Federal Judges

Wise Latina?

[F]ederal judges are not just politicians in robes, though that is part of what they are.

– Professor Lee Epstein, Professor William M. Landes, and Judge Richard Posner, writing about judges and politics in their forthcoming book, The Behavior of Federal Judges (affiliate link).

(Additional highlights from Adam Liptak’s article about their research, after the jump.)

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Casey Anthony is not impressed.

* Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]

* Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]

* Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]

* Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]

* New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]

* The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]

* An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]

* Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]

* Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]

If you’re trapped in the office on this Friday after Thanksgiving — or, just as bad, stuck at a distant relative’s house with nothing to do — Professor Hadley Arkes of Amherst College and Chief Judge Alex Kozinski of the Ninth Circuit are here to help.

Last weekend, at the National Lawyers Convention of the Federalist Society, Professor Arkes and Chief Judge Kozinski debated whether natural law should inform constitutional law. Let’s check out their most interesting debate….

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Ed. note: Happy Thanksgiving! We will resume our normal publication schedule on Monday, November 26. We hope you have a wonderful holiday, and we thank you for your readership.

* We’ve discussed this trend before, and it continues: administrations of the LSAT plunge further, reaching their lowest level since 1999. [Economix / New York Times]

* We’ve discussed this trend before, and it continues: judges are still offering unpaid clerkships (even though the days of law firm deferrals are behind us). [Salon]

* We’ve discussed this trend before, and it continues: law schools sometimes discriminate against conservatives, as jurors from the Teresa Wagner trial told Iowa’s leading newspaper. [Des Moines Register]

* Are you mooching off of someone else’s wireless internet? If so, consider yourself warned. [WSJ Law Blog]

* Are you a lover of Twinkies? If so, consider yourself warned (although it’s possible that a buyer might snap up the Twinkies brand). [DealBook / New York Times]

* Seven Am Law 200 firms are saying YES to work on a billion-dollar deal. [Am Law Daily]

This Thanksgiving, five brilliant young lawyers will have something special to give thanks for. Earlier this month, they learned of their selection as the 2013 Bristow Fellows.

Bristow Fellowships, one-year fellowships in the U.S. Solicitor General’s Office, go to recent law school graduates with outstanding academic records and top clerkships. They are generally regarded as second only to Supreme Court clerkships in prestige — and often lead to SCOTUS clerkships as well. You can read more about the Bristow Fellowship, including the job responsibilities and application process, on the Justice Department website.

One of the newest Bristow Fellows is an Above the Law celebrity, whom many of you will recognize. Yes, that’s right — you can appear in the pages of ATL and go on to enjoy great career success in the law….

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We know what you must be thinking: how could the Chief Justice of the United States have anything in common with the woman who wrote and starred in Girls, the overtly sexualized hit series on HBO? Chief Justice John Roberts thinks that corporations are people whose money talks, while Lena Dunham often appears naked on the small screen while contemplating raunchy sex acts. The pair seem like complete opposites — but as we know from that fabulous Paula Abdul song, opposites sometimes attract.

As it turns out, Chief Justice Roberts and Dunham were both big hits this year with liberal thinkers. Yes, you read that correctly. Roberts, once a bastion of conservative hope, is now being praised as a liberal hero alongside a woman who starred in an Obama ad that likened first-time voting to losing one’s virginity.

They’ve even been named on a few year-end lists together. Let’s check them out….

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I’ll miss you the most, my little cupcake.

* Billable hours in Biglaw are down 1.5 percent, and 15 percent of U.S. firms are planning to reduce their partnership ranks in early 2013. Thanks to Wells Fargo for bringing us the news of all this holiday cheer! [Thomson Reuters News & Insight]

* Hostess may be winding down its business and liquidating its assets, but Biglaw will always be there to clean up the crumbs. Jones Day, Venable, and Stinson Morrison Hecker obviously think money tastes better than Twinkies. [Am Law Daily]

* How’s that “don’t be evil” thing working out for you? Google’s $22.5M proposed privacy settlement with the FTC over tracking cookies planted on Safari browsers was accepted by a federal judge. [Bloomberg]

* Greenberg Traurig and Hunton & Williams face a $7.2B suit from Allen Stanford’s receiver over a former attorney of both firms’ alleged involvement in the ex-knight’s Ponzi scheme. [Houston Business Journal]

* Perhaps the third time will be the charm: ex-Mayer Brown partner Joseph Collins was convicted, again, for helping Refco steal more than $2B from investors by concealing the company’s fraud. [New York Law Journal]

* H. Warren Knight, founder of alternative dispute resolution company JAMS, RIP. [National Law Journal]

Federal judges don’t always tell lawyers that their writing is crap, but when they do, they’ll do it in a publicly filed court order. Because while judges have got many a tool in their benchslapping arsenal, a public shaming is perhaps the most useful of them all.

Today’s instance of public shaming comes to us courtesy of Judge Steven Merryday (M.D. Fla.), the same fellow who denied a motion to suspend trial in a death penalty case from an attorney who wanted to participate in an Ernest Hemingway look-alike contest.

Let’s jump right in and see what happened, because this judge had a field day with redlining….

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* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

Left to right: Alex Kozinski and Diarmuid O’Scannlain.

This week is an exciting one for conservative and libertarian legal nerds: the National Lawyers Convention of the Federalist Society starts tomorrow. I’ll be attending and covering the proceedings; if you see me, please say hello. (If you haven’t registered for the conference in advance, you can still register at the door.)

As always, the conference will overflow with legal luminaries. This year, two of the Ninth Circuit’s most notable names — Chief Judge Alex Kozinski, and Judge Diarmuid O’Scannlain (for whom I clerked) — will be making presentations. Chief Judge Kozinski will debate Professor Hadley Arkes about natural law and constitutional law, while Judge O’Scannlain will moderate a panel about religious liberty.

To whet your appetite, let’s read more about both of these judges and some recent First Amendment fun at the Ninth Circuit….

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