SCOTUS

Kent W. Easter

* The justices of Supreme Court of the United States will discuss gay marriage cases from five states during their “long conference” at the end of the month. Which ones will they decide to take? Help us, Justice AMK! [National Law Journal]

* This law school is having some troubles adjusting to the “new normal.” Not only is its administration planning back-to-back tuition hikes, but it’s asking the state for help with its deficits. Yikes, that’s not good. [The Republic]

* This Gonzaga Law professor thinks that playing poker is part of having a balanced life. He might not come home with much after his games, but “it’s better than a kick in the head.” [Spokesman-Review]

* Remember Kent W. Easter, the Biglaw partner who was accused of planting drugs in a school volunteer’s car? During his recent retrial, he was convicted of false imprisonment by fraud and deceit. [OC Weekly]

* Following a “marathon trial marked by screams, tears, vomit, anger,” Oscar Pistorius has been found negligent, but not guilty of premeditated murder. Expect a final verdict tomorrow, perhaps. [USA Today]

The start of the new Term of the Supreme Court of the United States is about a month away. So now is a good time to do a new round-up for Supreme Court clerk hiring. As it turns out, there are more than enough unreported hires for a fresh story.

And there’s other SCOTUS clerk news to share as well. Remember last year, when law firm signing bonuses for SCOTUS clerks hit a new high of $300,000? Well, try to stop yourself from turning green with envy, but some firms are now offering even more than that.

How much are these kids — and yes, many of them are kids, in their mid-twenties — taking home in signing bonuses? Yes, signing bonuses, on top of their usual six-figure associate salaries….

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: Into 2016 We Go — Plus SCOTUS Clerk Bonus News”

When you think of George Hamilton, if at all, you think of the walking precautionary example for artificial tanning. Maybe you think of Tom Hagen’s replacement as the Corleone Family lawyer in Godfather III (if you acknowledge that the movie exists). But there was a time in the 60s when George Hamilton was the bee’s knees and hob-knobbing with the rich and powerful.

And because he was an actor, Lyndon Johnson thought Hamilton was “running around with a bunch of homosexuals,” so the White House set the U.S. Supreme Court and — ironically — J. Edgar Hoover on the case of digging into George Hamilton’s private life. It’s like a “Stars — They’re Just Like Us” feature for the current administration — see, government spied on its people just as much in the 60s as it does today. It’s just back then knowing gay people made you “a potential terrorist” instead of “Bravo’s demographic.”

Thanks to a FOIA request at the heart of an Eastern District of Pennsylvania decision, this is all finally coming to light…

double red triangle arrows Continue reading “LBJ, FBI, And SCOTUS All Spying On George Hamilton Because… Gay Stuff”


The Supreme Court of the United States (photo by Drew Havens).

Yesterday, the New York Times ran an article by Adam Liptak on the increasingly suspect “facts” that the Supreme Court cites in some of its opinions. Whether penned by the justices themselves or the little twits who actually do the heavy lifting on the opinion-writing, opinions from the Court have become a veritable wasteland of dubious figures, outlandish claims, and hardcore pornography. Or, rather, just the first two.

Sex-crazed Stephen Breyer, for instance, is said to have relied on a discontinued blog for a statistic related to public libraries. The blog, wackyliberryfacts.blogspot.com, has two posts since 2008 and both have to do with Michael Hutchence’s death. A good read, if maybe a bit too reliant on incorrect lyrics from Suicide Blonde.

On the right side of the Court (and history…?), coozehound Samuel Alito is said to have cited an unreliable fact about background checks done by employers in a 2011 opinion. The fact? That 47 percent of Americans can’t come up with Joe Biden’s name when asked who our Vice President is. Which, as far as I can tell, is a totally true fact! But its connection to background checks is tenuous, if not downright nonexistent.

Given the fact that our nation’s entire legal edifice threatens to crumble under the weight of a thousand erroneous internet “facts,” we’ve decided to help the Court out. Here are five ways the court can get around the shoddy fact-checking in judicial opinions.

double red triangle arrows Continue reading “Supreme Indifference To Truth: 5 Ways SCOTUS Can Avoid Relying On Dubious ‘Facts’”

Professor Tim Wu

* Could Columbia law professor Tim Wu become New York’s next lieutenant governor? He has a shot, according to the Times. [New York Times]

* Which same-sex-marriage case is the best vehicle for Supreme Court review? [BuzzFeed]

* A federal judge takes the wheel in steering Detroit into the future. [American Lawyer]

* Is it “shameful” of the ALS Association to attempt to trademark the phrase “ice bucket challenge”? [ABA Journal]

* Jury deliberations are expected to begin today in the corruption trial of former Virginia governor Bob McDonnell. [Washington Post]

* Voter ID laws are back on trial, this time in Texas. [New York Times]

* Speaking of Texas, the state seeks to stay a recent ruling that struck down the requirement that abortion clinics comply with standards for ambulatory surgical centers. [ABA Journal]

* Dean Chemerinsky lays out how the Supreme Court is protecting local corruption. It’s what the Framers would have intended. [New York Times]

* In response to the latest article from Professor Michael Krauss, a former student suggests that maybe the so-called “justice gap” is a good thing. It kind of comes down to how much you believe in the efficiency value of the “American Rule.” [That's My Argument]

* The eternal question for female lawyers: do you dye your hair or embrace the gray? [Gray Hair]

* Boston’s drivers suck. [The Faculty Lounge]

* A well-written tribute to a Nashville civil rights lawyer. [Nashville Scene]

* This seems like a place to remind people that David’s going to Houston next month. [Above the Law]

* Here’s a new game to check out. It’s a twisted dirty word game called F**ktionary (affiliate link), so obviously it was made by a lawyer. It’s kind of like Cards Against Humanity meets Scattergories, which is just as fun as it sounds. The promo is after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 08.27.14″

Burger King bounty for Biglaw.

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

Justice Ruth Bader Ginsburg

If you just needed the skills to pass the bar, two years would be enough. But if you think of law as a learned profession, then a third year is an opportunity for, on the one hand, public service and practice experience, but on the other, also to take courses that round out the law that you didn’t have time to do.

Two years—it does reduce the respect, the notion that law is a learned profession. You should know a little about legal history, you should know about jurisprudence. [Two years] makes it more of a craft like the training you need to be a good plumber.

– Justice Ruth Bader Ginsburg, explaining why she thinks law school should remain three years in length, in an interview with the National Law Journal.

Kim Kardashian

* First things first, she’s the realest: In light of the ongoing situation in Ferguson, Missouri, of course Justice Ruth Bader Ginsburg acknowledged that we have a “real racial problem” in America. [National Law Journal]

* Cooley Law has experienced legal troubles over its job stats for the past few years, and a great deal of it has been handled by Miller Canfield. It raked in almost $1M from the school from 2011 to 2012. [Am Law Daily]

* Yesterday, a federal judge in Florida struck down the state’s ban on gay marriage as unconstitutional. The latest opinion is one of nineteen in favor of marriage equality. The decision was stayed, but yay for Flori-duh! [CNN]

* Half of Concordia Law’s third-year class will not be returning to school this fall because they’d rather wait to receive word on whether the school will be accredited than waste more of their time there. [Boise State Public Radio]

* Thanks to JudgmentMarketplace.com, a dentist was finally able to collect on a a years-old default judgment against Kim Kardashian — but only because a lawyer bought it from him. [WSJ Law Blog]

Justice Stephen Breyer

Among The Nine, [Stephen] Breyer is on the cool end of the emotional spectrum, logical to a fault with little if any of the passion that one sees in Ginsburg or Sotomayor on the left, Scalia or Alito on the right, or even Kennedy in the middle….

[H]is ideas have had nothing like the impact of those from his hot-tempered colleague Scalia. After two decades on the bench, the influence of the cold-fish justice is sometimes hard to discern.

– Professor Kenneth Jost of Georgetown Law, commenting on Justice Breyer’s legacy and temperament on the Supreme Court. In Clinton White House papers released earlier this year, Breyer was referred to as “a rather cold fish” when he was evaluated as a possible Supreme Court nominee in the early ’90s.

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