Here are two stories, from nearly thirty years apart. They’re bookends on the subject of why standard of review counts.
Travel back with me, if you will, to the summer of 1983. I’m ten minutes out of law school, and I’ve just arrived in the chambers of Judge Dorothy W. Nelson of the Ninth Circuit, for whom I’ll clerk. Our wise and sagacious predecessor-clerks — out of law school for an entire year! — are introducing us to the job. (We overlapped for one week.)
One of my predecessor-clerks, John Danforth, asked the new group: “Do you think standard of review matters in appeals?”
I knew the answer, and I was about to pop off: “Of course not! Once you convince the court that your side is right, the judges will do whatever it takes to rule in favor of your client. Standard of review is just a silly lawyers’ game.”
Fortunately, Danforth talks quickly. Before I was able to make a fool of myself, he said: “Standard of review decides cases. It decides cases. That’s the most important thing I’ve learned in a year of clerking. Standard of review makes all the difference in the world.”
Westboro Baptist Church might be protected under the First Amendment. But maybe we can nail them for child abuse?
The Supreme Court just handed down its decision in the Westboro Baptist Church case, Snyder v. Phelps. The court ruled, 8-1, that the father of a slain Marine could not successfully sue the Westboro church in tort for protesting during his son’s funeral.
Call it Free Speech 101. The hard part about the First Amendment is that you have to allow people to say all manner of annoying, vulgar, and inappropriate things, at the wrong times.
Not that Justice Samuel Alito thinks so. Justice Alito was the lone dissenter in this case. He was also the lone dissenter in the Stevens case, in which the Court overturned a ban on animal crush videos on First Amendment grounds. But he voted with the majority in Citizens United.
I can’t wait until Sam “Not True” Alito writes a book or something explaining why regular people don’t deserve the free speech given to American corporations and sitting Supreme Court justices….
Were you disappointed by James Franco and Anne Hathaway as Oscars hosts? If so, you weren’t alone. PopEater described their hosting efforts, especially Franco’s, as “a disaster.” The New York Times declared the proceedings to be “downright painful” at points.
Next year, the Academy Awards should go in a different direction. Enough pandering to the youth. For 2012, the Oscars host should be a certain hilarious, older Jewish gentleman, who has been celebrated over the years for his brilliance and wit, and who knows a great deal about movies.
Bring back Billy Crystal? Not a bad idea — but here’s a better one. Bring on Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit!
In addition to his incredible intellect and superb sense of humor, Chief Judge Kozinski has an encyclopedic knowledge of film. Recall his famous ruling in the movie-industry case of United States v. Syufy Enterprises, featuring over 200 film titles woven artfully into the text of his opinion.
Chief Judge Kozinski knows movies, and he loves movies. He goes to the cinema every chance he gets. In fact, His Honor recently sent a movie recommendation my way — and it’s PG-13, in case you’re wondering….
It was quite shocking last October when word first surfaced that then-federal judge Jack Camp, at the time a senior judge for the Northern District of Georgia (Atlanta), might have indulged in cocaine, marijuana, and sex with a prostitute. The charges were hard to believe, especially given Judge Camp’s judicial office.
But, as it turned out, there was some truth to the allegations. In November, Judge Camp pleaded guilty to criminal charges stemming from his role in a scandal that involved drugs, guns, sex, and a stripper named Sherry Ann Ramos.
Now new information has come to light that makes Judge Jack Camp’s behavior perhaps more understandable, even if still illegal….
And what I think is important for you all, is that when you see people standing in defense of what’s right, that you make sure that your voice is not remembered as one of the silent. Because there’s gonna be a day when you’re gonna look around and you’re gonna look at your kids and your grandkids and they’re gonna ask you a question: What happened to the great country that was here when you grew up, and why isn’t it here now, and what did you do?
Judge Tacha follows in the footsteps of another federal judge: former D.C. Circuit Judge Ken Starr, of Whitewater / Monica Lewinsky fame. Judge Starr served as Pepperdine Law’s dean until he left last year for the presidency of Baylor University.
How are students reacting to news of Judge Tacha’s appointment?
Judge Marjorie Rendell (former First Lady of Pennsylvania).
There’s lots of law-related news coming out of Philadelphia right now.
The lead story on the Philadelphia Inquirer’s website today is about the latest Villanova Lawscandal, regarding falsified admissions data being submitted to the ABA. (The article contains a shout-out to ATL, which we appreciate.)
And then there’s the news that has all tongues wagging in the City of Brotherly Love: the split of a big-time Pennsylvania power couple (and a pair of Villanova Law grads, by the way).
Former Governor Edward Rendell, who left the governor’s mansion just last month, and Judge Marjorie Rendell, a prominent judge on the U.S. Court of Appeals for the Third Circuit, are going their separate ways. They announced their separation, after 40 years of marriage, in an email sent to friends….
* How did Howrey start to unravel? The trouble might have started in Europe. [Washington Post]
* Congratulations to Arvo Mikkanen, a Native American nominee to the federal bench in Oklahoma (and “an all-around great dude,” according to a tipster). [The Atlantic]
* Washington & Lee Law School, which we recently praised for its honesty to prospective law students, gets even more transparent — in an interview with Vault. [Vault's Law Blog]
* In a recent visit to USC, Justice Kennedy presided over a Shakespeare-inspired trial — something he has donebefore — and denied that the justices think about the news media when making their decisions. Methinks His Honor doth protest too much. [USC News]
'Please don't ship me in a box with no air holes.'
Given my prior stewardship of Underneath Their Robes, it should come as no surprise that I like my judges to exhibit some humanity. My favorite judges are those with personality, spunk, and a sense of humor, not the judicial automatons who just crank out dry opinions.
Sometimes judges can be, well, all too human. They might make mistakes — such as, for example, letting their lovers take nude photos of them in compromising positions, which then wind up on the internet. But that’s okay — the photos might be embarrassing, but they don’t call into question judicial impartiality or otherwise prevent the judge from serving.
(All the photos might show is that judges like sex — and is there anything wrong with that? As Elie quipped to me this morning, with regard to the Justice Lori Douglas photos, “I’m not worried about the judges who like having sex. I’m worried about the ones who don’t like having sex.”)
Earlier this week, the Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, reminded us that judges are people too — people who still enjoy free speech rights, despite their judicial offices….
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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