If you're a judiciary junkie who used to read Underneath Their Robes, the judicial news and gossip site that was our first foray into blogging, you may be mildly amused by this strange piece of spam.

Jeffrey Toobin -- legal affairs writer for the New Yorker and author of The Nine: Inside the Secret World of the Supreme Court, one of our favorite books in 2007 -- forwarded the rather bizarre email to us yesterday. Check it out, after the jump.

Guess we picked our Lawyer of the Day too soon.

Update (2:30 PM): Press conference scheduled for 2:15 p.m., but Governor Spitzer is running 15 minutes late. "I don't blame him," said Ben Smith of the Politico, interviewed just now on CNN.

Update (2:35 PM): Jeffrey Toobin, who was an HLS classmate of Eliot Spitzer, described the news as "a total shock." He said Spitzer has been "nothing but a straight arrow" for many years.

Update (2:50 PM): Still no press conference. Brooke Masters, author of Spoiling for a Fight: The Rise of Eliot Spitzer, was just interviewed on CNN. She noted that this scandal comes at a bad time for Spitzer politically, in the wake of last year's scandal involving his misuse of the State Police for political purposes.

Update (3 PM): We're stepping away for a bit, to give a talk at Stanford Law School. We'll be back online as soon as we can. Some content will be posted while we're gone (material prepared ahead of time, not Spitzer updates).

Developing... Check back for updates.

Spitzer Is Linked to Prostitution Ring [New York TImes]

This has been all over the news. We like the ABA Journal's version, 'cause it's the crispest:

The Atlanta judge overseeing the prosecution of alleged courthouse shooter Brian Nichols has stepped aside from the case after he was quoted [in a New Yorker article] as saying, “Everyone in the world knows he did it.”

The New Yorker piece was by one of our idols, prosecutor-turned-writer Jeffrey Toobin (who launched our blogging career, with this Talk of the Town piece). Judge Fuller and Jeff Toobin were interviewed by the Fulton County Daily Report about the controversy:

"I had a specific agreement with Toobin," said Fuller on Tuesday, before announcing his recusal. "Our conversation was to be on background only, and there would be no direct quotations or attributions, unless they were floated by me first."

Not so, said Toobin, reached in New York. "I don't know what to say," he said. "I mean, it was clearly for attribution; we even had a New Yorker fact-checker call and confirm it. ... I have great respect for Judge Fuller, but that was not at all my understanding."

We're with the meticulous Toobin on this one. In fact, we share the suspicion of one of the correspondents who wrote us about this story: Was Judge Fuller's indiscretion intentional? Was it his way of getting out from under a long and complex nightmare of a case?

Judge Recuses From Courthouse Shooting Case Due to New Yorker Quotes [ABA Journal]
Judge Fuller recuses from Nichols case [Fulton County Daily Report]
Judge in Courthouse Shooting Case Steps Down [New York Times]
Death in Georgia [The New Yorker]
New Yorker Quote Leads to Atlanta Judge Recusal [WSJ Law Blog]

* Check it out: the Los Angeles Daily Journal has a brand new blog. Welcome to the blogosphere, Mr. Hurley! [Washington Briefs]

* Don't you wish you had attended a non-top-tier non-T14 law school? At U. Conn. Law, Professor Robert Birmingham (at right) screens prostitution training films in class. [TaxProf Blog]

* ESPN's Stephen Smith lawyers up, retaining Willie Gary -- a/k/a the "$22,000 an Hour Man." [FishBowl NY]

* Fake Lawyer of the Day. [AP]

* Dubious Lawsuit of the Day. [Orlando Sentinel]

* Another interesting interview with Jeffrey Toobin, author of the bestselling Supreme Court book, The Nine. [On the Media / NPR]

More good press for Jeffrey Toobin's new book, The Nine: Inside the Secret World of the Supreme Court. It scored a front-page review in the New York Times Book Review, which is the Holy Grail of the publishing industry.

But we're partial to this great Slate piece, by Emily Bazelon and Dahlia Lithwick (two of our favorite Supreme Court correspondents). Bazelon and Lithwick conduct a meta-review of critical reactions to Jeff Toobin's book, which they use as a jumping off point for broader reflections on media coverage of the Court. They include a generous shout-out to ATL:

One of the oddest byproducts of the Internet has been the growth industry that is the Supreme Court gossip blog. These folks are less interested in the court as the place where Law Is Born, or where Politics Really Come From, and more fascinated by which clerks are sleeping with whom, and how much they earn while doing it.

No blog has a better bead on those items than David Lat's Above the Law. Sure, ATL invariably tends to reduce the entire sweep of modern constitutional history to a form of girl-on-girl Jell-O-wrestling. But then at bottom, what else is there?

As one reader jokingly suggested, "Looks like your Facebook group membership finally paid off!"

Nine Ways To Read The Nine [Slate]
Meet the Supremes [New York Times Book Review]

Last night's Colbert Report was a bonanza for law nerds. The featured guest was Jeffrey Toobin, who spoke about his new book, The Nine: Inside the Secret World of the Supreme Court. Toobin and Colbert had a relaxed and easy rapport, and their conversation was highly entertaining -- perhaps the best CR appearance since Neal Katyal. You can check out Stephen Colbert's interview of Jeff Toobin by clicking here.

Before turning to the SCOTUS, they discussed the most recent legal troubles of O.J. Simpson. As you may recall, Toobin was one of the lead correspondents on the original O.J. trial, as well as the author of a bestselling book about it, The Run of His Life. Toobin summarized the defense strategy in the armed robbery case against Simpson as follows: "If it's his s***, you must acquit."

But that's not all! There was a special shout-out to Bingham McCutchen, during the ThreatDown.

More details, plus a video clip, after the jump.

New Yorker writer Jeffrey Toobin's exciting new book, The Nine: Inside the Secret World of the Supreme Court, is being released tomorrow. But it's already provoking some interesting discussion in the blogosphere. See, e.g., this post by Professor Rick Garnett (esp. the comments).

And it's garnering some favorable reviews. The dean of the Supreme Court press corps, Nina Totenberg of NPR, has given The Nine her blessing.

How does The Nine compare to other recent books about the Supreme Court? Here is Totes's take:

Jeffrey Rosen's book about famous court personalities and rivalries is an interesting history packed into a professorial thesis. [A] biography of Justice Clarence Thomas by the Washington Post's Kevin Merida and Michael Fletcher is a credible, but limited, look at the justice. In addition, Thomas himself was paid a reported $1 million to write a book that is slated to come out this fall.

If you're interested in the Supreme Court as an institution and as a collection of personalities, though, Toobin's is the book to read.

Hey Nina, what about the book by that rather attractive lady reporter?

Supreme Conflict, by ABC's Jan Crawford Greenburg, contains a fair amount of good conservative gossip about the nomination of Chief Justice John Roberts and Justice Samuel Alito, but it lacks the balance, substance, and context of Toobin's book.

Ouch. Jan, remember all those nice things you had to say about Nina? Care to take any of them back?

Toobin's 'The Nine' Reveals Politics of High Court [NPR]
"The Nine" [PrawfsBlawg]

Earlier: In Defense of Nina: Jan Crawford Greenburg

* More lawyers -- no, not Nixon Peabody -- have a bone to pick with YouTube. [Michael Geist]

* UK study: "Workers who spend time on sites such as Facebook could be costing firms over £130m a day." [BBC via Dealbreaker]

* Speaking of Facebook, here's some advice that's so obvious, yet so frequently ignored: "[I]f you don't want a hiring partner to see it, it probably shouldn't be up on the web." [PrawfsBlawg]

Update: As noted by a commenter, the first comment to the PrawfsBlawg post is pretty great.

* New Yorkers, take note: Could Wall Street Woes Sink NYC Real Estate? [DealBreaker]

* Blawg Review #125 is up. [Real Lawyers Have Blogs via Blawg Review]

* Have a question you're dying to ask Jeffrey Toobin, author of The Nine: Inside the Secret World of the Supreme Court? Here's your chance. [SCOTUSblog]

We've been writing a fair amount about Jeffrey Toobin's exciting new book, The Nine: Inside the Secret World of the Supreme Court. Its scheduled publication date is September 18, but we've gotten our grubby paws on a copy. We'll have more to say after we've read it.

In the meantime, check out this great report from ABC News, which highlights some of the book's juiciest parts. It mentions the business about a crying Justice Souter, which is already old news, but it also has these tidbits:

* The decision to rush the swearing-in of Justice Clarence Thomas spared the controversial nominee the publication of more embarrassing personal revelations than Anita Hill's notorious testimony. That same day, three Washington Post reporters were set to write a story about Thomas' extensive taste for pornography, including accounts from eyewitnesses such as the manager of his local video store. "But since Thomas had been sworn in, the Post decided not to pursue the issue and dropped the story."

* Former Chief Justice Warren Burger, an Anglophile who collected antiques and fine wines, was so vain that "he placed a large cushion on his center seat on the bench, so he would appear taller than his colleagues."

* Rehnquist was not impressed with Bill Clinton and his wife. When told that the newly elected president was thinking of nominating Hillary as attorney general, the chief justice quipped, "They say Caligula appointed his horse counsel [consul?] of Rome."

Plus there's a great story about the justices trying to get to the Court during a snowstorm -- lawlessness and hilarity ensue -- and some gossip about Justice Souter's love life. Read the full article here.

Meanwhile, in other Jeffrey Toobin news, he's conducting an awesome event later this month at the New Yorker Festival. It's a conversation about the future of the Supreme Court, featuring two of our favorite members of the Elect: Rachel Brand (OT 2002 / Kennedy) from the right, and Neal Katyal (OT 1996 / Breyer) from the left.

We wouldn't miss it for the world. If you'd like to attend, ticket information is available here. Tickets to Festival events go on sale at 12 noon E.T. on September 15th, at ticketmaster.com -- and they tend to go fast. So mark your calendars!

Under the Robes: Secrets of the Supreme Court [ABC News]
Rachel Brand, Neal Katyal, and Jeffrey Toobin: The Future of the Supreme Court [New Yorker Festival]

Another day, another controversy involving New Yorker scribe Jeffrey Toobin and his eagerly anticipated book, The Nine: Inside the Secret World of the Supreme Court (to be published on September 18).

Yesterday we wrote about Toobin weighing in on who deserved the blame for Harriet Miers. Today we bring you a new drama (first noted earlier this week by Jeff Dufour and Patrick Gavin, over at Yeas & Nays).

We begin with a juicy excerpt from Toobin's book, concerning Justice Souter's reaction to Bush v. Gore:

David Souter alone was shattered. He was, fundamentally, a very different person from his colleagues. It wasn’t just that they had immediate families; their lives off the bench were entirely unlike his. They went to parties and conferences; they gave speeches; they mingled in Washington, where cynicism about everything, including the work of the Supreme Court, was universal.

More discussion, including JT's juicy revelation about Justice Souter, after the jump.

Sigh. Too much to write about, not enough time (or energy). We should have written about this on Tuesday. But since we didn't, we now have the luxury of assembling a post by commenting on what other people have already written -- and snarkily noting that they all say the same thing.

It all started with this article from the Washington Post (via the Huffington Post):

It was John G. Roberts Jr., now the chief justice of the United States, who suggested [Harriet] Miers to Bush as a possible Supreme Court justice, according to the [new] book [Dead Certain, an examination of the Bush presidency, by Robert Draper].

Miers, the White House counsel and a Bush loyalist from Texas, did not want the job, but Bush and first lady Laura Bush prevailed on her to accept the nomination, Draper writes.

Sounds juicy, right? But not so fast.

If you're already familiar with this controversy, you can probably skip the rest of this post. But if not -- or if you are, but want some commentary on the commentary -- you can read more after the jump.

Okay, 'fess up. You didn't follow the Scooter Libby trial that closely. It struck you as kinda confusing, kinda boring.

You didn't read that much about the trial while it was going on -- maybe an article on the day of opening arguments, and an article or two after the verdict. Whenever the Libby case came up at cocktail parties, you tried to steer the talk towards Britney's shaved head, afraid of your ignorance being exposed.

Live in fear no longer. Just read this excellent Talk of the Town piece by Jeffrey Toobin, which tells you all you need to know about the case, in clear and concise fashion.

(We heart the MSM! They write about stuff like the Libby trial, so we don't have to.)

Talk of the Town: Verdicts [New Yorker]

Here's another excellent article from Jeffrey Toobin of the New Yorker. It's about the role played by Sen. Arlen Specter (R-PA), outgoing chair of the Senate Judiciary Committee, with respect to the recent habeas corpus legislation (aka the Military Commissions Act of 2006).

If you're confused about the controversy over this legislation, which has wound its way through both the federal courts and the Senate chamber, the article is well worth your time. It explains recent developments in this complex area of law with commendable clarity.

And it also contains fun bits of color and gossip. We collect a few highlights, after the jump.

Justice Stephen G. Breyer demonstrates his hidden talent for pantomime, as Jeffrey Toobin looks on admiringly. (Photo by Startraks.)

This is our final post about Justice Stephen Breyer's recent appearance at the New Yorker Festival. Prior posts are available here, here, here, and here.

We highlight some of the more interesting or amusing remarks by Justice Breyer, after the jump.

"Nino, you wanna piece of me?" Justice Stephen G. Breyer and Jeffrey Toobin, at the New Yorker Festival. Photo by Startraks.

Somewhat late, but better late than never: part one of the more detailed account that we promised you of Justice Stephen Breyer's interview with Jeffrey Toobin, at the New Yorker Festival last weekend.

The setting of the interview was impressive. The Celeste Bartos Forum at the New York Public Library is a grand, high-ceilinged room, with marble and dark wood trim gracing the walls. Justice Breyer and Jeff Toobin sat on two directors' chairs on the small, elevated stage at the front of the room, with a gold and brown backdrop behind them.

Before the talk started, one could feel the buzz of anticipation in the room. Our knees were trembling with anticipation, and our heart was beating almost audibly. Supreme Court justices make us weak! (And apparently we're not alone. Festival publicist Kimberly Burns informed us that the Breyer/Toobin talk sold out on Ticketmaster in three minutes -- like a rock concert.)

More notes, after the jump.

Actually, no, we didn't ask him that. But the question we did pose was just about as goofy. It felt sort of like Punk'd: Supreme Court Edition.

First, some background. As previously discussed, this past weekend we attended Jeffrey Toobin's interview of Justice Stephen G. Breyer, part of the New Yorker Festival. It was an interesting talk, even if it may not have met our (perhaps unrealistic) expectations.

We may write even more about the interview later (because it did go on for about an hour and a half). For now, though, we'll share with you what happened when we got up during the Q-and-A session and posed a question to Justice Stephen Breyer.

Check it out, after the jump.

We're about to head to dinner, so we'll write more about this later. For now, from Bryant Park -- free wireless! -- here's a quick, rushed, half-baked commentary on Justice Stephen G. Breyer's interview with Jeffrey Toobin at the New Yorker Festival.

It's always thrilling to see a Supreme Court justice in the flesh. But, truth be told, we were a little disappointed (and not because SGB dodged our question during the Q-and-A with a rambling hypothetical about green roof tiles). On the whole, Justice Breyer was a bit too tame in his remarks to be a great interviewee.

It wasn't Jeff Toobin's fault; Toobin tried to bring Justice Breyer out of his shell (as he did with Edie Falco, who was a brilliant interviewee at last year's Festival). But Justice Breyer was, on the whole, too restrained and insufficiently gossipy.

Justice Breyer was obviously precluded from talking about substantive legal issues (which several audience made futile attempts to get him to do). So he should have offered up lots of color and dish: harmless random details about life as a SCOTUS justice, tons of funny stories. Sadly, he didn't do much of that; a little, but not enough.

What did he do? He offered up lots of vague generalities about the role of the courts in a democracy. If you've sat through one of Justice Breyer's civics lectures on C-SPAN, or through the first week of a Con Law course, you've heard this all before. A telling refrain that preceded many of his remarks: "As I tell my students" (i.e., the elementary and high schoolers he gives civics lessons to).

The best interviewees are confessional. You feel like they're at dinner with a close friend (the interviewer), and you're a fly on the wall, hearing all sorts of juicy stuff you really shouldn't be hearing. But everything Justice Breyer said today he could have said -- and probably has already said -- on C-SPAN, or in his book, Active Liberty.

You're about to complain: "C'mon, how could you expect much fun? The man is a sitting Supreme Court justice, for crying out loud!"

Our response: There are ways to entertain, enrage, or engage your audience, even if you're a federal judge, without violating ethical precepts. Every time Justice Scalia makes a public appearance, for example, there's an article in the newspaper the next day about some fun, wacky, or thought-provoking remark he made.

Judge Alex Kozinski and Judge Richard Posner are the same way. They are colorful characters, prolific writers and public speakers. They make us laugh, and they make us think, but without crossing the line into impropriety.

Unfortunately, Justice Breyer shied too far away from that line in his appearance today. We'll blog about the highlights of what he did say later (and don't get us wrong; there were a number of funny moments and interesting anecdotes). But on the whole, for those of you who couldn't get tickets (it sold out in three minutes), you didn't miss as much as you might think.

Another weekend, another out-of-town excursion. In a few hours, we're heading back up to the Big Apple, to attend events at the New Yorker Festival. A brief description of the Festival, from its website:

The New Yorker Festival returns for its seventh year, from October 6th through October 8th, in a celebratory weekend of public discourse on arts and ideas. The three-day schedule of events encompasses readings, musical performances, interviews, debates, and excursions around New York City.

If you happen to be attending the Festival too, please come up and say hello. We'll be at these events:

1. Fiction Into Film

2. TV, Movies, and the Mob

3. The Honorable Stephen G. Breyer and Jeffrey Toobin

4. Master Class in Criticism: Hilton Als and Anthony Lane

5. Jon Stewart Interviewed by David Remnick

We're especially looking forward to the appearance of Justice Stephen G. Breyer, whom we've never seen up close and personal.* Justice Breyer will be interviewed by Jeffrey Toobin -- who, for obvious reasons, is one of our favorite legal journalists (or writers of any type, period). Last year we attended Jeff Toobin's interview of Edie Falco, which was nothing short of brilliant -- one of the best live interviews we've ever attended (and we've attended many over the years; we're interview junkies).

Our excitement about seeing Justice Breyer has only increased since we realized, earlier today, that he looks like an older version of one of our favorite screenwriters and actors: the phenomentally talented, unfailingly hilarious Mike White, who wrote and acted in Chuck & Buck, The Good Girl, and The School of Rock (among many other films).**

Check it out. Here's the ocular proof:

* We've seen all of the justices from across the SCOTUS courtroom, at oral argument (including the late Chief Justice Rehnquist and retired Justice O'Connor). But in terms of actual, formal introductions -- of the handshake-and-name-exchange type -- we've met only Justices Scalia, Thomas, and Alito.

** Chuck&Buck is one of our favorite movies of all time. We have a weakness for films focused on obsession and insanity. E.g., All About Eve, The Piano Teacher, Fatal Attraction, Monster.

The New Yorker Festival [official website]
Mike White biography [Yahoo! Movies]
Mike White I [IMDb]

Celebrity sighting columns are a staple of gossip magazines and gossip blogs. E.g., Gawker Stalker, Wonk'd, Judicial Sightations. So, in this spirit, we proudly present The Eyes of the Law -- your source for all the legal celebrity sightings that are fit to print (and a few that aren't).

Since we don't get out that much -- we get an electrical shock if we stray ten feet from our keyboard -- we need your help. We'll need you to make the sightings and submit them to us, by email (subject line: "Sighting"). Then we'll publish them on the internet, for all the world to enjoy. (We've already received a few; keep 'em coming!)

A few tips and guidelines to help you in your celeb-spotting:

(1) When you make a sighting, please be as observant as possible. How was the person looking -- hot, or not? What were they wearing? What kind of mood were they in? Were they alone, or with others?

(2) On a related note, digital photographs to support your sighting are especially welcome. A thousand words, etc.

(3) A true "sighting" requires seeing the personality outside of their natural habitat -- and preferably doing something that one might not expect them to be doing. So sightings of federal judges in courthouses and law school deans in the halls of their schools don't count. But we welcome sightings of judges or deans at, say, a baseball game -- or, better yet, a nudie bar.

Here are the types of people who qualify as sighting subjects in our book:

(1) any federal judge (but we're talking Article III here -- no bankruptcy or magistrate judges, ick);

(2) any member of a state's highest court;

(3) a state court judge from a lower court, but only if they're notorious for doing the kinds of things that state court judges are known for doing (e.g., using a penis pump on the bench, facilitating the escape of a violent felon, etc.);

(4) famous practicing lawyers, like David Boies, Ted Olson, Mark Geragos, or Ben Brafman (if you have to explain who they are, they're not famous);

(5) prominent law school deans, like current Yale dean Harold Koh, current Harvard dean Elena Kagan, and former Stanford dean Kathleen Sullivan;

(6) well-known law professors, like Laurence Tribe, Lawrence Lessig, Lani Guinier, or Anita Hill (no, your first-year legal writing instructor doesn't count); and

(7) law-related television personalities, like Judge Judy Sheindlin, Nancy Grace, or Jeffrey Toobin.

This list is not exhaustive; we may have overlooked certain categories of legal eagles that we'd like you to spot. But it gives you a good idea of the kinds of people we're interested in.

So enough idle chatter; get to it. Rustle up some juicy sightings, and submit them to us forthwith, by email. Much thanks!