Non-Sequiturs

  • Semi automatic handgun and pistol cartridges

    Non-Sequiturs

    Non-Sequiturs: 06.12.15

    * Judge James Bascue, formerly of the Los Angeles Superior Court, was arrested after an armed standoff with police. [LA Daily News]

    * In the same vein as Elie’s piece on the financial costs of leaving the law, here’s a talk about the status hit you take leaving your profession. [Escape the City]

    * Is it possible for law school to be a breeding ground for social justice warriors? [Law at the Margins]

    * Could Gawker media be the biggest victory of Hulk Hogan’s career? [Capital New York]

    * The Supreme Court agreed to hear Shapiro v. Mack, regarding the proper role of three-judge district courts, which is a much bigger deal than it might seem. [Constitutional Accountability Center]

    * He’s been trying to get you to pay attention to the importance of knowing your client for years. Maybe some out-of-context cheesecake will help. [What About Clients?]

    * Today is Loving Day — the 45th anniversary of Loving v. Virginia — the day when the entire country laments the erosion of states’ rights… or something like that. [Slate]

    14 Comments / / Jun 12, 2015 at 4:55 PM
  • 640px-President_Barack_Obama-300x374

    Non-Sequiturs

    Non-Sequiturs: 06.11.15

    * More whining about President Obama opining on Supreme Court cases while the justices “deliberate” — as though anyone’s opinion is up in the air. Apparently presidents have rarely done this. Fun fact: cynical lawyers have rarely gotten to the Supreme Court to attack a president’s landmark legislation on a tortured textual reading, but here we are. [The Volokh Conspiracy / Washington Post]

    * It’s like the Hangover. Except in prison. With more drugs. [Legal Juice]

    * Hey, remember when Jeb Bush got behind a law that required rape victims to publish their sexual histories in the newspaper until the law was shot down by the courts two years later? Good times. [Salon]

    * The Right proclaims Jeb Bush really doesn’t believe in publicly shaming women for having sex. Hm. See item 3 supra. [Legal Insurrection]

    * Wow. The Senate actually passed something. It’s a resolution hailing the 13th, 14th, and 15th Amendments. Is it a sign of my cynicism that I’m shocked even that got approved? [Constitutional Accountability Center]

    * Why the rationale of Roe doesn’t really matter. [Lawyers, Guns & Money]

    * Fourth Circuit panel snipes at each other over whether to call out overzealous prosecutors. It got so bad they actually sealed the opinion. [Maryland Appellate Blog]

    * Derek Khanna has a new report on patent reform written with Lincoln Labs. The fundamental premise: patents are not encouraging innovation any more. [Lincoln Labs]

    * Watchdog is reporting that Kroll Associates conveniently overlooked dozens of terrible LSAT scores in its report on University of Texas admission standards. It bears repeating: just how dumb must Abigail Fisher be to not get into this school? [Watchdog]

    * A short memoir about suing The Grateful Dead. [The Faculty Lounge]

    14 Comments / / Jun 11, 2015 at 5:29 PM
  • handgun with bullets

    Non-Sequiturs

    Non-Sequiturs: 06.10.15

    * The “hiring a hit man” thing seems to be all the rage. Now a law student allegedly gets in on the action. [Legal Cheek]

    * A lesson in how to get sued by your employees. [Lowering the Bar]

    * The perfect civ pro exam all in one case. [PrawfsBlawg]

    * Are old lawyers bad lawyers? [Law and More]

    * “Prosecutor seeks judge’s removal for allegedly interfering with intern’s drunken-driving arrest.” Go on… [ABA Journal]

    * On June 23rd in Indianapolis, come hear David and Judge Tinder talk about judging, clerking, and ethics — and get CLE credit too. [Indiana Law Blog]

    7 Comments / / Jun 10, 2015 at 5:30 PM
  • John,_Magna_Carta

    Non-Sequiturs

    Non-Sequiturs: 06.09.15

    * It’s the 800th Anniversary of the Magna Carta. Have you ever read it? Because it includes some stereotypically troubling thoughts on Jews. [St. Louis Post-Dispatch]

    * The lawyer from the Lady Chatterley’s Lover obscenity trial is 100 years old. So… take that, “clean living.” [Daily Mail]

    * Tennessee Law Review hosted a Third Amendment Symposium. Professor Reynolds waxes philosophic on whether the Third Amendment might limit government intrusiveness into domestic affairs in areas as diverse as computer spyware, “affirmative consent” laws, and childrearing. Sounds like one of them pinko commie “non-Originalist” readings to me. [Instapundit]

    * In a sign of the times, there’s a new information service providing analysis of critical legal issues related to cybersecurity, data protection, and data privacy challenges. But since most lawyers still think “banning personal email” is the height of cybersecurity, it may be a bit advanced for you. [The Cybersecurity Law Report]

    * Davis Polk associate Elyssa Friedland has a new book titled Love and Miss Communication (affiliate link) about a Biglaw associate fired for sending too many personal emails at work. As we just wrote before, that won’t be a problem at a lot of firms anymore. [Amazon]

    * We talked about lawyers meditating, so now let’s talk about lawyers and taijiquan. [Katz Justice]

    * Kudos to Lucosky Brookman LLP for raising over $155,000 for Save a Child’s Heart with its Second Annual Charity Golf Outing. [Lucosky Brookman LLP]

    * Richard Hsu chats with Mark Lemley, Stanford Law professor and founder of Lex Machina, about playing video games. Something we understand here at ATL. [Hsu Untied]

    8 Comments / / Jun 9, 2015 at 5:31 PM
  • Alcohol

    Non-Sequiturs

    Non-Sequiturs: 06.08.15

    * There’s a lot of constitutional law about booze. [PrawfsBlawg]

    * Republicans try to play some word games on the Affordable Care Act and get straight-up lawyered. Or as The New Republic described the exchange: a “succinct, pithy demolition.” [MSNBC]

    * Oscar Pistorius could be headed home on parole in the next couple of months. Time to get back in that dating pool. [CNN]

    * Don’t bring your mom to court. [Lowering the Bar]

    * Here’s an interesting company at the juncture of law and technology — 3D printing demonstrative exhibits for trial. [3D Printed Evidence]

    * Randy Spencer interviews American Pharoah [Coverage Opinions]

    * An interesting question from a lawyer doing his part to help the homeless: if a person can’t get online, how do they even look for a job anyway? [What About Clients?]

    * A new novella from Jessica Pishko called A Trial for Grace (affiliate link) about a fallen, high-flying NYC attorney working a death penalty trial in North Carolina. [Amazon]

    * Consent explained with tea. [Vimeo]

    https://vimeo.com/126553913

    14 Comments / / Jun 8, 2015 at 4:57 PM
  • via Flickr user jeffreyw

    Non-Sequiturs

    Non-Sequiturs: 06.05.15

    * Cue the Subway song: 130 Million. 130 Million Dollar. 130 Million Dollar Sandwich! [Law360]

    * Lawyers who denigrate jury duty become inmates who denigrate jury duty. [Las Vegas Review-Journal]

    * Vox gets into the business of opining on law school. It takes a decidedly more enlightened approach than Slate. [Vox]

    * After arresting a guy for crack possession and figuring out it was really “cracker crumbs,” the cops charged the guy with obstruction because admitting you’re wrong is so passé. Thankfully the cooler heads of the judicial system prevailed and the guy is getting a $35,000 settlement for his troubles. Did he have Wheat Thins? Because I’m pretty sure those are crack. [NJ.com]

    * Oil heir Al Hill III, whom we’ve previously described as, “by most accounts, the epitome of the spoiled rich kid you desperately want to punch,” owes his lawyers some money. Like $40.9 million worth. [Texas Lawyer]

    * Crowdsourcing: Is this racist? Personally, I think no if specifically intended as a parody, but we’ll see. [What About Clients?]

    * On Tuesday, June 23, David and Seventh Circuit Judge John Tinder will be discussing “Judging, Clerking, Ethics, and Ambition” in the context of Supreme Ambitions (affiliate link) at the Conrad Indianapolis at 50 West Washington. So, you know, swipe right if you’re excited about seeing Judge Tinder. Full details at the link.
    [Federalist Society]

    8 Comments / / Jun 5, 2015 at 5:01 PM
  • Juan Monteverde and Alexandra Marchuk

    Non-Sequiturs

    Non-Sequiturs: 06.04.15

    * New developments in everyone’s favorite soap opera of a case: Faruqi & Faruqi LLP is cross-appealing the $140,000 judgment in favor of former associate Alexandra Marchuk. [Law360]

    * Whoa. There’s one SEC Commissioner actually doing her job! So retro. Stay strong, Commissioner Stein. [Guile Is Good]

    * Congress is working on a bill to prevent companies from foisting non-compete clauses on employees making less than $31,200/year. But, but, then someone else might learn the important trade secret of the Colonel’s 11 secret herbs and spices! [Lawyers, Guns & Money]

    * Senior and junior lawyers speak a different language. This article comes to us from the U.K., but the sentiment is universal, even if the phrase “bugger off” isn’t. [Legal Cheek]

    * Prosecutor called Asian Americans “greedy foreigners.” That goes over about as well as you’d expect. [Angry Asian Man]

    * David spoke with the Legal Talk Network about “the importance of friendship and family and the psyche of young lawyers who often compromise personal relationships for career ambitions.” If you guessed they were discussing Supreme Ambitions (affiliate link), then you’re right. [Legal Talk Network]

    * Where are LL.M.s valuable? [LLM-Guide]

    * Lawyer sues EFF for calling his patent stupid. We here at Above the Law would like to reiterate that this patent is brilliant and probably the most Earth-shattering invention since the light bulb. [Corporate Counsel]

    * Maybe legalizing drugs doesn’t solve all the violence. [Seattle Times]

    3 Comments / / Jun 4, 2015 at 5:11 PM
  • Facebook_like_thumb

    Non-Sequiturs

    Non-Sequiturs: 06.03.15

    * A social media guide for lawyers. Time to get on Woo Woo! [Associates Mind]

    * The growing ranks of Biglaw househusbands. [The Careerist / The American Lawyer]

    * Swordsmith sued by hotel chain over allegedly fraudulent gift cards. Swordsmith is still a thing? [Slate]

    * After a lawsuit highlighted the deplorable conditions facing the Buffalo Bills cheerleaders, the state legislature is stepping up with a cheerleader protection bill. On a completely unrelated note, I remind you that Isiah Thomas runs a professional sports team in the state of New York. [Politics on the Hudson]

    * Before you clear your browser history, take note that you may be obstructing justice. [The Nation]

    * A lawyer is suing Avvo to uncover the author of an anonymous negative review. [Tampa Bay Times]

    * “We don’t need fewer lawyers. We need cheaper ones.” And that all starts with cheaper law schools. [Washington Post]

    * If you want to build a professional brand, you probably should keep your trap shut. [Law and More]

    10 Comments / / Jun 3, 2015 at 5:03 PM
  • Sepp Blatter (photo via Agência Brasil)

    Non-Sequiturs

    Non-Sequiturs: 06.02.15

    * Just days after a hard-fought reelection campaign, Sepp Blatter is resigning his post as President of FIFA. I wonder whose indictment is coming out next… [The Guardian]

    * The ABA is going to investigate the much-maligned Charleston School of Law. [SC Lawyers Weekly]

    * If you fancy yourself a trivia master — or just want some free drinks and food — sign up for ATL’s Summer Trivia Showdown. Use the code “PLComp” to get in for free. [Above the Law]

    * A New Jersey judge gagged the Bergen Dispatch, leading to this incisive response from the paper and the judge quietly vacating her own order. As Walter Sobchak taught us, “The Supreme Court has roundly rejected prior restraint.” [Boing Boing]

    * Not to diminish the serious electoral problems of the U.S., but check out how out of whack representation is in the United Kingdom. [Lawyers, Guns & Money]

    * If you’re seeking a prosanity fix, a parent filed a federal lawsuit against local, state and federal education officials contending that the theory of evolution is functionally a religion and therefore teaching it is a violation of his kid’s rights. [Charleston Daily Mail]

    * Seyfarth Shaw’s Stephen Poor explains why he joined Twitter. He talks about innovation and leadership, but it was all about following @aplusk. [Bloomberg BNA / Big Law Business]

    10 Comments / / Jun 2, 2015 at 4:57 PM
  • (Photo by Chip Somodevilla/Getty Images)

    Non-Sequiturs

    Non-Sequiturs: 06.01.15

    * The “Stepford Hipsters” of Abercrombie & Fitch have to make reasonable accommodations for employees wearing hijabs. [ATL Redline]

    * The EPA is seeking comment to a proposal to limit the pesticide exposure of bees, yeah… I am sure a few labels will stop the coming global agricultural disaster that colony collapse portends. [JD Supra]

    * David Boies is leading a legal all-star team fighting the construction of a new Warriors Arena, guess BSF will be rooting for the Cavs. [San Francisco Business Times]

    * We love a dash of dry humor buried in an answer — classic rockers Led Zeppelin admit to being one of the “greatest bands in history,” deny other allegations. [Lowering the Bar]

    * On the rarity of Mark Fuller resigning from the federal judiciary — it is about a once-in-every-ten-years kind of an event. [Legal Schnauzer]

    * Creating laws to keep up with advancements in artificial intelligence is bound to be… complicated. [Legal Theory Blog]

    * Judge Alex Kozinski gets testy in a dissent, calling the result (denying insurance coverage for sunken oil barrels before they started actually leaking) “absurd.” [Trial Insider]

    15 Comments / / Jun 1, 2015 at 4:58 PM
  • sexy anonymous lawyer LF

    Non-Sequiturs

    Non-Sequiturs: 05.29.15

    * Out-of-state mistress had insufficient contacts with the state for wife’s alienation of affection tort. Hos in different area codes: it’s not a saying, it’s a legal doctrine. [Legal Profession Blog]

    * The Orange County D.A.’s office took withholding evidence to a whole new level. Actually, probably more frightening, this behavior probably isn’t all that uncommon. [Slate]

    * Lawyer making six figures lectures law school grads about how they need to take public service jobs. [The Legal Watchdog]

    * Prince Harry’s ex has left Allen & Overy. What’s the next career move for Chelsy Davy? DJ. Rich people make the best life decisions. [Legal Cheek]

    * All the ways that FIFA allegedly hid bribes. When it comes to hiding, I thought soccer would never top an NBCSN contract. [Screamer / Deadspin]

    * The Dersh talks about becoming a great litigator and discusses where his current legal battle stands. [In the Benches]

    * Why fight in court if the courts are so unfair? [Katz Justice]

    * On Tuesday, the Intelligence Squared debate series will tackle marriage equality, debating whether the Equal Protection clause requires states to issue same-sex marriage licenses. There are still tickets available if you wish to attend. [Intelligence Squared]

    * What will life look like after Earth’s next mass extinction event? And will they need lawyers? [What About Clients?]

    4 Comments / / May 29, 2015 at 4:57 PM
  • OMAHA -- June 4, 2014.

    Non-Sequiturs

    Non-Sequiturs: 05.28.15

    * Nebraska banned the death penalty. Does this signal a new conservative opposition to the practice? Well, is there a way this can make private prison lobbyists more money? Because then, yes. [FiveThirtyEight]

    * The best way to sway a Supreme Court justice? Represent clients that the justices have financial stakes in. [Fix the Court]

    * Pharmaceutical companies are peeved that lawyers are using Facebook to identify class action plaintiffs. Why aren’t people content to suffer grievous injury for the sake of profits anymore? [Bloomberg Business]

    * Now you can know for sure if your job will be replaced by a robot. Good news, lawyers! Unfortunately, I don’t think this thing’s taking into account document reviewers. [Postgrad Problems]

    * Jawbone is accusing Fitbit of poaching workers to steal its technology. Ten points to the tipster for the line: “Think this will all work out?” [Slate]

    * Two Biglaw partners from rival firms have joined forces on a new challenge Native American adoption rules. It helps that they’re married to each other. [National Law Journal]

    * An interesting perspective: “innovation” is more than technology, and it starts with debt relief. [Rawr]

    * A former state senate candidate charged with witness tampering. At least he’s got experience with the system — his dad’s political career ended in a hail of guilty pleas too. [Nashoba Publishing]

    * Brace yourselves for a shocker, but Biglaw is failing women. [The American Lawyer]

    * David Gans on the upcoming “one person, one vote” claim. The proposition at issue, that representation is based on “voters” not “persons,” is so laughably unconstitutional the Court is clearly just trolling us at this point. I mean, putting aside the horrible racism, isn’t the 3/5ths compromise pretty compelling evidence that the Founders meant to count people who didn’t vote? [Constitutional Accountability Center]

    15 Comments / / May 28, 2015 at 5:31 PM
  • Justice Ruth Bader Ginsburg

    Non-Sequiturs

    Non-Sequiturs: 05.27.15

    * You down with R.B.G.? Yeah, you know me! Alabama Chief Justice Roy Moore wants SCOTUS Justices Ruth Bader Ginsburg and Elena Kagan to be impeached for having performed same-sex marriage ceremonies. Haters gonna hate. [Huffington Post]

    * Here’s a jury duty chart of those you’ll be forced to sit next to, from the “idiot who treats the Jury Foreman selection like a presidential campaign” to the “elderly woman who compares everything to an episode of ‘Matlock’ she once saw.” [Mandatory]

    * It turns out that the state trooper who failed to do anything about Josh Duggar’s criminal sexual activity with a minor and allowed the statute of limitations to run had a penchant for child porn. According to court records, this guy is… pretty damn disgusting. [Jezebel]

    * “May I please have some of that money you’ve got under the counter there, miss?” Are you really robbing a bank if you acted like a Boy Scout, asked nicely for money, and then received it — to the tune of $28,000? Kevin Underhill doesn’t think so. [Lowering the Bar]

    * If you’ve never seen a Dealbreaker dramatic reading before, then here’s your sneak peek. Watch “the greatest intern Wall Street has ever seen” invite everyone and their mother to a party via company email, and then fail in the most epic sense of the word. [Dealbreaker]

    20 Comments / / May 27, 2015 at 5:04 PM
  • Dewey LeBoeuf new sign New York

    Non-Sequiturs

    Non-Sequiturs: 05.26.15

    * A divided Fifth Circuit panel delivered bad news for President Obama on immigration today. [How Appealing]

    * Want to track the Dewey & LeBoeuf criminal case in real time? Dewey have a resource for you: the liveblog of Law360. [Law360]

    * Benchslap of the Day (from Judge Beth Bloom): “A rose by any other name may smell as sweet…. People, not so much.” [Southern District of Florida]

    * Another must-read graduation speech: at Seton Hall, outgoing dean Pat Hobbs surprised each graduate with a gift package: a McDonald’s happy meal gift card, a Mega Millions lottery ticket, and a quarter for calling him if times get tough. (For other graduation gift ideas, see our ATL gift guide.) [Seton Hall Law School]

    * Why lawyers shouldn’t take the “kitchen sink” approach to their clients’ affirmative defenses. [Angry Asian Man]

    * Is San Mateo District Attorney Steve Wagstaffe going easy on a sheriff’s deputy accused of wrongdoing? [San Jose Mercury News]

    * Need something to listen to for your next commute or trip to the gym? Check out my chat with Shearman & Sterling partner Richard Hsu about Above the Law, Supreme Ambitions (affiliate link), and more. [Hsu Untied]

    18 Comments / / May 26, 2015 at 5:18 PM
  • 432px-Target_logo.svg

    Non-Sequiturs

    Non-Sequiturs: 05.22.15

    Ed. note: Above the Law will not be publishing on Monday, May 25, in observance of the Memorial Day holiday.

    * The settlement deal between Target and Mastercard over the 2013 data breach is dead after failing to garner the requisite issuer support. Proposed settlement: $19 million. Years of protracted litigation: Priceless. [Credit Union Times]

    * High school teacher who admitted she and another teacher had a threesome with a 16-year-old student got off — well, legally — with a slap on the wrist. Folks are starting to wonder if her dad being a sitting district judge had anything to do with that. [Times-Picayune]

    * On a similar note, Mama June of Here Comes Honey Boo Boo… fame? Is she famous? Whatever. The point is Mama June is toying with suing the TLC Network because they canceled her show over a child molester, but haven’t nuked 19 Kids and Counting in the wake of its brewing molestation scandal. When you consider these hit shows starring inbred hillbillies with molestation issues, remember that TLC stands for “The Learning Channel.” [TMZ]

    * Lawmakers pushing back against Governor Cuomo’s proposal to appoint an independent monitor to investigate police-related civilian killings. One skeptical State Senator proclaims, “What I do know is that it treats police officers different than other citizens.” Yes, because right now the police get the same kid gloves grand jury presentations the rest of us do. [Capital New York]

    * Texas prosecuted 115,782 truancies in a year, levying hefty fines and doling out jail time to kids as young as 12. Well hello there prison-industrial complex! [Al Jazeera America]

    * Are the Yankees and A-Rod gearing up for arbitration… or settlement? I don’t know, why wouldn’t you want to put a warm, likeable guy like him in front of a panel? [Concurring Opinions]

    * Judges must be the loneliest people on social media… [The Daily Record]

    * Merely complaining to your boss is enough to trigger anti-retaliation provisions according to the Second Circuit. So feel free to call up that partner you hate… [JD Supra]

    21 Comments / / May 22, 2015 at 2:02 PM
  • Preet Bharara

    Non-Sequiturs

    Non-Sequiturs: 05.21.15

    * Preet Bharara is the hottest speaker on the law school graduation circuit. I guess if you can’t get Mindy Kaling… [Business Insider]

    * An octopus is a vertebrate under some statutes. A reminder that law will not bow to your precious “science.” [Lowering the Bar]

    * It’s tempting to feast on the carcass of a collapsing law firm, but partners should take this advice before rushing into a lateral hire. [Big Law Business / Bloomberg BNA ]

    * The importance of not looking like a creep in front of a jury. [What About Clients?]

    * Boy Scouts Prez Robert Gates thinks it’s time that the organization lift its ban on gays. In other news, Robert Gates is the president of the Boy Scouts now? [Minneapolis Star-Tribune]

    * Too often disasters slip out of our consciousness before the problem is truly solved. In that vein, consider donating to Nepal Earthquake relief. [Help Nepal Network]

    * Judge Richard Kopf reviews Mark Herrmann’s book, Inside Straight (affiliate link). [Hercules and the Umpire]

    6 Comments / / May 21, 2015 at 4:59 PM
  • Court Reporting Stenograph

    Non-Sequiturs

    Non-Sequiturs: 05.20.15

    Judge settles sexual harassment case brought against him by his former court reporter; Elizabeth Wurtzel talks about Biglaw inefficiencies; Vermont has banned litigation financing for a year; Crowdfunding police abuse lawsuits…and more.

    10 Comments / / May 20, 2015 at 5:05 PM
  • "Oh, I see! You were just joking about defiling my daughters. How droll."

    Non-Sequiturs

    Non-Sequiturs: 05.19.15

    * Yeah he told a client he’d waive his legal fees “in exchange for a sexual encounter with Client and her daughters” (emphasis added), but you know, he was “just teasing.” [Legal Profession Blog]

    * Hipster lawyers. Seriously. That’s how they market themselves. Their office is even a repurposed factory. They’re in LA now, but you know they’re just dying to move to Portland. [LA Weekly]

    * Are you following these Biglaw managing partners on Twitter? Because LOL totally RT worthy. [Bloomberg BNA / Big Law Business]

    * Three Wisconsin Supreme Court justices skipped out on Marquette’s swearing in ceremony. One more development in the ongoing bats**t insane happenings on that court that previously included “[conservative Justice] Prosser put his hands on the neck of [liberal Justicee] Bradley in front of four of the other justices as they argued about a case.” [Milwaukee Journal Sentinel]

    * I get called out for being clickbaity. But I’m really just indirectly teaching lawyers lessons in marketing they really should learn. [Law and More]

    * What would an interview with Tom Brady about Deflategate look like? [Coverage Opinions]

    * Bloomberg BNA introduced a new corporate law product that’s “set to dramatically change the workflow for transactional lawyers.” [Dewey B. Strategic]

    * President Obama’s immigration executive action should have kicked in today. It didn’t because the Fifth Circuit are a bunch of layabouts. [Constitutional Accountability Center]

    * The Irish same-sex marriage referendum hit a snag when someone realized the Irish language version would probably render heterosexual marriages unconstitutional. If you can’t write a neutral version of the law without encountering this problem… kind of proves a point, doesn’t it? [The Irish Times]

    * R.I.P. Bob Foster, former dean of University of South Carolina School of Law . [The State]

    9 Comments / / May 19, 2015 at 4:59 PM