This past Wednesday, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit delivered the Madison Lecture on Judicial Engagement at Columbia Law School. The lecture series, sponsored by the CLS chapter of the Federalist Society, brings distinguished jurists to Columbia to discuss topics relevant to the federal judiciary and the administration of justice.
(Perhaps we should put “at” Columbia Law in quotation marks; Judge Posner actually appeared via video conference. That shouldn’t surprise, coming from a judge who lists The Matrix as one of his favorite films.)
In his talk, entitled “How I Interpret Statutes and the Constitution,” Judge Posner was his usual candid self. He offered commentary on two recent books about statutory and constitutional interpretation — books that he’s not a fan of.
[T]he dislike [for legal academics] is a result of law professors being too much in the world. You see, law professors — and I should disclose here that I am one — very nearly run the world, or at least certain parts of the U.S. government. When you include Justice Anthony Kennedy, who taught nights, they make up the majority of the Supreme Court.
That’s very impressive support. Off the top of my head, I don’t think I’ve ever seen anything quite like it. Washington is a small place, and informal channels will generally get word back to the relevant folks in the Senate without a public letter…. But the fact that so many conservative former clerks publicly support [Alison] Nathan’s nomination [to the S.D.N.Y.] is quite impressive.
– Professor Orin Kerr, commenting on a letter signed by 27 former Supreme Court clerks in support of the nomination of Alison J. Nathan, a former law clerk to Justice John Paul Stevens who has been nominated to a judgeship on the Southern District of New York.
First of all, Happy Chanukah. May your candles burn bright.
It is certainly possible that some lowly internet hacker was trying to take advantage of some holiday compassion when he or she hacked the email of Harvard Law School Professor Charles Nesson. Nesson is a well-known figure in “internet and the law” circles — as well as to readers of A Civil Action, who know him as “Billion Dollar Charlie” — but today he’s just another victim of a phishing attack. An email went out to the HLS community this morning claiming that Nesson was stuck in the U.K. and in desperate need of money.
We can’t be sure if Nesson will be able to find and bring charges against the hacker, but let’s hope that if he does he isn’t forced to rely on HLS students for legal advice…
Anna Nicole Smith: her candle burned out long before her legend ever did. And the great beauty’s legend continues to grow, over three years after her untimely death in February 2007, as litigation involving her estate contributes to the development of a rich body of law regarding bankruptcy and probate law — in a tribunal no less distinguished than the Supreme Court of the United States.
The Supreme Court agreed Tuesday to hear an appeal from the estate of Anna Nicole Smith, the late Playboy model and TV reality-show star, in the decades-old dispute over an inheritance from her tycoon husband.
The action, involving a sensational set of characters in an otherwise dry case at the intersection of probate and bankruptcy law, came on a day of varied court business that included acceptance of 14 new cases for the 2010-2011 term that officially begins Monday.
Sounds scintillating. Let’s get all up in Anna Nicole’s business, shall we?
A few weeks ago, we were emailing with one of our sources about an interesting fact we noticed, based on Above the Law’s real-time coverage of Supreme Court clerk hiring. The fact: thus far, Justice John Paul Stevens has hired just one law clerk for October Term 2010 (Sam Erman (Michigan 2007 / Garland)).
We didn’t write about it at the time, because OT 2010 is still a year away, and it seemed a bit speculative to make much of it so far in advance. But others noticed this fact too — and were faster on the trigger about it. Like the AP:
Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.
If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.
Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court….
Indeed. We started the speculation about Justice Souter’s retirement back in April 2009, over at Underneath Their Robes, based in part on his lack of law clerk hiring (and based in part on a sighting of him with Senator Pat Leahy).
But back to Justice Stevens:
In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now. Information about this advance hiring is not released by the court but is regularly published by some legal blogs.
Cough cough — like Above the Law?
Commentary from expert observers, plus a reader poll, after the jump.
* It’s hard to believe this car was parked in Brooklyn, of all places. [Althouse]
* The law school hiring process privileges glibness — and is that a bad thing? Law professors are hired (1) to train lawyers, of all people, and (2) to write articles that sound like they’re saying a lot, even when they’re not. Glibness would seem to be a BFOQ. [PrawfsBlawg]
* Once our Surgeon General starts getting on our case about drinking, it’s time to leave the country. But don’t move to the U.K. [Charon QC: The Blawg]
* Speaking of emigration, Tonga says: “Give us your tired, your poor, your disgraced and disbarred lawyers, yearning to breathe free.” [Blogonaut]
* Good news, Pennsylvanians. According to Professor Orin Kerr, “you can scream at your overflowing john all you want without violating the state’s disorderly conduct offense.” [Volokh Conspiracy]
* Martindale-Hubbell ratings: Pay to play? We find them less useful than they might otherwise be because so many lawyers aren’t rated. Will charging a fee for inclusion exacerbate the problem? [Real Lawyers Have Blogs; HireTrade Blog]
* Thoughts on the Eighth Circuit fantasy baseball ruling (mentioned in Morning Docket), from Professor Neil Richards. [Concurring Opinions]
* Dionne Warwick is a tax deadbeat? Say it ain’t so! [TaxProf Blog]
* Have a favorite New York blawg / blawger? Vote for them here. [Sui Generis]
Watch to find out what some of our subscribers received in their May box!
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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