On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]
[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).
* The town of Sedgwick, Maine, has declared “food sovereignty,” giving its citizens the right “to produce, process, sell, purchase, and consume local foods of their choosing,” without regard to state or federal law. Preemption? The Supremacy Clause? Eat it. [Food Renegade]
* Speaking of chaos, Wisconsin law professor Ann Althouse wonders: “Who will win and who will lose in the recall madness?” [Althouse]
* Elsewhere in the Midwest, a blogger who didn’t commit defamation is nevertheless held liable under alternative theories that media law professor Jane Kirtley describes as “trash torts.” We no like. [Minneapolis Star-Tribune via Consumerist]
Ruth Bader Ginsburg: birthday girl.
* A young couple that has been fined for their noisy kid might take legal action against their homeowners’ association. Do they have a toddler’s leg to stand on? [MyFoxDFW.com]
* Happy Birthday, Justice Ginsburg! You don’t look a day over 78. [Vault]
* We previously mentioned the ATL contest for NCAA picks — click here, join the group “Above the Law Blog” with the password “abovethelaw”, and fill out a bracket — but we also encourage you to join the Dealbreaker contest (which has much nicer prizes). [Dealbreaker]
Justice Alito is going to the State of the Union this year? Not true, not true!
Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.
Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.
(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)
Thanks to last year’s juicy Obama v. Alito showdown, numerouscommentatorshave wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?
The costuming department has put Kate in clothing so tight and heels so high, they make Ally McBeal’s notorious miniskirt suits seem like something you would expect to find on Ruth Bader Ginsburg.
— New York Times television critic Ginia Bellafante, referring to Kate Reed, the protagonist of the new legal drama Fairly Legal (in a review of Fairly Legal, which premieres on Thursday at 10 p.m. on USA, and Harry’s Law, a second legal drama, which debuts tonight at 10 p.m. on NBC).
Alas, Justice Ginsburg wasn’t spotted slurping down noodles at Tony Cheng’s. Rather, Her Honor was in D.C.’s Chinatown for a theater performance, which is more her speed. (She also loves the opera, of course.)
The Eyes of the Law celebrity sighting took place on Friday evening. Our eyewitness reports:
RBG spotted at the theater! It was opening night of the Shakespeare Theatre Company’s “Free for All” production of Twelfth Night at Sidney Harman Hall (yes, as in Rep. Jane Harman’s husband), across from the Verizon Center in D.C’s Chinatown.
The “Free for All” is an annual event in which the Company puts on a free Shakespeare show for Washington for a couple weeks in the summer.
Free theater is nice and all, but Justice Ginsburg doesn’t need handouts. She and her late husband, Martin Ginsburg, revealed assets worth as much as $45 million at the time of her most recent financial disclosure.
So, did our correspondent get to chat with Justice Ginsburg?
Earlier this week, the New York Daily News reported that Justice Anthony M. Kennedy has no plans of stepping down from the Supreme Court anytime soon. This wasn’t terribly exciting, since there haven’t been any rumblings of an AMK departure. In addition, Justice Kennedy has already hired at least two law clerks for October Term 2011.
And so have several of his colleagues, including Justices Antonin Scalia and Ruth Bader Ginsburg (who are said to be done with their OT 2011 hiring). Some have wondered whether Justice Ginsburg might be leaving the Court, given her health issues. But RBG’s commitment to the Court appears strong — she took the bench the day after the deeply sad passing of her husband, Marty Ginsburg — and her hiring a full clerk complement for 2011-2012 suggests she isn’t going anywhere.
A full list of the October Term 2010 law clerks, who are starting at One First Street this month, plus news (and rumor) of OT 2011 hires — after the jump.
Martin Ginsburg — a leading tax lawyer and law professor, and the husband of Justice Ruth Bader Ginsburg — passed away earlier today. He was 78. According to a statement released by the Court, he passed away at home, from complications of metastatic cancer.
Marty Ginsburg was known in Supreme Court circles as Justice Ginsburg’s secret weapon. Justice Ginsburg herself can sometimes be shy, awkward, and introverted, but her husband was gregarious, charming, and a great entertainer. He was a talented chef and would perform the culinary honors at dinners for Supreme Court justices and their spouses. He would also cook for RBG’s clerks each Term.
He was widely noted for his great sense of humor….
I set these two up because they’re both over 30, like tonic as a mixer, and listed Ruth Bader Ginsburg as their favorite Supreme Court Justice. Of course, there’s a subtext to that last choice, as both our Courtship Connectors pointed out in their write-ups of the date.
He says he would be a “songwriter/novelist” if he weren’t an attorney, and she says, “if I knew the answer to that, I’d be doing it.” Per his suggestion, I sent them on Thursday night to Lillie’s, on 17th Street near Union Square. He tells me:
First, thanks so much for setting me up…it’s clear that part of your setting me up with [REDACTED] must have been matching two of the most jewish sounding names in the world.
Well, im happy to tell you that this ATL match went much better than Lat’s attempt.
We met up at the bar and she recognized me first, she’s really sweet (and cute) and we had a lot in common and similar backgrounds. We chatted for over 2 hours and agreed to go out again. i’ll keep you posted. Many thanks!!
Alright. What did she think? Well, for one, she was happy that a male reader of Above the Law didn’t turn out to be an “angry hobbit, d-bag, or socially awkward male legal type…”
Here’s one talk that Justice Ruth Bader Ginsburg didn’t fall asleep during: her own, a conversation with Nina Totenberg at the 92nd Street Y on Thursday night.
We took note of the fact that RBG dozed off a bit during President Obama’s State of the Union address. As it turns out, Justice Ginsburg has an explanation.
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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