Supreme Court

* The world’s largest Harry Potter memorabilia collection belongs to a lawyer. His patronus is a shimmering gavel. [The Telegraph]

* The FCC has ended the sports blackout rule. Expect the NFL to go bankrupt within days. [Politico]

* No one expects to see “lawyer” on a Top 20 Work-Life Balance list, but there is one legal job out there coming in at number 11. [Glassdoor via Adjunct Law Prof Blog]

* Want to expose the severe problems of the over-criminalization of everything? Everyone with a warrant turn themselves in on one day. Call it “Warrant Day.” See how the system copes logistically and financially when all those citations come home to roost all at once. [Street Roots]

* Russia’s equivalent of Chief Justice Roberts advocates a return to serfdom. Now there’s an originalist! [Business Insider]

* Bow Tie Law talks about the role of discovery software in the duty of lawyers to review documents. Because document review is “legal work” when it’s about paying people a livable wage and “computer work” when it isn’t. [The Everlaw Blog]

* Before we get wrapped up in the cases the Supreme Court will decide, let’s remember all the cases it won’t decide. Because “we can tell a lot about what the court cares about—and what it doesn’t” from its cert decisions. [Slate]

* Ha. After today’s story about the debt mistakes of Lisa S., here’s the cautionary tale of one “Elie M.” [Law and More]

* Elizabeth Garrett, USC Provost, will become the next president of Cornell. Garrett will also be a tenured faculty member at Cornell Law School and is bringing along her husband, Andrei Marmor, who will also join the law school. See, this is how you hire administrators: get someone willing to do double-duty with teaching! [Cornell Chronicle]

Every law talkin’ guy is weighing in on the Supreme Court’s decision to restrict early voting in Ohio. The decision broke down 5-4, along predictable party lines. The same five justices who gave corporations a blank check to buy elections, the same five justices who decided to declare racism over in the South, decided to stay the restriction on Ohio preventing the state from scaling back early voting from five weeks to four weeks. No opinion was given, but it’s likely that the conservative justices applied a narrow reading to voting rights protections under the Equal Protection clause and Section 2 of the Voting Rights Act, according to Professor Rick Hasen. Shocker.

I get it, politically. It’s obvious that Democrats feel like their electoral chances are enhanced by allowing everybody to vote as easily as possible. It’s also obvious that Republicans feel like their chances at the polls are better if fewer people vote and richer people have more influence. That’s politics. Census 2020, bring your pitchforks.

But Supreme Court justices are supposed to be above petty politics. And even though we know that they are not, what is the ideological advantage of being against voters? Their jobs are unassailable. They are unaccountable to the people. Why then make it harder for “the people” to elect who they want?

double red triangle arrows Continue reading “Why Do Conservative Justices Hate Voters?”

SCOTUS broke this Con Law nerd’s heart.

We should realize that this is an emperor that truly has no clothes. For too long, we have treated the Court [a]s if they are the high priests of the law, or at least as if they are the smartest and best lawyers in society.

Erwin Chemerinsky, preeminent constitutional law scholar and dean of the UC Irvine School of Law, writing in what Robert Barnes of the Washington Post refers to as the academic’s “break-up note” to the Supreme Court. In his new book, The Case Against the Supreme Court (affiliate link), Chemerinsky notes that “[t]he court has frequently failed, throughout American history, at its most important tasks, at its most important moments.”


Amanda Bynes

* “[T]he ‘superstar’ model of Supreme Court advocacy marketing is prevailing”: recent Supreme Court litigation has been dominated by Biglaw and boutiques, and five of them handled about half of last term’s cases. [WSJ Law Blog]

* It’s not a “done deal” yet, but Albany Law School is in serious talks with the University at Albany to form an affiliation by the end of the year. There’s been no word on whether Albany Law would remain a stand-alone school under the yet-to-be inked arrangement. [Albany Business Review]

* The dismissal of lawsuits concerning allegedly deceptive employment statistics at several Chicago-area law schools was affirmed by an Illinois appeals court. ::insert sad trombone here:: [National Law Journal]

* If you’re still thinking about applying to law school for some reason, you might find these tips on what not to write in a personal statement to be useful. [Law Admissions Lowdown / U.S. News & World Report]

* Amanda Bynes, one of our favorite fading starlets who was already on probation, was arrested this weekend on a DUI charge after stopping her car in the middle of an intersection. [Los Angeles Times]

* Well here’s a headline: My Solo Practice Ended My Marriage. [Law Firm Suites]

* Pennsylvania Attorney General claims officials sent and received porn via state email accounts for years, “including top state jurists and 30 current employees of the state Attorney General’s Office.” If the AG’s office is swapping porn at all hours, somehow the whole “systematic blind eye to Penn State” thing makes more sense. [Associated Press via Lehigh Valley Live]

* Interesting argument for law schools to adopt the Montessori method “in the mindset of professors, in classroom management, in physical building design, and in radical curricular reform.” Law school deans’ eyes glazed over until they heard “physical building design” and recognized the potential for more spending. [TaxProf Blog]

* Here come the litany of Supreme Court previews. Most of them will focus on stuff like gay marriage. But this one gets to the sexy stuff, like FLSA regulations. [Federal Regulations Advisor]

* Oh look, the government made a rule that will ultimately accomplish nothing! That’s so cute. [CNBC]

* Prominent lawyer marries actor. Well played. [Jezebel]

* Boalt 3L builds app to “add the features Westlaw forgot.” Westlaw didn’t forget, they were just crowdsourcing. [The Recorder]

* Another review of Supreme Ambitions (affiliate link), David Lat’s forthcoming novel. [Indiana Law Blog]

Justice Ruth Bader Ginsburg

If there was one decision I would overrule, it would be Citizens United. I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be.

– Justice Ruth Bader Ginsburg, explaining the reasons why she thinks Citizens United was one of the worst Supreme Court decisions of recent times, after being asked her opinion in a wide-ranging interview with Jeffrey Rosen of the New Republic.

(What do you think is the worst SCOTUS ruling in recent memory? Tell us.)

* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]

* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]

* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]

* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]

* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]

* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]

* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]

* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]

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Can you identify this guy?

* Quiz: Can you match the picture of the plaintiff to the landmark Supreme Court decision? [Slate]

* Ninth Circuit expedites Ed O’Bannon appeal. [USAToday]

* New NBC comedy about a law student who becomes a garbage man. Better job security, I suppose. [The A.V. Club]

* The federal prison population declined by about 4800 inmates, giving the United States… well, still the worst incarceration rate in the world, but hey, you’ve got to start somewhere. [ABC News]

* The contract attorney who sued Biglaw is living in his car and considering a career in construction. Perhaps it was a Freudian thing. [Law and More]

* Some philosophy professors are concerned about an individual getting very testy with perceived critics. Anyone want to guess the individual? [Professor David Velleman Homepage / NYU]

* In case you missed it, Howard Bashman’s announcement of our new partnership. [How Appealing]

* Middle school convinces special needs girl to allow suspected rapist to take her into a bathroom so the school can “catch him redhanded.” She gets raped. Judge dismisses the lawsuit saying he wouldn’t “second-guess” school officials. [Al.com]

Laurence Tribe

On Monday night, the Young Lawyers division of the UJA-Federation of New York hosted Professor Laurence Tribe to speak about his career, the Supreme Court, and the importance of approaching the law as “a profession rather than a business arrangement.”

Professor Tribe also had an opportunity to comment on Justice Ginsburg and Supreme Court retirements, Citizens United, the mood of the Court, and the recent controversy around his support for the California teacher tenure lawsuit.

…and I got a chance to have some first-rate cookies and rugelach. So an all-around success.

double red triangle arrows Continue reading “Professor Laurence Tribe Calls Out Biglaw Pro Bono And Shares His Take On The Roberts Court”

Justice Ruth Bader Ginsburg

Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.

– Justice Ruth Bader Ginsburg, commenting on when we can expect her to retire, in an interview with Elle. The full interview is in Elle’s October issue.

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