Supreme Court

Limited discovery: NOW!

* Exciting news: Justice Sonia Sotomayor will be leading the countdown on the New Year’s Eve ball drop in Times Square. She’ll be the first SCOTUS justice to perform the task. You go girl! [New York Times]

* Blank Rome and Nixon Peabody are reportedly in merger talks, but one firm’s managing partner says he “talk[s] to firms all the time,” it’s no big deal. No word on what guys from his high school do. [Reuters]

* Sorry, Quinn Emanuel, but this limited discovery thing is going to happen. Judge Ronnie Abrams recently slapped down the firm’s attempt to appeal her MTD denial in this contract attorney’s suit. [Am Law Daily]

* A state court judge from Texas stands accused of strangling his girlfriend over the balcony of his apartment and threatening to “f**king kill [her].” Romance in Texas has certainly got some of that je ne sais quoi. [Dallas Morning News]

* A legal soap opera? An ex-prosecutor whose relationship with a judge landed her lover in hot water was found dead in her home hours after a judicial misconduct ruling came down. R.I.P. [Reno Gazette-Journal]

* Take a look back at the legal profession’s year that was: from the highest of highs in gay marriages to the lowest of lows in law school enrollment, 2013 was a year for the record books. [National Law Journal]

Somewhere between the next two and six years, the court will be ready to do it, assuming the composition of the court does not change.

– Professor Michael J. Klarman of Harvard Law School, author of From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (affiliate link), commenting to the New York Times about when the U.S. Supreme Court might vindicate marriage equality nationwide.

(An amusing quip from another law professor, after the jump.)

double red triangle arrows Continue reading “How Long Until SCOTUS Finds A Constitutional Right To Same-Sex Marriage?”

The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. We still have to crown our Lawyer of the Year for 2013.

Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of ten. As in past years, the contenders run the gamut from distinguished to despicable.

And the nominees are…

double red triangle arrows Continue reading “Above the Law’s 2013 Lawyer of the Year Contest: The Finalists!”

* The Tenth Circuit will not be blocking same-sex marriages from occurring in Utah, so the next stop will be Supreme Court intervention. Sorry, but we have a feeling that Justice Sonia Sotomayor isn’t going to be too helpful with that. [MSNBC]

* Winston & Strawn, if you’re overbilling on pro bono motions and you want fees, you might want to be more descriptive. Please tell this judge what “preparation for filing” even means, and why you spent more than four hours doing it. [New York Law Journal]

* This judge felt she was “being played with,” so she took a man’s kid away from him during Christmas. Now a judicial ethics commission is showing her that it’s not one to be played with. [Texas Lawyer]

* Yay, happy news! Chapman Law’s associate dean for student affairs really takes her job responsibilities to heart. She’s performed several wedding ceremonies for both students and alumni. [National Law Journal]

* The Indian diplomat who got strip-searched was arrested over a silly mistake, says her lawyer. It’s too bad that a lack of reading comprehension can result in having to bend over and spread ‘em. [Bloomberg]

Ed. note: Merry Christmas! We will resume our normal publication schedule on Boxing Day. We hope you have a wonderful holiday, and we thank you for your readership.

* Adoption, probate, and Elf. You know what child welfare really needs to look into is leaving kids to be raised in a sweatshop; that seems like a much bigger problem than an intestate parent. [The Legal Geeks]

* Were you looking for analysis of the Supreme Court’s decision in Kansas v. Cheever, but don’t have time to commit to a full article? Here it is in Haiku. [Supreme Court Haiku]

* Man declared a “quarrelsome litigant.” What’s the threshold for that moniker? Well, he filed a case against the Dominican Republic for “bad weather.” [Lowering the Bar]

* The Top 5 arrests of guys dressed as Santa. [Legally Weird]

* Professor Barry Sullivan of Loyola-Chicago explains how A Christmas Carol shaped his legal philosophy. And yet, if one were to pick one Dickens book to prepare a young lawyer for the profession, a better bet would be Bleak House (affiliate link). [TaxProf Blog]

* Happy anniversary to the Curt Flood case! [Lawyers, Guns & Money]

Edward Snowden

* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

* Hughes Hubbard & Reed is doing its part to help fulfill wishes made in children’s letters to Santa at a time when the Post Office’s Operation Santa program is in desperate need. So to all you other Biglaw firms, the ball’s in your court. [USA Today]

* Judge Timothy Black cited Justice Scalia’s dissent to reject Ohio’s gay marriage ban. I’m sure this is a cite that warms the justice’s heart. [Associated Press]

* Professor Pam Karlan is off to become Deputy Assistant Attorney General for Voting Rights. Here’s the last article of the preeminent voting rights expert in her old role as a commentator at the Boston Review describing strange SCOTUS bedfellows. Good luck in the new job! [Boston Review]

* Good news for Florida lawyers! The Florida Bar has revoked its opinion banning LinkedIn endorsements and recommendations. Go back to patting each other on the digital back. [IT-Lex]

* Realtors are getting sued for using a home as a sex pad. Strangely enough, this isn’t even the first time we’ve talked about this at Above the Law. [New York Magazine]

* Do you have to work over vacation? Probably, but it’s worth researching. [TaxProf Blog via Corporate Counsel]

* We shouldn’t have been so surprised by the affluenza defense because North Texas is basically one big monument to the concept. [New York Times]

* Here’s an infographic showing the most popular TV show set in each state. What legal shows make the list? [Business Insider]

* The top 10 most ridiculous lawsuits of the year. Apple porn guy clocks in at a mere number 10? Outrage! Bigger outrage: they ultimately link to the HuffPo write-up of… the original Above the Law piece. Why no direct link, hm? Video embedded after the jump… [Faces of Lawsuit Abuse]

double red triangle arrows Continue reading “Non-Sequiturs: 12.23.13″

The media has toppled a barrel of digital ink on the issue of Justice Ginsburg’s insistence on retaining her seat on the Supreme Court. Above the Law has even mentioned it once or twice or thrice. Like any other conventional wisdom story emanating from inside the Beltway, someone raised the issue, Justice Ginsburg said “no,” and then scores of pages were written explaining how she was wrong. And now, as that’s played itself out, scores of pages are going to be written taking the stance that maybe Justice Ginsburg… isn’t wrong?

Well, she is wrong, and bucking the trend of conventional wisdom makes for fun thought experiments, but isn’t as helpful when it comes to discrete, short-term decision-making. The thinking is all too clever by half and should be heaved onto the bonfire of civil liberties Scalia has cooking in his mind….

double red triangle arrows Continue reading “Justice Ginsburg Shouldn’t Retire, Says Too-Clever-By-Half Article”

Nose candy for pimps.

* An NSA review panel thinks the Chief Justice of the United States shouldn’t be the only one appointing judges to the FISA Court. We imagine John Roberts is pulling a Stuart Smalley. Don’t worry, you’re good enough. [Blog of Legal Times]

* Sadly, Amy Schulman, one of America’s most influential lawyers and best-paid general counsel, is out at Pfizer. After leading the charge against outside counsel’s hourly billing, we doubt she’ll head back to DLA Piper. [Corporate Counsel]

* Scott Bloch, former head of the Office of Special Counsel in the GWB administration, allegedly hated gay staffers so much he shipped them to Detroit. That settles it: he really hated them. [Blog of Legal Times]

* Sen. Elizabeth Warren proposed a bill that would ban all private employers — except the government — from running credit checks on new hires. Let’s go rack up some credit card debt! [National Law Journal]

* Law schools are facing enrollment problems, but Boalt Hall and Santa Clara Law saw the size of their entering classes rise. Flooding the entry-level job market continues to be celebrated. [The Recorder]

* “Yes — I do share nose candy with these girls. For free. For my personal use, OK?” Pro se litigants say the darndest things. Good thing this guy got an attorney before things got worse. [Albany Times Union]

Law school’s epitaph?

* “No one calls me Justice Sotomayor and no one calls Justice Kagan Justice Ginsberg. It’s an exhilarating change.” Back in the day, people used to mistake the Notorious RBG for Justice Sandra Day O’Connor. How rude. [WSJ Law Blog (sub. req.)]

* Eversheds, the national U.K. law firm that sounds like it’s an outdoor storage emporium, has elected a new chairman. Congrats to Paul Smith, who specializes in environmental law, and will begin his four-year term on May 1. [Am Law Daily]

* In his last year of service, California Treasurer Bill Lockyer will moonlight in Brown Rudnick’s Irvine office. Critics think this move “looks and smells bad.” If it’s brown, flush it down? [Bloomberg]

* Down 11 percent from last year, this fall, law schools enrolled the fewest amount of students since 1975, when there were only 163 ABA-accredited schools. Too bad tuition’s still so high. [National Law Journal]

* Aaron Hernandez is now facing a wrongful death suit filed by Odin Lloyd’s family. Without anything else to say about this sports-related legal news, here’s a picture of Elie Hernandezing. [Associated Press]

* George Zimmerman is an artiste extraordinaire, and one of his paintings is currently for sale on eBay where the price has been bid up to $110,100. The guy’s almost as talented as George W. Bush. [CNN]

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