Supreme Court

Sidney Spies

* Justice Ruth Bader Ginsburg thinks Roe v. Wade was a mistimed ruling, saying things would be different today if the court had been more “restrained.” Well, wire hanger sales would be up, that’s for sure. [CBS News]

* Bait and switch of the day: personal injury firms are enticing plaintiffs to sue with promises of free iPads, but they may never see them. Blame England for this one. At least it’s not happening in America… yet. [Daily Mail]

* Netflix is settling its nationwide video privacy lawsuit for $9M. It’s embarrassing enough that you know you watched the Twilight saga so many times. Netflix doesn’t need to keep your shame on record. [paidContent]

* Remember Sidney Spies, the sexy First Amendment freedom fighter? Her final yearbook photo submission was rejected, and now her family wants to file a complaint — because nobody’s gonna tell their daughter that she can’t look like a skank. [ABC News]

* Roger Aaron, one of Skadden’s most prominent mergers-and-acquisitions partners, RIP. [WSJ Law Blog]

Beyoncé

* “All My Justices” may soon be coming to daytime television station near you. In a close vote, the Senate Judiciary Committee approved a bill that calls for television access to Supreme Court proceedings. [Legal Times]

* A former Cravath associate’s law license has been suspended as a result of a DV assault charge. For every day spring bonuses go unannounced, another CSM attorney will do something to embarrass the firm. [Am Law Daily]

* Duncan Law wants wants a judge to reconsider an injunction, claiming “eight students have withdrawn” since its accreditation was denied. In other news, only eight students at Duncan Law have half a brain. [National Law Journal]

* If you liked it, then you should’ve put a trademark on it. Jay-Z and Beyoncé have filed a trademark application for their daughter’s name. Nothing says love like exploitation. [New York Post]

* Remember the siblings involved in a nationwide manhunt last summer? Stripper and bank robber extraordinaire Lee Grace Dougherty pleaded guilty, and now faces up to 28 years in jail. [New York Daily News]

[A]mong the world’s democracies … constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. constitution, only to reverse course in the 1980s and 1990s. The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II.

– Professors David S. Law of Washington University in St. Louis and Mila Versteeg of the University of Virginia, in a forthcoming article that will be published in the New York University Law Review. They conducted a study that was discussed in a very interesting article by Adam Liptak, ‘We the People’ Loses Appeal With People Around the World.

And perhaps with Justice Ruth Bader Ginsburg? Which constitutions does she prefer over our own founding document?

double red triangle arrows Continue reading “Quote of the Day: Why Do You Hate America, Justice Ginsburg?”

Antonin Scalia

Society cannot afford to have such a huge proportion of its best minds going into the law.

Supreme Court Justice Antonin Scalia, commenting on the state of the legal profession at the 2012 Midyear Meeting of the American Bar Association in New Orleans.

(Justice Scalia comments on Biglaw’s flawed compensation system, after the jump.)

double red triangle arrows Continue reading “Quotes of the Day: Mo’ Superior Legal Minds, Mo’ Problems!”

[O]ne is a practicing polygamist, and he’s not even the Mormon.

– Retired Supreme Court Justice Sandra Day O’Connor, commenting on the differences between leading Republican presidential candidates Mitt Romney and Newt Gingrich during a speech at the Alfalfa Club.

Professor Philip Bobbitt

In 2008, we profiled celebrity law professor Philip Bobbitt. Professor Bobbitt has a breathtaking résumé, featuring degrees from Princeton (A.B.), Yale (J.D.), and Oxford (Ph.D.); distinguished government service, for both Democratic and Republican administrations; and numerous acclaimed books, including Constitutional Fate: Theory of the Constitution (1982), The Shield of Achilles: War, Peace and the Course of History (2002), and Terror and Consent: the Wars for the Twenty-first Century (2008) (affiliate links). For a very thorough enumeration of his amazing accomplishments, read his excellent Wikipedia page.

Our profile drew heavily upon a New York Observer piece that dubbed him “the James Bond of Columbia Law School.” What did Professor Bobbitt do to earn that sobriquet?

“His mannerisms just kind of ooze a James Bondian kind of quality,” says Vishal Agraharkar, a former [Legal Methods] student and a teaching assistant for this year’s class. “Someone who acts like that in class and outside class we assumed must have just an incredible personal life. James Bond has a hell of a personal life, so he must as well.”

Well, it appears that Professor Bobbitt, 63, does have one heck of a personal life. Over the past few days, we’ve received some rather interesting information about the good professor’s love life. The reports go something like this: “Professor Bobbitt married one of his students! Over the Christmas holiday! She’s a 3L at Columbia Law! And a Turkish princess! They were married at the Supreme Court! By one of the justices!”

As is generally the case with juicy gossip, most of this is true — but some of it is not. Here’s the real story, based on my interview with Professor Bobbitt himself. And wedding photos, of course….

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Professors Richard Epstein (left) and John Yoo

* Are you still trying to make sense of the conflicting opinions in United States v. Jones, the GPS tracking case recently decided by the Supreme Court? Professor Barry Friedman has this helpful round-up. [New York Times]

* Elsewhere in law professors opining on SCOTUS, what do Professors Richard Epstein and John Yoo predict the Court will do regarding Obamacare? [National Review Online]

* A Spanish CFO, a Finnish tax lawyer, and a moody Hungarian CEO walk into an Amsterdam coffee shop…. [What About Clients?]

* Musical chairs: prosecutor Greg Andres is leaving DOJ for DPW. [DealBook]

* In case you missed this fun Friday story, it got picked up by MSNBC today. [Digital Life / MSNBC]

* Did your law firm give you an iPad? Are you wondering what to do with the darn thing? Here’s an idea, after the jump….

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Morning Docket: 01.30.12

Keeping you unemployed since 2008.

* People like it when the members of the Supreme Court agree with each other, except when the justices forget to tell them exactly what to do. Poor sheeple. [Washington Post]

* If you’re wondering why you can’t get a Biglaw job, it’s because the firms don’t need you. Well, they probably do, but definitely they need their money more. [Wall Street Journal]

* Chadbourne & Parke to 190K square feet: partners seem to be pissy about the move, but this white-shoe firm may soon be a blue-chip tenant at One World Trade Center. [New York Times]

* British blokes like scamming folks. Kevin Steele, a former Mishcon de Reya partner, has been sentenced to more than five years for his role in a $28M fraud scheme. [The Guardian]

* Florida’s former foreclosure king might have been dethroned, but David J. Stern refuses to give up his crown. Say hello to the Five Guys burger king. [Real Time / Palm Beach Post]

* My Fair Wedding? More like My F**ked Wedding. A New York couple is suing celebrity wedding planner David Tutera, alleging that he left them waiting at the altar. [New York Daily News]

* The people at the Department of Justice really don’t want you to see Osama bin Laden’s death photos, but don’t they realize that the internet needs pics or it didn’t happen? [Blog of Legal Times]

* Déjà vu: Hustler Magazine’s nude photo spread of Nancy Benoit was back on the Eleventh Circuit’s docket this week. The porn purveyors face damages of $0, $250K, or $19.6M — what’ll it be? [ABC News]

* Poor Justice Clarence Thomas. He used to be such a “lonely kid.” Maybe that’s why he doesn’t talk much at SCOTUS these days, but he gives beautiful speeches outside the courtroom. [Worcester Telegram & Gazette]

* Cooley Law’s Temple building in Lansing was evacuated due to smoke, but no fire. It was probably just all of the hot air the administrators blow up students’ asses about their employment prospects. [MLive.com]

* This has got to be some kind of a first. Crawford Shaw, a lawyer, is withdrawing a client’s claim to a multi-million dollar lottery ticket because he can’t be bothered to argue about it. [Reuters]

* I’m going to Disney World prison! Bonnie Sweeten, the paralegal who faked her own abduction, has been sentenced to eight years for stealing more than $1M (half of which came from her law firm). [Daily Mail]

Being a justice of the United States Supreme Court is a pretty great gig. You get to attend glamorous events like Tuesday night’s State of the Union address. You get to wear a snazzy black robe on said occasions.

Sure, there’s some work involved. SCOTUS opinions can be loooong! But at least the justices have their trusty Supreme Court clerks, three dozen or so of the nation’s brightest young legal minds, to help get everything done.

Thanks to everyone who responded to our recent request for tips about law clerk hiring activity at SCOTUS. Let’s take a look at what we’ve learned, shall we?

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SCOTUS in the house at SOTU.

President Barack Obama delivered his State of the Union address this evening, and it was even less exciting than last year (which was less exciting than the year before, when the famous Obama v. Alito showdown over Citizens United took place). Tonight was light on drama — one of the most compelling moments came early on, with the arrival in the chamber of retiring Congresswoman Gabrielle Giffords — and President Obama’s speech was light on new ideas. Considering that we’re in an election year, with no major legislation likely to pass anytime soon, this shouldn’t come as a surprise.

Your Above the Law editors covered the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky.

Here’s an open thread for discussion of the address. We’ll get the party started with a few legally oriented highlights, after the jump.

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C'mon, Your Honors, look lively!

Tonight, as everyone knows, President Barack Obama will deliver his State of the Union address. The speech starts at 9 p.m. (Eastern time). For real-time reactions over Twitter, follow @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky. For a post-speech wrap-up, check Above the Law, either late tonight or tomorrow morning.

For Supreme Court nerds, here’s the perennial question: How many members of SCOTUS will show up at the SOTU? Feel free to make your guesses, in the comments.

Here’s some historical perspective to inform your speculation….

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* First the Jones verdict, then the Fourth Circuit affirmed the dismissal of Jose Padilla’s torture lawsuit. It’s enough to make ACLUers develop bipolar disorder. [Washington Post]

* Release the Kagan! The Supreme Court rejected Freedom Watch’s motion for time to argue that Justice Elena Kagan should recuse herself from the Obamacare case. [CNN]

* Biglaw problems: here’s a great round-up of 2012′s law firm lawsuits, starring Akin Gump, Crowell & Moring, Dechert, and Greenberg Traurig, to name a few. [Am Law Daily]

* After dropping a lawsuit challenging their forcible eviction from Zuccotti Park, supporters of Occupy Wall Street will go back to occupying the couches in their parents’ basements. [Bloomberg]

* Not interested in being a lawyer? Check out these suggestions for “unique” career paths (i.e., ones that you could have pursued after college, with half the debt load). [U.S. News]

* Not such a great alternative fee arrangement. A prosecutor turned solo practitioner is going to jail after accepting oxycodone pills as payment from a police informant. [Tampa Bay Times]

The Supreme Court just handed down a unanimous opinion ruling in one of the most closely watched cases of the year. All the justices agreed on the result, but diverged significantly in reasoning.

This morning, the court issued its decision in United States v. Jones. Police in Washington, D.C. placed a GPS tracking device on the car of Antoine Jones, a nightclub owner, without obtaining a warrant. The GPS device helped law enforcement link Jones to a house used to store drugs and money. He was eventually convicted and sentenced to life in prison. An appeals court later overturned his conviction.

The central issue in Jones was whether attaching a GPS device to a car (i.e., allowing law enforcement 24/7 access to a person’s movements), without obtaining a warrant first, violated the Fourth Amendment.

The case has been heralded as one of the most important privacy cases in recent memory. Wired’s Threat Level blog said Jones “is arguably the biggest Fourth Amendment case in the computer age.” Editor emerita Kashmir Hill attended oral arguments for the case back in November.

What did the justices say? The ruling might surprise you…

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Striking down the judicial precedent that established the legal supremacy of right over wrong more than two centuries ago, the U.S. Supreme Court on Wednesday overturned Right v. Wrong. The landmark reversal — a bitterly contested 5-4 decision that has been widely praised by murderers, rapists, bigots, usurers, and pro-wrong advocates nationwide — nullifies all previously lawful forms of right and makes it very difficult for Americans to make ethical decisions or be generally decent human beings without facing criminal charges.

– The Onion, Supreme Court Overturns ‘Right v. Wrong’

Many months have passed since our last report on the hiring of Supreme Court law clerks. We are getting ready to do a new report. If you have SCOTUS clerk hiring news for October Term 2012 or October Term 2013 that we have not yet reported, please email us (subject line: “SCOTUS Clerk Hiring”). In order to check whether or not we’ve already reported a particular clerk hire for OT 2012 or OT 2013, please go back and review our last hiring report before contacting us.

In the meantime, we have a special gift for you. Last July, we shared with you the Supreme Court’s official list of law clerks for the October Term 2011 (i.e., the clerks currently toiling at One First Street). We noted at the time that “this list does not include law school and prior clerkship information, which the [Public Information Office] will release later this year.”

We now have that updated list of OT 2011 Supreme Court law clerks, featuring law school and prior clerkship data, courtesy of the Public Information Office. Let’s look at the list, and count up which law schools and feeder judges sent the most folks over to One First Street….

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: The Updated Official List for October Term 2011, and a Request for Tips”

SCOTUS has spoken on S&C's screw-up.

We’ve previously written about the mailroom of death at Sullivan & Cromwell. To make a long story short (read our prior posts for the full background), a mailroom mix-up at 125 Broad Street caused an Alabama death-row inmate to miss a deadline for filing an appeal. The Eleventh Circuit rejected the condemned man’s attempt to reopen his case.

Presumably feeling bad for what had happened, S&C appealed to the Supreme Court. The firm hired a leading SCOTUS advocate — former Solicitor General Gregory Garre, now a partner at Latham & Watkins — to argue that prisoner Cory Maples shouldn’t forfeit his life because of S&C’s screw-up.

This morning, the Supreme Court handed down its ruling in Maples v. Thomas. What did the high court have to say?

double red triangle arrows Continue reading “Supreme Court Rules on Sullivan & Cromwell’s Mailroom of Death”

Morning Docket: 01.12.12

* Landmark case alert. This just in from SCOTUS: the separation of church and state even applies to employment discrimination lawsuits. Say hello to the “ministerial exception.” [New York Times]

* Paul Ceglia was fined for ignoring a discovery order. He also has to reimburse Facebook for all of its related, Biglaw legal fees. Here’s looking forward to Ceglia’s bankruptcy filing. [Bloomberg]

* “[D]emand for lawyers is declining,” but we definitely need another law school in Texas. A federal judge quit his job to become the dean of the ten millionth law school in the state. [National Law Journal]

* Joran van der Sloot pleaded guilty to the murder of Stephany Flores yesterday, but we know what most Americans are thinking. WHERE’S THE JUSTICE FOR NATALEE HOLLOWAY?!!?!?!?!! [CNN]

* Proof that Casey Anthony isn’t mentally ill: she’s been thinking of kicking Jose Baez’s limelight-loving, camera-hogging ass to the curb. Time for Cheney Mason’s takeover. [New York Post]

* Lindsay Lohan is being sued for allegedly running over a paparazzo. But really, she should be sued for thinking she can play Elizabeth Taylor. Come on, that’s just not right. [Hollywood Reporter]

* Being 15 minutes early to crucial meetings is not all that it’s cracked up to be. [The Ying-a-Ling]

* Law school fiction: possible comic gold, possible Shakespearean tragedy. Check out excerpts from Cameron Stracher’s work in progress. [The Socratic Method]

* The key for women getting ahead in 2012: working for companies that don’t discriminate against women. I mean, it’s underwhelming advice, but voting with their feet is a big thing women can do to improve gender equality in the legal marketplace. [The Glass Hammer]

* It’s a point worth emphasizing: working a full-time job while in law school and doing well at said law school are basically incompatible goals. At least in this day and age. Maybe law school was easier for the Boomers because there was less competition (from, I don’t know, women and minorities). [Constitutional Daily]

* Note that this decision in support of federalism, the subject of a new article by Professor Ilya Somin, came from a unanimous Supreme Court. It’d be nice if Republicans could remember that this election season, instead of calling every progressive a devotee of centralized authority. [The Volokh Conspiracy]

* Is anybody still using Google Plus? Any lawyers? Bueller? Frye? [Legal Blog Watch]

* “It seems no one can use dirty words, except Steven Spielberg.” Well, sh*t, I’ll be damned. Is Elena Kagan going to be the voice of reason in the Supreme Court’s FCC profanity case? [Los Angeles Times]

* Ken Cuccinelli filed an emergency motion to get Virginia’s primary ballots printed. You can’t wait three days for Perry’s hearing? It’s on Friday the 13th. You know how that’s going to go. [Bloomberg]

* The Tenth Circuit upheld a ruling to block an Oklahoma law barring the consideration of Sharia law in court decisions. If this pisses you off, go and watch Homeland. You’ll feel better. [MSNBC]

* Dewey want to join the Magic Circle? Bloody hell, of course! Clifford Chance has snagged two mergers and acquisitions partners from Dewey & LeBoeuf. [DealBook / New York Times]

* What will an LL.M. get you in today’s job market? Not a whole lot. And if you’re counting that extra year of loan debt as something of value, then you’re just a masochist. [National Law Journal]

* Heather Peters, the former lawyer suing Honda in small claims court, may be SOL because of a SOL issue. Stay tuned for the results at her second hearing later this month. [Huffington Post]