Eric Holder

Non-Sequiturs: 05.22.12

Have we learned nothing from this?

* You think Dharun Ravi was a bad roommate? No, Ravi was just a kid pulling a prank. These guys are bad roommates deserving of jail time. [Associated Press]

* Really, I’m not so much worried about whether or not Jesus was a homophobe. I’m concerned by the guys who claim to be working for him. [WSJ Law Blog]

* New York Athletic Club “ragematch” will have consequences. [Dealbreaker]

* Look, if these judges and attorneys were good at math, they wouldn’t have gone to law school in the first place. [NBC Sports]

* I thought after Katherine Harris, the practice of making people like Katherine Harris important would stop. But, I guess I thought the country would learn, like, at least one lesson from Bush v. Gore. [Election Law Blog]

* I guess some people at Harvard Law are going to try to organize a protest over Eric Holder’s commencement address. [Instapundit]

* A glorious gallery of case studies involving law firm advertising. [Fishman Marketing]

So far this year, we haven’t had any huge commencement kerfuffles over graduation speakers at law schools. Last year, you’ll remember that Michigan Law was in a tizzy over Dean Evan Caminker’s pick of Ohio Senator Rob Portman as a commencement speaker. Portman is one of those anti-marriage equality types, and Michigan Law students actually organized a walkout to protest his divisive views.

This year, Michigan has gone with a much more conservative choice.

Paul Caron at Tax Prof Blog has published his annual list of law school commencement speakers. Michigan Law’s choice is boring, but let’s see if we can’t find somebody else on this list to get excited about…

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Remember the homework assignment issued by Judge Jerry Smith of the Fifth Circuit to the U.S. Department of Justice? Earlier this week, Judge Smith ordered the DOJ to file a three-page, single-spaced letter discussing the principles of judicial review, in light of prior comments by President Barack Obama that could be construed as questioning the doctrine.

The response was due today at noon (Houston time) — about 20 minutes ago. It was filed on behalf of the Department by Attorney General Eric Holder.

Let’s take a look, shall we?

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* “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]

* Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]

* Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]

* Joe Jamail, “America’s richest practicing lawyer,” donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]

* McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]

Morning Docket: 04.04.12

Jenna Talackova

* AG Eric Holder can thank Obama for this homework assignment from Fifth Circuit Judge Jerry Smith, because it seems like our president forgot about Marbury v. Madison. More on this to come later today. [CBS News]

* Dewey need to buy this Biglaw firm a functional calculator? New information shows that the imploding firm was off by roughly $153M when partners reported 2011 earnings to the American Lawyer. [Am Law Daily]

* You know there’s got to be something questionable about a law school when the accreditation machine that is the ABA gives it the side eye. And no, Duncan Law, a judge still won’t force its hand. [National Law Journal]

* Stephen McDaniel pleaded not guilty at his arraignment for the murder of Mercer Law classmate Lauren Giddings, but will he be released on bail before trial? Only if he’s got $2.5M sitting around. [Macon Telegraph]

* More law school lawsuits are coming down the pipeline, but local lawyers in Massachusetts don’t think that they stand a chance. Why? The highly-educated consumer argument strikes again. [Boston Business Journal]

* Thanks to Gloria Allred, transgender beauty queen Jenna Talackova may be able to participate in the Miss Universe pageant if she can meet the legal requirements for being a woman in Canada. [MSNBC]

Morning Docket: 03.06.12

* Due process, judicial process, yeah, yeah, same difference. Not so, says Attorney General Eric Holder — especially when it comes to assassinating killing Americans abroad. [Blog of Legal Times]

* Now that BP has settled claims made by private sector plaintiffs, state and federal government lawyers are getting ready to wait “months, not weeks” for their new trial date. [Financial Times]

* Newt Gingrich wants his “Eye of the Tiger” copyright infringement suit to be dismissed. Listen, judge, if he can’t play this song, we won’t get our moon base or cheaper gas. [The Caucus / New York Times]

* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]

* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]

* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]

SCOTUS in the house at SOTU.

President Barack Obama delivered his State of the Union address this evening, and it was even less exciting than last year (which was less exciting than the year before, when the famous Obama v. Alito showdown over Citizens United took place). Tonight was light on drama — one of the most compelling moments came early on, with the arrival in the chamber of retiring Congresswoman Gabrielle Giffords — and President Obama’s speech was light on new ideas. Considering that we’re in an election year, with no major legislation likely to pass anytime soon, this shouldn’t come as a surprise.

Your Above the Law editors covered the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky.

Here’s an open thread for discussion of the address. We’ll get the party started with a few legally oriented highlights, after the jump.

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Thanksgiving is just a few days away. But at the U.S. Department of Justice, there might not be a lot to be thankful for. Most of the DOJ-related news floating around right now is depressing.

A court-appointed investigator, Henry F. Schuelke, just issued what the New York Times described as a “scathing” report on one of the DOJ’s most prominent prosecutions in recent years. Schuelke concluded that the prosecution the late Senator Ted Stevens “was ‘permeated’ by the prosecutors’ ‘serious, widespread and at times intentional’ illegal concealment of evidence that would have helped Mr. Stevens defend himself at his 2008 trial.” Ouch.

(The good news, from the Department’s perspective: a recommendation against criminal prosecution of the DOJ officials involved in the case. That’s something to be thankful for, I suppose.)

Alas, that’s not all for depressing dispatches out of the Department. Let’s discussing the hiring freeze, and the state of Honors Program offers….

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Katherine Forrest: Why isn't her net worth higher?

As I’ve previously mentioned, one of my favorite parts of the judicial nomination process is the attendant financial voyeurism. Judicial nominees are required to make detailed disclosures about their finances, allowing us to learn about their income and net worth. For example, thanks to her nomination to the Supreme Court last year, we got to learn about Elena Kagan’s net worth.

Last week, the Senate Judiciary Committee released financial disclosure reports for several of President Obama’s recent judicial nominees — including antitrust litigatrix Katherine B. Forrest. Forrest has been nominated to the mind-blowingly prestigious Southern District of New York, perhaps the nation’s finest federal trial court. As a highly regarded lawyer who has won numerous awards and accolades (listed in her SJC questionnaire), Forrest will fit right in if confirmed to the S.D.N.Y. — a superstar among superstars.

The fabulous Forrest currently serves as a deputy assistant attorney general in the Department of Justice’s antitrust division. She joined the DOJ last October — a commendable public-service commitment that required her to relinquish her partnership in one of America’s mightiest and most prestigious law firms, Cravath, Swaine & Moore. When she left to pursue government service, Forrest had been a Cravath partner for over 12 years (since 1998), and had been with the firm for about 20 years in all (since 1990).

At the time of her departure for the Justice Department, Katherine Forrest had been taking home hefty paychecks for decades. First she was an associate at Cravath, which pays its people quite well, in case you hadn’t heard. Then she was a partner at the firm (reportedly one of the most well-liked and most powerful younger partners) — from 1998 to 2010, a period in which average profits per partner at CSM routinely topped $2 million and occasionally exceeded $3 million. And remember that Cravath is a lockstep partnership with a reported 3:1 spread, meaning that the highest-paid partners make no more than three times as much as the lowest-paid partners. So it’s not possible that she was earning, say, $400,000, while other partners were earning millions (which can be the case at firms with higher spreads).

In light of the foregoing, what is Katherine Forrest’s net worth, according to her Senate Judiciary Committee financial disclosures? Not as much as you might expect….

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Morning Docket: 05.05.11

Kid who didn't do as well as his parents.

* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]

* Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are fit to print. [The Virginian-Pilot]

* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]

* I don’t want to intrude on Lat’s beat here, but Ponzi schemer Scott Rothstein’s pad sounds pretty nice. Bet it even has a foyer, whatever the hell that is. [WSJ Law Blog]

* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]

* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]

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