Richard Posner

* Dear professors, please try to understand that most people who experience normal, human emotions are more concerned with the future of American law students than they are with whether or not American law schools can survive by bilking the hell out of foreigners. [PrawfsBlawg]

* In Canada, they raided somebody’s Super Bowl party to bust up an illegal gambling ring. They never would have done this during the Grey Cup. [CTV News]

* Apparently some kind of law something happened on Downton Abbey last night? I missed it, because staring at a dark stadium is literally more interesting than that freaking show. [Law and More]

* Thomson Reuters is getting out of the academic book publishing business. If only law professors would do the same thing. [TaxProf Blog]

* Is Washington & Lee’s “experiential” curriculum working? [The Volokh Conspiracy]

* Just to be clear, torturing people only works in the movies and television. [Politics USA]

* Cleary might become an ATL feeder firm. [Legal Cheek]

* Here’s an excerpt from a fun interview with David Lat, in which he talks about asking Richard Posner out on a date. [California Lawyer]

And there’s video, which you can watch for CLE credit, after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 02.04.13″

An 18th century firearm.

One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the 18th century could not rationally have been limited to the home.

– Judge Richard Posner of the Seventh Circuit, overturning an Illinois law prohibiting loaded weapons from being carried in public.

(Perhaps if Posner were a historian, he’d have remembered the whole “a well regulated militia being necessary to the security of a free state” clause that precedes our supposedly inviolable rights to carry around loaded hand cannons that pack the lethality of half of the Continental Army.)

* Munger Tolles & Olson recently announced a new partnership class, 75 percent of which is composed of women. Let’s hear three cheers for diversity in the practice of law! Oh, and uh… congratulations to the lone white guy, too. [The Careerist]

* Praise the Lord and pass the ammunition: in an opinion penned by Judge Richard Posner, a divided three-judge panel of the Seventh Circuit struck down an Illinois law banning the concealed carrying of loaded weapons outside the home. [Bloomberg]

* Holy crap! Law students asked for change, and the Arizona Supreme court is giving them exactly what they wanted, which is impressive. 3Ls will now be able to sit for the February bar exam. [National Law Journal]

* And speaking of Arizona, the Phoenix City Council and state Board of Regents have approved ASU Law’s plans to move its campus, and the city even threw in $12M to sweeten the deal. [Phoenix Business Journal]

* Remember the defamation suit Cooley Law filed against a former student who anonymously criticized the school on his blog? His lawyer will defend his anonymity today in court. [Thomson Reuters News & Insight]

* Nevermind the fact that he’s a “person of interest” in a homicide case, because a Guatemalan judge ordered that antivirus mogul John McAfee should be released due to his illegal detention. [Los Angeles Times]

Wise Latina?

[F]ederal judges are not just politicians in robes, though that is part of what they are.

– Professor Lee Epstein, Professor William M. Landes, and Judge Richard Posner, writing about judges and politics in their forthcoming book, The Behavior of Federal Judges (affiliate link).

(Additional highlights from Adam Liptak’s article about their research, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Partisan Hearts Beating Underneath Their Robes?”

Qualified Arby’s employees are literally willing to die for the company.

* Additional thoughts, from Professor Josh Blackman, on Judge Richard Posner’s awesome streak of book reviews. [Josh Blackman]

* Meanwhile, Professor Kyle Graham wonders: How would Judge Posner review Moby Dick, Fifty Shades of Grey, and other classic literature? Incredibly, that’s how. [noncuratlex]

* Apple responded to Samsung’s blame-the-jury appeal with knives out and guns blazing. [Ars Technica]

* This attempt at using a disguise to commit ID theft was so pathetic, I almost feel bad for the guy. And yes, there is a photo. [Lowering the Bar]

* A longtime Arby’s employee fled when a knife-wielding robber broke into the restaurant in the middle the night. And then Arby’s fired her. At least unemployment > dying alone in an Arby’s. [Consumerist]

* Models, runway shows, and confidentiality agreements, oh my! [Fashionista]

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.

Yes, readers. There will be benchslaps….

double red triangle arrows Continue reading “Judge Posner on Statutory Interpretation: This Is How We Do It”

On the day the iPhone 5 became available to the public, I wrote a post asking if the new smartphone might be a sign of the IP apocalypse. I’m not the only one, apparently.

Finally, the rumblings of discontent within the tech and legal industries haved boiled over into the mainstream. The New York Times wrote an extensive front-page story yesterday, chronicling the intellectual property arms race gripping the industry.

A lot of the subjects in the piece may be familiar to Above the Law’s readers. We’ve covered Apple’s schizophrenic attitude towards patents and the America Invents Act (and how it could affect one’s ability to patent bedroom gymnastics).

But let’s take a closer look and put it all in context…

double red triangle arrows Continue reading “A Closer Look at the ‘Chaos’ of the American Patent System”

In a few hours, Mitt Romney and Barack Obama will meet in Denver, Colorado, for the first of three presidential debates (though the second is a town hall debate; are those really “debates?”). As lawyers, you likely possess more than a passing interest in the events of the evening.

You are also Above the Law readers, which means you likely possess more than a passing interest in reckless self-destruction through the massive consumption of alcohol.

As a lawyer, drinker, and college debate coach who gets way too into these things, I have constructed a drinking game to shepherd you through the process of viewing tonight’s debate….

double red triangle arrows Continue reading “A Lawyer’s Guide To Getting Drunk During Tonight’s Presidential Debate”

‘If there’s one thing America needs, it’s more lawyers!’

* Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times]

* As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald]

* Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post]

* Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing]

* Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer]

* A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris]

* Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]

Scalia v. Posner meets Mean Girls

* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg]

* Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg]

* When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog]

* What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc]

* You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider]

* “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party]

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