Paul Clement

Morning Docket: 12.27.11

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Paul Clement

* If defending unpopular clients is cool, consider Paul Clement Miles Davis. He’s the lead lawyer in three politically charged cases going up before SCOTUS in the new year. [LA Times]

* Joe Arpaio’s going to have a tough time racially profiling Hispanics in 2012. What’s a man to do without verification powers and the ability to detain people on suspicion alone? [WaPo]

* A summary of the NLJ’s 2011 year in review round-up: all of this was a preview of what’s to come in 2012. And what’s to come? Same sh*t, different docket number. [National Law Journal]

* C&F fail: the California Supreme Court is busy worrying about Stephen Glass, a guy who took his “creative writing” efforts a bit too far. [San Francisco Chronicle]

* The Hollywood actress suing IMDb for revealing her age has to reveal much more thanks to this ruling. She’s got two weeks to amend her complaint to include her name. [The Wrap]

* “Oh my God, the law school has gone crazy.” Don’t blame the messenger, but UVA Law’s headlines on ATL are totally self-inflicted. Here’s Elie’s take on the collar-poppin’ action. [C-VILLE]

* Larry Ribstein, partnership law guru, business law blogger, and Associate Dean for Research at the University of Illinois College Law, RIP. [Truth on the Market]

* Robert Morvillo, New York trial lawyer and white-collar defense pioneer, RIP. [WSJ Law Blog]

* John Lawrence, plaintiff in the landmark LGBT rights case of Lawrence v. Texas, RIP. [NY Times]

23 Comments

Non-Sequiturs: 12.22.11

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Justice Kavanaugh has a nice ring to it.

* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]

* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]

* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]

* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]

* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]

* A riddle from Eric Turkewitz: How is Indiana just like the old Soviet Union? [New York Personal Injury Law Blog]

* An interesting profile (by Peter Lattman) of Albert Foer — father of the three famous Foer brothers, and a celebrated and successful antitrust law crusader. [DealBook / New York Times]

12 Comments

A Portrait of Elena Kagan as a Young Justice

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Justice Elena Kagan

The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):

“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”

That’s just the overview. Let’s delve into the details a bit more….

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Supreme Court To Decide Constitutionality of Obamacare

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The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

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Quote of the Day: Hey, Conservatives Are Nice People Too!

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He has really run the table of conservative causes. Paul is such a good advocate and such a cheerful friend that it’s easy to forget how conservative he is.

– Walter Dellinger, former acting Solicitor General during the Clinton Administration, commenting to the New York Times about Paul Clement, former Solicitor General during the Bush Administration.

16 Comments

Morning Docket: 10.21.11

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* According to Jacoby & Myers, “winning is everything.” And by “winning,” they, of course, mean “settling.” Ten points to Gryffindor Jay Shepherd. [New York Times]

* Ah, DOMA. Like it or not, we’re footing the bill for a law the DOJ won’t touch. This guy wants us to stop putting money in Paul Clement’s pockets. [WSJ Law Blog]

* Cooley Law has filed a motion to dismiss the complaint over its employment statistics. Reasoning? BLAME THE ABA. [National Law Journal]

* “You are a beautiful grave — dead inside.” Be still my heart. What kind of a girl wouldn’t appreciate a love letter like this? A former tax attorney from Winston & Strawn, apparently. [New York Post]

* What happened at yesterday’s hearing on public nudity in the Bay Area? Soon the only buns you’ll see at restaurants in San Francisco will be on the table. [San Francisco Chronicle]

9 Comments

A Preview of the Upcoming Supreme Court Term

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We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.

With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:

What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?

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Non-Sequiturs: 06.16.11

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* “I doubt this is constitutional, but let’s just do it.” Sounds like business as usual down in the Senate as to plans to extend the FBI Director’s term. [Blog of Legal Times]

* Are we really still talking about desegregating schools in Arkansas? I can’t even believe that this is a serious proposition. [WSJ Law Blog]

* This is what happens when lawyers from Yale stop being polite, and start getting real. What good can come from Kentucky or North Dakota? [PrawfsBlog]

* Ladies, should you take a new job while pregnant? To me, that’s kind of like asking, “Should I go bungee jumping while pregnant?” Not a good idea. [Corporette]

* Apparently, there’s some debate as to which city will be the next world capital of law. And no, it probably isn’t going to be one of these outsourcing cities. [Law21]

* Kash, of course it’s bad for America that Weiner is resigning. We don’t get to see any more big, kosher pickles. [The Not-So Private Parts / Forbes]

* Summer associates, please take note. Do not send emails to colleagues about wild, underage ragers like this JP Morgan intern did. You will look like a complete tool. [Dealbreaker]

* Leave it to Paul Clement to get this lady off with a 9-0 decision. It turns out she wasn’t a terrorist, just a little kooky. [CNN Justice]

* Bob Tennant of Recommind tells patent critics (and competitors) a thing or two about prior art and automated discovery. [Recommind]

15 Comments

Non-Sequiturs: 06.10.11

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Paul Bergrin

* New York magazine is on a roll: first the buzz-generating Paper Tigers piece, then the big Anna Nicole Smith story, and now this great profile of Paul Bergrin, “The Baddest Lawyer in the History of Jersey.” [New York Magazine]

* When Elie read Megan McArdle’s response to his debt story, he screamed, “I said I PAID my federal loans!” I told him the screen couldn’t hear him but he kept right on screaming. [The Atlantic]

* A few highlights from the Sarah Palin email dump. [Wonkette]

* A lap dance might get a rise out of a recipient, but it doesn’t rise to the level of art, according to a New York state appellate court. [Albany Times-Union]

* The new home of Paul Clement — Bancroft PLLC, founded by Viet Dinh — has become D.C.’s “it” firm with respect to conservative causes. Where does it get its name? [Bloomberg BusinessWeek]

* Speaking of the former Solicitor General, here’s his substantive defense of the Defense of Marriage Act (via Chris Geidner). Check it out — there’s a link to his brief — and see what you think. [Poliglot / Metro Weekly]

* Speaking of gay marriage, here’s an interesting legal issue, involving foster care and adoption, same-sex couples, and religious freedom. [Peoria Journal Star]

* An update on Aaron Biber, prominent law firm partner turned convicted pedophile. [Minnesota Lawyer]

25 Comments

Morning Docket: 05.05.11

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Kid who didn't do as well as his parents.

* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]

* Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are fit to print. [The Virginian-Pilot]

* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]

* I don’t want to intrude on Lat’s beat here, but Ponzi schemer Scott Rothstein’s pad sounds pretty nice. Bet it even has a foyer, whatever the hell that is. [WSJ Law Blog]

* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]

* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]

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