Larry Thompson

Professors Richard Epstein and John Yoo

* Over the weekend, while I was at the gym, I listened to this engaging and entertaining podcast, with Professors Richard Epstein and John Yoo. They discuss Libya, Obamacare, and — perhaps most interesting for ATL readers — the U.S. News law school rankings (around the 13-minute mark). [Ricochet (subscription); accessible for free for ATL readers over here (mp3)]

* Speaking of law professors and Libya, my friend and former co-clerk, Professor William Birdthistle, is writing an interesting series of posts about his childhood in that now war-torn land. The first appears here. [The Conglomerate]

* Joining the ranks of law professors: former Supreme Court shortlister Larry Thompson, who’s retiring as general counsel of PepsiCo and entering legal academia. [Corporate Counsel]

* Hey Raj Rajaratnam, look on the bright side: at least you’re not Barry Bonds. [Dealbreaker]

* A close and critical look at the PayScale salary data used by Forbes in its recent analysis of law school graduate salaries (as well as its ranking of “best law schools for getting rich”). [Constitutional Daily]

Ken Kratz wins 'The Prize' of no criminal charges.

* A post-mortem for Yoss LLP (formerly known as Adorno & Yoss), the once high-flying Florida law firm. [Daily Business Review (registration) via WSJ Law Blog]

* Former Wisconsin D.A. Ken Kratz, of “I am the prize” fame, won’t face criminal charges. [Milwaukee Journal-Sentinel]

* Good news for same-sex, bi-national married couples confronting immigration issues. [Poliglot / Metro Weekly]

* Adrian Dayton asks: Are referrals still more important than law blogs for developing business? [Marketing Strategy and the Law]

* Blawg Review #304 has a timely theme — “Spooked by Nukes” — as well as some cool photography. [Declarations and Exclusions via Blawg Review]

George J Terwilliger III George Terwilliger Attorney General Above the Law blog.jpgYesterday we opined that Judge Laurence H. Silberman would get the Attorney General nomination. Now we take that back.
After our post, a knowledgeable source informed us that Laurence Silberman isn’t interested in the job. A second source, who confirmed Judge Silberman’s lack of interest, added that he might be tougher to confirm that one might expect for a longtime federal judge. See here.
Then we came across this great analysis of the AG situation, by the ever-fabulous Jan Crawford Greenburg. She writes, over at her blog, Legalities:

The White House could announce as early as Wednesday its nominee to replace Attorney General Alberto Gonzales, and former U.S. Solicitor General Theodore Olson has emerged as a leading candidate—despite initial concerns in the administration that he could face a tough confirmation hearing, according to sources close to the process.

Olson, a highly regarded Washington D.C. lawyer, has broad support inside the administration because of his deep experience in the Justice Department in two different presidential administrations. In addition to serving as solicitor general during President Bush’s first term, Olson headed the Office of Legal Counsel during the Reagan Administration.

This is consistent with what just went up at the Drudge Report:

FLASH: Ted Olson becomes frontrunner for Attorney General, top sources tell DRUDGE REPORT; announcement could be imminent… Developing…

But we’re not so sure. Remember when Edith Brown Clement looked like the frontrunner for the Supreme Court seat vacated by Justice O’Connor? This White House likes surprises.
More discussion, after the jump.

double red triangle arrows Continue reading “Who Will Be the Next AG? We’re Betting On Terwilliger”

Laurence Silberman Judge Laurence H Silberman Laurence Hirsch Silberman Above the Law blog.jpgAs noted in the Washington Post, President Bush is expected to name Alberto Gonzales’s replacement as attorney general in the next few days, after returning from Australia tomorrow. The WaPo seems to be predicting Ted Olson:

[F]ormer solicitor general Theodore B. Olson has emerged as one of the leading contenders for the job, according to sources inside and outside the government who are familiar with White House deliberations.

Other candidates still in the running include former deputy attorney general George J. Terwilliger III and D.C. Circuit Court of Appeals Judge Laurence H. Silberman, according to the sources, who declined to be identified because of the sensitivity of the discussions.

Even though we’re still rooting for our former boss, based on this short list, we’re predicting Judge Laurence Silberman (who previously served as Deputy Attorney General, the #2 job at the Justice Department).
More thoughts, including discussion of George Terwilliger and Larry Thompson, after the jump.

double red triangle arrows Continue reading “Who Will Be the Next AG? We’re Saying Silberman”


The Associated Press (via the Washington Post) reported Tuesday that the short list to replace Alberto Gonzales as AG is the following five names:

Ted Olson
George J. Terwilliger, III
Sen. Orrin Hatch
Larry D. Thompson
Paul D. Clement

Ted Olson seems like a solid, non-controversial choice. Terwilliger would definitely be the most fun name to have as AG. Senator Hatch is an interesting choice, but I’m not sure he’s interested. We took a class from Thompson in Anti-Terrorism and Criminal Procedure at UGA Law, and we liked him well enough. Clement is a logical choice I suppose as the current acting AG.
Here’s hoping that it is one of these guys, and not one of the crazy names being thrown around on Monday, like Michael Chertoff. Let’s try to go with somebody with a history of, I dunno….competence.

Alberto Gonzales 2 Attorney General Alberto R Gonzales Above the Law blog.JPGAttorney General Alberto Gonzales may be slightly more secure in his position these days than in the recent past, when it was looking like “Gonzales” was Spanish for “canned.” But he’s not out of the woods yet — which is why speculation about possible successors continues.
Ben Wittes, writing for TNR Online, has some excellent insights. His overall take:

[B]etween a sinking administration that still demands loyalty above all else and congressional Democrats keen on using their new oversight powers, finding a candidate who satisfies both sides will be hard. The next attorney general must be someone acceptable enough to Democrats not just to get confirmed but to tamp down the fire Gonzales has witlessly set.

But he must also be enough of a conservative to satisfy the White House. And he needs a reputation for probity and moral seriousness sufficient to speak to the public and to Congress with the respect that Gonzales obviously lacks. It’s a tall order–a pinch so tight that it squeezes out almost all of the names being bandied about in public.

Wittes then marches through various possible nominees. Discussion continues, after the jump.

double red triangle arrows Continue reading “Possible Replacements for Alberto Gonzales”