* Solitary confinement, cruel and unusual? Cruel, perhaps, but not that unusual. [St. Petersburg Times via How Appealing]
* Florida and California decide to take a little break on the whole lethal injection thing. [CNN]
* New Jersey Legislature does what New Jersey’s Supreme Court told them to. [FindLaw]
* Mariah Carey is concerned that people might be confused and think that she is someone who uses sex to make money….oh, wait a minute… [FOX News]
* Global warming is such a nuisance. [Jurist]
Politics
- Cars, Celebrities, Death Penalty, Environment / Environmental Law, Gay Marriage, Morning Docket, Music, New Jersey, Politics, Porn Names, Prisons, Sentencing Law, Trademarks
Morning Docket: 12.18.06
By Billy Merck
Because of Bonusmania, we’ve fallen behind a little in Legal Eagle Wedding Watch. In this post, we discuss lawyer weddings from the weekend of December 2-3.
The most high-profile wedding that week was between media heiress Anne Hearst, sister of Patty Hearst, and novelist Jay McInerney (announcement here). But there were also three marriages involving attorneys:
1. Rebecca Benjamin, Joshua Rikon
Our scores and commentary, after the jump.
Continue reading “Legal Eagle Wedding Watch: December 3, 2006″
- Antonin Scalia, Deaths, Duke Lacrosse Team Rape Case, Eavesdropping / Wiretapping, Federal Judges, HP, Larry Sonsini, Money, Morning Docket, Murder, Politics, State Judges, Wilson Sonsini
Morning Docket: 12.15.06
By B Clerker* Justice Scalia on judicial paychecks. [Associated Press]
And meanwhile…
* “It was just a matter of time before well-heeled business and other interests would expand their influence-peddling efforts, and begin pouring large amounts of money into previously sleepy judicial campaigns.” [TimesSelect (pass-through link) via How Appealing]
* No more melting coins for the value of the metals. [ABC]
* Natalee Holloway’s family files wrongful death suit in Aruba. [MSNBC]
* “Accuser in Duke lacrosse case about to give birth.” [SI.com]
* HP board terminates advisory relationship with Silicon Valley superlawyer Larry Sonsini. [New York Times via Dealbreaker; WSJ Law Blog]
We were wrong in predicting that Senator Orrin Hatch (R-UT) would be stepping down from the Judiciary Committee. (And we were not alone in making this mistake.)
Earlier this week, we had heard rumors that various deals had unraveled — Senate committee assignments are a complex, delicate ecosystem — and that Hatch might actually be sticking around Judiciary. Now that news is official.
The other members of the committee: Specter (ranking member), Grassley, Kyl, Sessions, Graham, Cornyn, Brownback, and Coburn. It’s the same line-up as in the 109th Congress, except without Mike DeWine (who lost his reelection bid).
We’ll miss Senator DeWine. But he has earned a place in history, as the erstwhile employer of Jessica Cutler, aka Washingtonienne.
McConnell Announces Republican Committee Assignments [Senator Mitch McConnell via How Appealing]
Earmaking Kansas [American Spectator]
Assessing Roberts’ re-election prospects [Lawrence Journal-World, Lawrence, KS]
Earlier: Senator Hatch Is Leaving Judiciary
- 7th Circuit, ACLU, Cars, Conspiracy Theories, Crime, Deaths, Immigration, Morning Docket, Politics, S.D.N.Y., Sex, Tax Law, Videos
Morning Docket: 12.14.06
By B Clerker* The feds and the ACLU wrangle over a classified document. Is such use of the grand jury subpoena creative, or improper? [New York Times]
* A Swift (& Co.) crackdown: federal raids on meatpacking plants in six states result in over 1,200 arrests on immigration charges. [Associated Press]
* MoveOn and those Swift Boat Veterans get fined. [New York Times]
* “Seventh Circuit reinstates claim asserting that … members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery.” [How Appealing]
* Girls Gone Wild guy gets community service for filming underage women. [MSNBC]
* “College Student Gets Mother-in-Law to Co-Sign $10,000 Loan to Buy Apple Computer, Has $7,800 DOI Income When He Repays Only $2,200 After Taking High-Paying Job at Microsoft.” [TaxProf Blog]
* A British police inquiry rejects conspiracy theories concerning the death of Princess Diana, concluding that the 1997 car crash was a “tragic accident.” [Associated Press]
* Does anyone know if “ABV D LAW” is taken? [WSJ Law Blog]
- Blogging, Books, Charles Fried, Constitutional Law, Free Speech, Gay Marriage, Neal Katyal, Politics, SCOTUS, Sentencing Law, Stephen Breyer, Supreme Court
The Breyer-Fried Discussion: Some Highlights (Part 2)
By David Lat
This is a continuation of our prior post about an event we recently attended at Georgetown Law School, “On Liberty: A conversation between Justice Stephen Breyer and Professor Charles Fried.” For more background about the event, click here.
For the conclusion to our write-up, keep on reading. We bring you a “true confession” from Justice Breyer, as well as Professor Fried’s interesting views on gay marriage.
(Before returning to Harvard Law School, Professor Fried was a justice on the Supreme Judicial Court of Massachusetts, the state’s highest court. But he was back in academia when they decided the gay marriage case, Goodridge v. Department of Public Health.)
Our coverage continues, after the jump.
Continue reading “The Breyer-Fried Discussion: Some Highlights (Part 2)”
- 9th Circuit, Crime, Drinking, Enron, Football, Holidays and Seasons, Jeffrey Skilling, Jews, Morning Docket, Politics, Religion, SCOTUS, Supreme Court
Morning Docket: 12.12.06
By B Clerker* A unanimous Supreme Court overturns a Ninth Circuit ruling in a criminal (habeas) case. In other news, this morning the sun rose from the east. [New York Times; Washington Post]
* Enron’s Jeff Skilling may get to pass “Go” on his way to jail after all. [WSJ Law Blog]
* BCS vs. the Electoral College: Is the controversy over Florida or Michigan playing Ohio State the college football version of Bush v. Gore? Or perhaps that was the LSU/USC split of 2003-04? [National Journal via MSNBC]
* “Float driver in S.C. Christmas parade charged with drunken driving.” [AP]
* Christmas trees are back up in the Sea-Tac airport. Rabbi Elazar Bogomilsky has said he won’t file a lawsuit. But if somebody else does, the Seattle airport authorities will have to throw in a menorah, a Kikombe cha Umoja, and a snowman. [Seattle Times]
* Can an IP expert explain how it is legal for Blockbuster to use Netflix’s name in this promotion?
(And the promotion continues until December 24.) [PRNewswire - FirstCall via Yahoo! Finance]
* Chelsea Clinton’s boyfriend’s dad — putting a face to those Nigerian e-mail scams. [ABC News]
* I would feel safer opening up one of those “Cash Your Check Without ID” storefronts between an adult video store and a pawnshop than cashing someone else’s check. [Consumer Law and Policy]
* I, for one, would rather have the monkeys than the rats. But, and I quote the Delhi High Court: “If you can’t control the monkeys, what can you do?” [Red Orbit]
* It’s just law school, not re-education camp. But I feel kind of inspired — f**k corporate law, I’m reclaiming my dream of banishing styrofoam from the earth once and for all. [Concurring Opinions]
- Clarence Thomas, Harold Koh, Law School Deans, Law Schools, Linda Greenhouse, Politics, Samuel Alito, Yale Law School
Attention, Concerned Alumni of Yale: Justice Alito Gets (Green)housed
By David Lat
Christmas is less than three weeks away. Are you stumped about what to get for your liberal lawyer friends?
Assuming they’re okay with Christmas gifts — maybe they object to even personal celebration of the holiday — have we got an idea for you: Harold Hongju Koh Bobblehead Dolls!!!
Harold Koh is the dean of Yale Law School. And he’s an unapologetic liberal, regarded by some YLS students and alumni as allowing his personal political beliefs to affect his work as dean (not for the better). It’s only natural for the Yale chapter of the ACS, a leading liberal organization, to honor him with a bobblehead doll.
Above the Law has just learned of another manifestation of Dean Koh’s alleged political hackery. One of his deanly duties is to preside over the committee that selects a recipient for the Yale Law School Award of Merit. This prestigious and prominent honor is presented each year to an outstanding graduate or longtime faculty member of YLS.
We’ve heard that Dean Koh, short-circuiting any real discussion, essentially ordered that the 2007 Award of Merit would go to Linda Greenhouse — the left-leaning Supreme Court correspondent of the New York Times. Other committee members proposed Justice Samuel Alito ’75, confirmed earlier this year to the U.S. Supreme Court, as the most natural and appropriate choice. But Dean Koh squelched their support for the conservative jurist. He cut short the deliberations, declaring by fiat that Greenhouse — who did a one-year master’s program at Yale — would receive the award.
Does this strike you as outrageous? It gets worse. The reasoning employed by Dean Koh — to the extent that he employed reasoning, as opposed to simply forcing his pick upon the committee — was pretty dubious.
Based on what we’ve heard, we’ve created a fictionalized transcript of the committee meeting. Check it out, after the jump.
Continue reading “Attention, Concerned Alumni of Yale: Justice Alito Gets (Green)housed”

(Yes, politics may lie slightly beyond the legal beat — but not by much. Senatrix Hillary Clinton is, of course, a lawyer by training. And if elected president, she’d probably get to appoint at least two Supreme Court justices. So we think we’ve established an adequate topical nexus for posting this amusing screenshot.)
Clinton Reaches Out to Iowa, N.H. Dems [Associated Press via Drudge Report]



