(Huh? Well, that’s how it appears in the official Supreme Court transcript; obviously something got lost in transcription. We try to make sense of it all, after the jump.)
Federal Judges
- Antonin Scalia, Arthur Miller, Biglaw, Conferences / Symposia, Federal Judges, Law Professors, SCOTUS, Supreme Court
Arthur Miller Puts Justice Scalia and Others on Panel; Good Thing Everybody Did the Reading
By Elie MystalSo I went to the annual conference of the Association of American Law Schools in New Orleans this past weekend. The place was lousy with law school deans and I had a ton of interesting, off-the-record conversations that I can’t report on. I also spent a weekend in New Orleans that involved all sorts of other things I can’t report on. It was fun and informative, you just have to trust me.
One thing I can report on was an AALS panel I attended, “The 75th Anniversary of the Federal Rules of Civil Procedure: Looking Back, Looking Ahead.” Now… I know that doesn’t scream “drop your panties,” but the panel was moderated by Arthur Miller. Yeah, that Arthur Miller, the famous law professor who wrote Death of A Civil Procedure Rules Salesman or something. And the all-star panel he was moderating included Justice Antonin Scalia… a person Miller doesn’t really agree with when it comes to rules. I had to go. Literally, I had to.
Unfortunately, the conversation was completely over my head. I’m not embarrassed to say that. Other people in my position may pretend that they got the most out of this discussion between Miller, Scalia, Biglaw partners, district judges, and others who have advised the Rules Committee. To me it sounded like, “TWOMBLY wha wha whaa, but in IQBAL wha wha wha wha! Wha? Given TWOMBLY’s wha and IQBAL’s wha, how could you wha wha whaaa?? [Laughter]”
That doesn’t mean I didn’t learn anything….
- Bankruptcy, Biglaw, California, Constitutional Law, Cooley Law / Thomas M. Cooley Law School, Dewey & LeBoeuf, Disability Law, Federal Judges, Guns / Firearms, Law Schools, LSAT, Military / Military Law, Morning Docket, Shira Scheindlin
Morning Docket: 01.09.13
By Staci Zaretsky* What Dewey know about this failed firm’s bankruptcy case? According to Judge Glenn’s latest order, it seems like D&L’s Chapter 11 plan is on track for confirmation in late February, unless there are objections, of course. [Am Law Daily (sub. req.)]
* The Law School Admission Council is suing California because the state’s legislature banned the practice of alerting schools when applicants had extra time to complete the LSAT. How lovely that LSAC values the ability to discriminate. [National Law Journal]
* “It’s not like we let anybody in the door. We don’t.” Apparently Cooley Law’s new Florida campus has very stringent admissions standards. Oh really? What else is required, aside from a pulse? [Tampa Tribune]
* It’s now too constitutionally risky for cops to get all frisky: a federal judge ordered that the NYPD cease its stock-and-frisk trespass stops without reasonable suspicion of actual trespass. [New York Law Journal]
* Tamara Brady, the lawyer for the accused shooter in the Aurora movie theater massacre, is setting the stage for her client’s diminished capacity defense — because even the mentally ill can buy guns. [Bloomberg]
* Pfc. Bradley Manning of WikiLeaks infamy will receive a reduced sentence if he’s convicted due to his illegal pretrial punishment, like being forced to sleep in the nude. A true hero! [Nation Now / Los Angeles Times]
- Admin, Announcements, Contests, Federal Judges, Health Care / Medicine, Reader Polls, SCOTUS, Supreme Court
Above the Law’s 2012 Lawyer of the Year Competition: The Winner!
By Staci ZaretskyAbove the Law’s 2012 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all our readers, who picked our victor after two weeks of voting over the holiday season.
Here are ATL’s past Lawyers of the Year:
- 2007: Loyola 2L
- 2008: President Barack Obama
- 2009: Justice Sonia Sotomayor
- 2010: Law School Transparency’s Kyle McEntee and Patrick Lynch
- 2011: Professor Paul Campos
For 2012, who will join their distinguished ranks? Let’s find out….
Continue reading “Above the Law’s 2012 Lawyer of the Year Competition: The Winner!”
- Biglaw, Blogging, Clerkships, Federal Judges, Gay, Gay Marriage, Law Professors, Law Schools, Non-Sequiturs, SCOTUS, State Judges, Supreme Court, Videos
Non-Sequiturs: 01.07.13
By Staci ZaretskyObviously a Norton Rose associate.
* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]
* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]
* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]
* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]
* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]
* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]
* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….
- Bankruptcy, Biglaw, Boutique Law Firms, Dewey & LeBoeuf, Federal Judges, Guns / Firearms, Job Searches, Law Schools, Morning Docket, Murder, Partner Issues, S.D.N.Y., Violence
Morning Docket: 01.07.13
By Staci Zaretsky* And here’s the depressing fact of the day (well, at least the morning): the legal services sector added just enough jobs from December 2011 to December 2012 to represent a .7% increase. Gah, not even a full percentage point! [WSJ Law Blog (sub. req.)]
* A federal judge who never worked at a law firm for a single day in her life stepped down from the S.D.N.Y. to join Zuckerman Spaeder. She only wanted to “try something new,” but she may be in for a little bit of a rude awakening. [DealBook / New York Times]
* Dewey know what the “fundamental problem” is with this failed firm’s partner contribution plan? When even the bankruptcy judge overseeing the case is confused, you know you’re in for a bumpy ride. [Am Law Daily]
* The suit against Albany Law over its allegedly misleading employment statistics was dismissed, but have faith, ye of little hope, because some cases are heading to discovery. [Thomson Reuters News & Insight]
* James Holmes, the man accused of murder in the Aurora movie theater massacre, will appear in court today for his first evidentiary hearing. Of course, none of that matters, because he’ll just say he was insane. [CNN]
This post is both a request for information and a cry for reform.
Here’s the backstory: Back when God was young, I clerked for a federal appellate judge. I saw how things operated in my circuit, and my friends clerking elsewhere told me how things worked in other circuits. One operating procedure differed between circuits; the procedure affected litigants (without their knowledge), and one system was plainly better than the other.
My request for information is that recent clerks update my information: Does this operating procedure still vary among circuits today?
My cry for reform is that circuit judges discuss this issue internally to decide whether they’re convinced, as I am, that some circuits are hurting both themselves and litigants in the process by which the courts use bench memos….
Continue reading “Inside Straight: Reforming The Bench Memo Process”
- ACLU, Bankruptcy, Biglaw, Defamation, Department of Justice, Dewey & LeBoeuf, Federal Judges, Free Speech, Money, Morning Docket, New York Times, Partner Issues, Technology
Morning Docket: 01.03.13
By Staci Zaretsky* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]
- 10th Circuit, Barack Obama, Cars, Confirmations, Federal Judges, Guns / Firearms, Health Care / Medicine, Kids, Masturbation, Morning Docket, Politics, Reader Polls, SCOTUS, Sonia Sotomayor, Supreme Court, Television, Travel / Vacation
Morning Docket: 12.27.12
By Staci Zaretsky* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters]
* Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN]
* Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)]
* But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times]
* A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post]
* One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News]
* You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times]
* Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]
- Admin, Announcements, Attorney Misconduct, Barack Obama, Biglaw, Cardozo Law School, Clifford Chance, Contests, Cozen O'Connor, Crime, Depositions, Dewey & LeBoeuf, Drinking, Email Scandals, Federal Judges, Health Care / Medicine, Jed Rakoff, John Roberts, Kids, Law School Deans, Law Schools, Legal Ethics, Partner Issues, Pregnancy / Paternity, Reader Polls, Rudeness, SCOTUS, Supreme Court, Texas
Above the Law’s 2012 Lawyer of the Year Competition: The Finalists!
By Staci ZaretskyThe year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. Come on, people, we still have to crown our Lawyer of the Year for 2012.
Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of nine (although you’ll see only eight options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.
And the nominees are….
Continue reading “Above the Law’s 2012 Lawyer of the Year Competition: The Finalists!”
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