R. Ted Cruz

The other shoe has dropped: Senator Harry Reid went forward with the long-awaited “nuclear option” to end the Republican filibuster of Obama nominees, most notably the nominations of Judge Robert Wilkins, Georgetown Law Professor Nina Pillard, and Akin Gump partner Patricia Millett to three vacant seats on the D.C. Circuit.

By a 52-48 vote, Democrats killed off the filibuster for most of the president’s upcoming nominations, though kindly preserved the minority’s right to filibuster Supreme Court nominees. So they didn’t take away all of our fun.

But you probably already know that. You probably already have a militant opinion about it if social media is to be believed. But as we prepare to welcome three new judges to the D.C. Circuit, our friends, family, politicians, and media people are going to toss around some really hollow sound bytes both for and against this move. Let’s just get some of them out of the way now, so you don’t have to act surprised when you watch Meet the Press on Sunday.

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Ted Cruz

* After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

* “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

* “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

* It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

* SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

* Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

* The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

It says something about you to be labeled as the biggest jerk at Harvard Law School. The school runs on jerks the way Smurfs run on berries. To be universally recognized as the biggest jerk in your class requires an amazing commitment to inhumanity. Think about it: I’m a pretty big jerk, but was I the biggest jerk at HLS while I was there? Please. Kiwi Camara, come on down.

A GQ article by Jason Zengerle yesterday just lit up Ted Cruz over his history of being a giant a$$hole that nobody likes. Josh Marshall from Talking Points Memo, whose wife was at HLS with Cruz, added to the reporting, calling Cruz an “AASS,” which stands for “A$$hole, Arrogant, Super Smart.”

I think a quarter of the HLS class are decent humans who are just trying to get through law school with minimal stress and drama. These are the people who are out there in the world doing good stuff and when somebody says, “Did you know so-and-so went to Harvard?” you’re surprised because they’re such regular, well-adjusted people. A full 50% of the class are impressionable sorts who can access their inner jerk at a moment’s notice. They think they’re decent people with a “dark side,” but actually they’re jerks who don’t have the strength of personality to pull it off all the time. These are the future Biglaw partners of the world.

The last quarter of the class is actively in pursuit of being an AASS. This odious group might go into law or politics or media. They certainly interview with Skadden, but otherwise they don’t last long in Biglaw because they can’t spend 10 years with nobody listening to them. You never for a second do not know which law school they attended.

I think we all know which group I fall into, but my point is that this last group, tallest midgets all, should get its own award named after Ted Cruz…

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Senator Kirsten Gillibrand

Okay. It finally happened. Our colleague Tamara Tabo finally wrote something that required a response from one of your faithful regular editors.

Tamara makes some excellent points about the incidence of rape not necessarily being higher in the military than in civilian institutions (at least as reported).

Fine.

But the problem is not so much what she says, but why? What’s to be gained by taking to the pulpit and saying that the incidence of military rape is on par with civilian rape and that the concern of policymakers is misplaced?

The only answer is to suggest that military rape is not a problem because it’s in line with the rest of society. And that’s not a good argument.

But not as bad as the argument that drunk women are the real problem in rape cases…

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On Tuesday, Republican Senators Ted Cruz and Rand Paul joined Democratic Senator Kirsten Gillibrand in her push to pass new legislation that would remove the chain of command from military sexual assault cases. Senator Gillibrand argues that women in the military are afraid to report rapes, and when they do report them, the crimes are not always prosecuted.

People of conscience want sexual assault victims to report. We want sexual offenders to be duly processed and punished. We want individuals wrongly accused to suffer as little harm as possible as they clear their names. We share these broad goals, though we may differ about specific means of achieving them.

I respect Senator Gillibrand for formulating a proposal. I respect Senators Cruz and Paul for crossing the aisle to support legislation they believe in. I am unpersuaded, however, that this bill would adequately and fairly address the problem.

Legislation like Gillibrand’s treats as unique a problem that is not. Relevant statistics suggest that young women may be at no greater risk of being sexually assaulted in the military than being sexually assaulted on a college or university campus. Why propagate a message of fear that sending our daughters (or ourselves) into the service amounts to handing them over to an unpatrolled, unrepentant rape culture, but shipping off young women to college is relatively safe? Why send the message that our women are more likely to be raped by a fellow Marine than by a frat brother from Sigma Chi?

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I keep telling people, if I just did my thing of making controversial statements that draw attention to myself, but called myself a “Republican” who happened to be black, I’d be a sitting Congressman right now instead of a blogger.

Well, maybe I’d need to buttress my “controversy” with being factually incorrect and an unwillingness to admit that I’m wrong. But I’m close to being enough of a train wreck to be a Republican candidate of color. Let me just… sorry… get this water right here… ahhhh.

Like me, current GOP crazypants darling Ted Cruz went to Harvard Law School. He apparently learned the same lesson there that I did: never let facts get in the way of a good story. In a 2010 speech, Cruz said that when he was at HLS there were more Communists on the faculty than Republicans.

Now, that is clearly an outlandish and incorrect comment, said for effect to an audience that doesn’t know any better. But, in classic modern GOP fashion, when confronted with this ridiculous piece of rhetoric, Cruz stood by the statement.

Because for reasons passing understanding, it’s not enough to say that the faculty at Harvard Law School is overwhelmingly liberal (true), now they have to be Communist (not true) in order to gin up the requisite amount of hatred for Northeastern elites that Cruz (a Canadian who went to Princeton and then Harvard Law School) wants his constituents to feel….

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Attorney retirement home?

Well, the election is over, and a gaggle of new Congressfolks and Senators are coming to Washington in January. Of this population, 43 percent are lawyers, reversing the decline in lawyer politicians. So let’s review the incoming class and you can not-so-quietly judge our new legislators for their education and experience in the comments.

Ten new members attended Harvard Law School, so congratulations Crimson for continuing your tradition as the shadowy institution ruling our lives. There are also some inspiring stories among the new members. Like Joseph P. Kennedy, who lifted himself up by the bootstraps and managed to get into Harvard without any connections whatsoever. Everyone’s education info and any interesting career tidbits are provided below.

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‘I’m coming for you, SCOTUS.’

Legal elites fared well on election night. For example, Harvard law professor Elizabeth Warren is now Senatrix-elect Elizabeth Warren, after expertly landing Langdell Hall on top of Scott Brown (“I’ll get you, my pretty, and your little pickup truck too!”). As a Divacrat — I support strong, strident, brilliant (sorry Sarah Palin) women, regardless of their political party — I’m already fantasizing about Clinton/Warren in 2016.

Joining Warren on the Senate floor will be another great legal mind who spent some time in Cambridge, Harvard law grad and former SCOTUS clerk Ted Cruz. The Morgan Lewis partner is one of several current or former Biglaw attorneys who won office on Tuesday. (For more, see Am Law Daily.)

The biggest winner of the evening, of course, is also a legal elite: President Barack Obama. He’s a former law professor, like Warren; an HLS grad, like Cruz; and the first African-American president of the Harvard Law Review. Things don’t get much more elite than that.

And in the legal world, things don’t get much more elite than the United States Supreme Court. This brings us to today’s question: What will a second Obama term mean for the Supreme Court?

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* The ABA is gearing up for its annual meeting in Chicago. I’ll note (with a lack of surprise) that I was not invited. [ABA Journal]

* At that meeting, the ABA will once again consider accrediting foreign law schools. American lawyers have shouted down this idea twice before, but if the ABA has a chance to screw over its constituents it simply must keep trying. [National Law Journal]

* Here, we see NYU’s Dean Richard Revesz defend the economic value of an “expensive” NYU Law degree without actually using any economic facts or statistics. [Constitutional Daily]

* Please tell me this Ted Cruz yahoo wackjob Republican Senatorial candidate isn’t going to become an ongoing part of my life. [Mother Jones]

* Only lawyers could complicate the word “shall” to the point that it loses all meaning. [Legal Blog Watch]

* I thought casinos killed you with the expensive gambling, not the free alcohol. [Overlawyered]

* Another positive review for Mark Hermann’s Inside Straight. [New York Personal Injury Law Blog]

* An interesting conversation with NYU professor David Garland about the death penalty. It won’t kill you to check it out. [Cruel and Unusual]

Ted Cruz

Congratulations to Ted Cruz, who will most likely be the next U.S. Senator from the great state of Texas. Cruz, who is currently a partner at Morgan Lewis, just won a runoff election for the Republican Senate nomination. Considering that Texas hasn’t sent a Democrat to the Senate since Lloyd Bentsen in 1988, the general election is probably Cruz’s to lose.

Cruz, 41, defeated a formidable opponent in the primary: Lieutenant Governor David Dewhurst, 66, who had the advantage of wide name recognition thanks to nine years in his current statewide office. Dewhurst, a wealthy businessman, also had money on his side: he outspent Cruz by about three to one. But Cruz — an amazing college debater, known for making his opponents wet themselves (he and I know each other through debate circles) — knows how to fight. And to win.

Ready for some résumé porn? Read on to learn about Cruz’s Texas-sized achievements….

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