Government

Jodi Arias says, ‘You could own these!’

* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]

* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]

* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]

* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]

* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]

Two hundred years ago yesterday, on September 14, 1814, a Washington, D.C. lawyer penned the words to what would become the United States’ national anthem. Today that man, Francis Scott Key, is better known as a lyricist than a lawyer. But at the time, the judge’s son, born to a wealthy slave-owning family in Maryland, was well respected in Washington’s legal and political circles. This week, On Remand looks back at Francis Scott Key’s legal career and some laws and lawsuits featuring Key’s composition, The Star-Spangled Banner.

By 1814, the thirty-five-year-old Key had already argued several cases in front of the Supreme Court. The most famous case, Mills v. Duryee, was the first time the Supreme Court construed the Constitution’s Full Faith and Credit Clause. Key argued that a judgment from one state, when presented in another state, was merely one piece of evidence to be weighed with all other evidence. Justice Story, delivering the majority opinion, thought little of Key’s argument, writing that it would render the Full Faith and Credit Clause “utterly unimportant and illusory.”

Key’s power of persuasion didn’t lead to victory at the Supreme Court. But, a year later, Key’s advocacy for a prisoner of war brought him near the frontline of the War of 1812. What he watched “o’er the ramparts,” then observed afterwards at “dawn’s early light” from a ship in Baltimore Harbor, became the inspiration for our national anthem….

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We all dream of a world in which collegiality matters.

Partners at law firms are . . . well . . . partners. They look out for each other. They build each other’s practices. They work for the common good.

Perhaps that firm exists. I wouldn’t know.

From my perch here — as the guy who left a Biglaw partnership for an in-house job, and on whose shoulder other Biglaw partners now routinely cry — the view is pretty ugly. (Perhaps my perspective is distorted because of an obvious bias: Partners happy with their firms don’t come wailing to me.) What I hear these days is grim: Guys are being de-equitized or made of counsel; they think they’re being underpaid; they’re concerned that they’ll be thrown under the bus if they ever lose a step.

Several recent partners’ laments prompted me to think about something that I’d never considered when I worked at a firm. (Maybe that’s because I’m one of those guys who was perfectly happy laboring for the common good. Or maybe it’s because I’m a moron.)

In any event, here’s today’s question: I want to wrestle effectively with my own law firm. I don’t want to be nasty; I just want to be sure that I have implicit power when I negotiate with the firm. I want the firm — of its own accord, without me saying a word — to treat me right. How do I wrestle my own law firm to the ground? How do I pin my partners?

double red triangle arrows Continue reading “Pinning Your Partners: 3 Ideas For Ensuring That Your Firm Treats You Fairly”

She doesn’t needed to be educated about rap music.

* “Operas can get pretty gory. I should have put that in my brief.” In the upcoming Supreme Court term, it looks like law clerks will have to educate their justices about the intricacies of rap music’s sometimes violent lyrics. [National Law Journal]

* The pay gap between equity and non-equity Biglaw partners is growing wider and wider. According to recent survey, on average, equity partners are bringing home $633K more than non-equity partners each year. [Am Law Daily]

* Hackers are targeting Biglaw firms to acquire their clients’ important secrets. Unfortunately, no one is brave enough to step up to the plate and say their firm’s been hit — admitting that “could be an extinction-level event.” [Tribune-Review]

* Which Biglaw firms had the most satisfied summer associates this year? There was a big rankings shake-up at the top of the list this time around, and we’ll have more on this later today. [Am Law Daily]

* In the wake of the Ray Rice scandal, Adrian Peterson screwed up many of your fantasy football teams after he was indicted for hurting his child “with criminal negligence.” He’s now out on $15,000 bail. [CNN]

* Mexican drug cartels are moving beyond shipping cocaine and are starting to grow the stuff too. As long as they stop hijacking lime shipments and driving up margarita prices. [Vocativ]

* The prosecutor who admitted Ray Rice into a pre-trial intervention program (and there are pros and cons to that decision) specifically denied the same option to a working single mother of two who didn’t realize her out of state gun permit wasn’t accepted. She was offered a 3+ year prison deal. Because, you know… prosecutors. [Huffington Post]

* If you’re planning on getting arrested in New Orleans — and who isn’t? — don’t get arrested at night. [The Times-Picayune]

* A federal judge is accused of sexual misconduct with a clerk. I had to check twice to make sure this wasn’t just a plot point in David’s upcoming book (affiliate link). [Waco Tribune-Herald]

* Defense lawyer allegedly drives drunk… to the courthouse. [Indianapolis Star]

* The complex legal tapestry of sandwiches. [The Atlantic]

* “Mathew Martoma’s Parents Raise Some Good, Less Good Points.” [Dealbreaker]

* If you were interested in the mélange of issues surrounding privilege, whistleblowing, and litigation finance, here’s a primer. [LFC360]

* Jimmy Kimmel asked some New York Fashion Week attendees about Justice Scalia. Hilarity ensues. Video embedded below… [YouTube]

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Judge Emily Dean

Here at Above the Law, we write about judges who bring shame to the judiciary all the time, but the subject of today’s foray into judicial misconduct is a wicked pisser — literally. We know things must get boring out in flyover country, Iowa specifically, but this is just crazy (and sad, but mostly crazy).

Let’s meet a judge who once got so wasted as she attempted to report to work at the courthouse that she later spent three days in an intensive care unit for severe alcohol intoxication…

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A 60-year-old Navy veteran needed money fast. So he did what far too many people do in that situation and applied for a short-term “payday-type” loan. When all was said and done, he was charged well over 100 percent interest. Seriously. One major player in the industry offered a $2,600, 47-month loan, and sought a total repayment of $20,280.03! That’s a 204.94 percent annual percentage rate!

Most of us realize that short-term lenders make their nut on exorbitantly high interest rates, but states have systematically cracked down on these companies and capped the interest they’re allowed to charge. State regulators have had a good deal of success in recent years securing hefty settlements for citizens victimized under state usury laws.

But our Navy veteran friend wasn’t so lucky. He got his loans from the wrong companies, and the state Department of Banking had to tell him that they were powerless to assist him.

It’s hard to believe a company can so blatantly thumb its nose at the rules, but they have a secret and some Biglaw bigshots on retainer to fight tooth-and-nail to protect their lending practices….

double red triangle arrows Continue reading “The Legal Trick Payday Lenders Are Using To Skirt The Law”

Justice Sonia Sotomayor

[A friend] called me and said, “Sonia, come to Princeton. You have to go to an Ivy League school.”

And I said, “What’s an Ivy League school?”

I was a good student. But I wouldn’t even have known to apply, because I came from a world where that wasn’t part of the expectations. And that’s true of a lot of kids in a lot of neighborhoods.

– Justice Sonia Sotomayor, in comments made about her decision to apply to Princeton University and later Yale Law School, during an appearance earlier this week at the University of Tulsa College of Law. Sotomayor went on to say that she wouldn’t be where she is now if it weren’t for affirmative action.

Oscar Pistorius

* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]

* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]

* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]

* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]

* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]

Judge Richard Posner isn’t amused — but we are!

Judge Richard Posner isn’t trying to entertain us. He just does.

When he benchslaps prominent Biglaw partners or government lawyers fighting marriage equality, he’s not trying to be funny. He’s just trying to understand the facts of a case or get to the bottom of the legal arguments — and he’s, well, maybe not as diplomatic as some other judges in going about his business.

Let’s check out the latest argument where Judge Posner snarked on hapless counsel….

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