SCOTUS

Megyn Kelly of Fox News

* “Those of us from the Midwest think it’s actually easier to hide a child in New York.” Many of the current Supreme Court justices are from New York. How does it affect their jurisprudence? [Washington Post]

* The percentage of women associates in law firms may be down nationally, but in California, the demographic is on the rise — except in Silicon Valley, which is really hardly surprising. [The Recorder]

* Megyn Kelly, who’s been compared to a “brilliant supermodel,” is now considered the brightest star on Fox News, with more than 2.5 million viewers. Albany Law School must be so proud. [Washington Post]

* Class action powerhouse Cohen Milstein Sellers & Toll hired Matthew S. Axelrod of DOJ fame (most recently as Associate Deputy Attorney General) to join the firm as a partner. Congrats! [Law360 (sub. req.)]

* “The fact that rape insurance is even being discussed by this body is repulsive.” Yep. Rape insurance. Apparently that’s a thing in Michigan now, which is pretty unbelievable. The more you know. [MSNBC]

* Here’s a helpful hint for our readers: when you’re trying to get released on bail prior to your jewel heist trial, you probably shouldn’t list your occupation on a court form as “jewelry thief.” [Los Angeles Times]

As for Supreme Court vacancies? There will be none.

Jeffrey Toobin, legal analyst for the New Yorker and author of The Oath: The Obama White House and the Supreme Court (affiliate link), issuing seven legal predictions for 2014.

Give a hand for the law’s lack of diversity.

* When it comes to the air pollution case that’s currently before the Supreme Court, it seems like the justices had absolutely no difficulty at all in evaluating the type of problem at hand. It’s apparently a “tough” one and a “hard” one. [New York Times]

* Thanks to the historic new Senate rules put into action last month, Patricia Ann Millett, the co-head of Akin Gump’s Supreme Court and national appellate practice group, has been confirmed to the D.C. Circuit. You go girl! [Post Politics / Washington Post]

* The Senate showdown isn’t quite over yet, folks. We could see another confirmation vote on Georgetown Law professor Nina Pillard’s nomination to the D.C. Circuit sometime today. [Blog of Legal Times]

* “We risk failure in having a profession that is as diverse as the country we serve.” OMG guys, the legal profession is bad at diversity. This is new information that no one’s heard before. [National Law Journal]

* Now that the recession is over, women are gaining their jobs back faster than all their male counterparts. Not to worry, guys — they’re still being paid 77 cents to every dollar a man earns. [Corporate Counsel]

* Here are the top five social media mishaps by lawyers and law students of 2013. If you value your career, you should really try not to do any of these embarrassing things during the new year. [Strategist / FindLaw]

Wipe that grin off your face, Sam.

I think the tongue-in-cheek answer would be that I was surprised because of how much [Justice Samuel Alito's] done in the way of supporting anti-discrimination laws over the years. But that would be just a facetious comment.

– Judge Harold Baer (S.D.N.Y.), responding to Justice Alito’s criticisms of the practice of encouraging law firms to staff class action suits with women and minority lawyers. Baer went on to sarcastically suggest that Alito lacked “either understanding or interest” in discrimination experienced by these groups.

Madam Justice A. Lori Douglas

* What led the Senate Democrats to go nuclear? [New York Times]

* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]

* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]

* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]

* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]

U.S. Attorney Preet Bharara

* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]

* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]

* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]

Amanda Knox

* Oh baby (or the lack thereof): the Supreme Court has decided to take on two of the cases asserting religious challenges to the Affordable Care Act’s contraception coverage mandate. [Blog of Legal Times]

* “[H]e has a Rolodex like a Ferris wheel.” Delaware’s Supreme Court Chief Justice is retiring from the bench to join Potter Anderson & Corroon, where that Rolodex will come in handy. [Wall Street Journal]

* Italian prosecutors think Amanda Knox should be convicted of murder (again) and given a 30-year sentence in a retrial she’s not even there for. This kind of sounds like it’d be a double-secret conviction. [CNN]

* With fall finals right around the corner, law students can take comfort in the fact that next week they’ll be soothed by therapy dogs — ones that’ll need therapy after dealing with law students. [WSJ Law Blog]

* If you’re considering applying to law school against all odds, you should determine when the right time to apply would be. Don’t listen to your parents, listen to your gut. [Law Admissions Lowdown / U.S. News]

* If you haven’t heard, the Beastie Boys are having a copyright fight with toymaker GoldieBlox over a parody of the song “Girls” that’s been used in a commercial. Fair use? Decide after the jump. [NBC News]

double red triangle arrows Continue reading “Morning Docket: 11.27.13″

* In November, Supreme Court justices engaged in the “totally unnecessary” practice of releasing 41 pages of nondecision opinions. In all fairness, we can’t really blame them for enjoying hearing themselves speak. [National Law Journal]

* These D.C. Circuit judges of differing political viewpoints “disagreed less than 3 percent of the time” over the course of two decades. Please, keep arguing about the court’s “ideological balance.” You’re accomplishing lots. [New York Times]

* With more tie-ups than ever before and another record broken, 2013 is officially the year of full-blown law firm merger mania. Query how many more we’ll be able to add to the already huge list of 78 by the end of December. [Am Law Daily]

* Speaking of which, Baker Hostetler is merging with Woodcock Washburn, an intellectual property firm with a name that sounds like the aftercare instructions for a painful sex toy injury. [Philadelphia Inquirer]

* Of course a fired ADA’s scandalous emails landed on BuzzFeed. This is one more embarrassing chapter in the Brooklyn District Attorney’s Office’s terrible, horrible, no good, very bad year. [New York Times]

* It’s amazing how things can change in a year. In 2012, New York bar pass rates for in-state schools fell. In 2013, they’re up — except for one school, which is way down. Which one? [New York Law Journal]

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.

double red triangle arrows Continue reading “And Boom Goes The (Nuclear) Dynamite: Previewing The Derptastic Sound Bytes You’re About To Hear”

* Justice Sonia Sotomayor thinks that the lack of diversity on the federal and state judiciaries poses a “huge danger,” one that might even be greater than her complete inability to dance. [Blog of Legal Times]

* Because “love [shouldn't be] relegated to a second-class status for any citizen in our country,” Illinois is now the 16th state in the U.S. to have legalized same-sex marriage. Congratulations and welcome! [CNN]

* “His discrimination claim was not about discrimination.” After only 2.5 hours deliberating, the jury reached a verdict in John Ray III v. Ropes & Gray, and the Biglaw firm came out on top. [National Law Journal]

* One thing’s for sure: big city bankruptcies ain’t cheap. Detroit has paid about $11 million to Jones Day, emergency manager Kevyn Orr’s former firm, since this whole process kicked off. [Detroit Free Press]

* The entire judicial panel overseeing Judge Lori Douglas’s ethics inquiry just quit. Justice apparently wouldn’t be served by continuing to examine a middle-aged woman’s porn pictures. [Winnipeg Free Press]

* Baylor Law is being overrun by a colony of feral cats. Someone please tell the administration these kitties can’t be used as therapy animals before finals — students will have their faces clawed off. [Baylor Lariat]

* Guy Cellucci, managing partner of White & Williams who died unexpectedly, RIP. [Philadelphia Inquirer]

Major League Baseball is a giant, soulless corporate entity committed to ruining the summer months with hours of watching guys stand around in a park interrupted by brief spurts of running upwards of 90 feet at a time. The NFL is a giant, soulless corporate entity committed to milking profit out of underpaying people to receive repeated massive head trauma. But at least the NFL puts out an exciting product.

Both of these multi-billion dollar endeavors have run to the Supreme Court to complain like the crybabies they are because technology has made enjoying their product too easy even as both have gone out of their way to make it more difficult to watch….

double red triangle arrows Continue reading “NFL And MLB Run Crying Like Babies To The Supreme Court”

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