prison for his role in bilking the firm out of $4.8 million. Hey, it could’ve been worse, says his lawyer, whose client got off relatively easily. [Am Law Daily]
* Thanks to the rise of the “energy phenomenon,” law schools have started to offer various classes focusing on oil and gas law in the hopes of making their graduates employable. Good luck with that. [Times Online]
* If you plan to retake the LSAT, you need to study smarter. Don’t sweat it too much, though — it’s not like you’ve got a lot of competition trying to apply to law school. [Law Admissions Lowdown / U.S. News]
* NFL blackout rules will be a thing of the past on November 24. So just in time for all you rabid Rams fans to watch them play the Raiders. [CommLawBlog]
* Electing judges is so very stupid. [What About Clients?]
* OK, Alex Rich: it’s time to ditch document review and become a psychic. [Law and More]
* A tumblr of offensive stuff overheard at Yale Law. If these are true, then that place sounds horrible. [The YLS Offensive]
* Exactly where is the Arctic National Wildlife Refuge? It turns out the government doesn’t really even know. They’re looking to shift the border and possibly allow more oil drilling. [Breaking Energy]
* How to get your Biglaw career right from the beginning. [Medium]
Is the Canadian Bar Association sticking its nose where it doesn&#039;t belong?
* Justice Scalia spoke at CU-Boulder last night. For his sake, we certainly hope he didn’t speak about any issues that might someday appear before SCOTUS, lest he be asked to recuse. [Boulder Daily Camera via How Appealing]
* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]
* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]
* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]
* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]
* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]
* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]
* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]
* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]
* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]
* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]
* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]
* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]
* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]
* The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]
* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]
* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]
* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]
* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]
* At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]
* The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]
* Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]