10th Circuit
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Courts
Circuit Judge Brett Kavanaugh's Ethical Violations Can't Be Adjudicated Because He Became A Supreme Court Justice Says Kavanaugh's Buddy
We can't avoid every miscarriage of justice. We can only make them harder to get away with. -
Federal Judges, Politics
Federal Judicial Nominations: A Quick Recap
The August recess offers a good opportunity to evaluate the state of play in judicial nominations. - Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
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Non-Sequiturs
Non-Sequiturs: 08.09.17
* Which justices dissent most frequently in constitutional cases? The top few probably won’t surprise you, but Adam Feldman has other interesting data too. [Empirical SCOTUS]
* A hefty — think 132 pages — ruling from the Tenth Circuit, overturning a Native American man’s murder conviction and death sentence, could have major implications. [How Appealing]
* Warm words from Eugene Volokh for his co-blogger Nick Rosenkranz, a possible Second Circuit nominee. [Volokh Conspiracy / Washington Post]
* Drew Rossow poses an interesting question: Could Your Roomba Soon Be Sucking Up Your Privacy Rights? [Huffington Post]
* Ann Althouse analysis on President Trump’s controversial “fire and fury” comments. [Althouse]
* “THE HORROR. THE HORROR. Newark Terrorized by Whole Foods.” [National Review via Instapundit]
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Federal Judges, Politics
Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 2)
These highly qualified women and men should be swiftly confirmed to the federal bench. -
Federal Judges, Politics
The Latest Legal Luminaries Nominated For Federal Judgeships By President Trump
Prominent conservatives are hailing this latest slate as "a fantastic list." -
Federal Judges, Politics
More Judicial Nominations From The Trump Administration
We were right about a number of nominees; let's look ahead to the next batch. -
Federal Judges, Politics
Circuit Court Nominees In The Trump Administration: A Nationwide Round-Up
Names, names, and more names, for federal judgeships around the country. -
10th Circuit
Case Caption Of The Week... If You Have The Mind Of A Teenage Boy
I'm not making this up, this is not a typo. - Sponsored
Document Automation For Law Firms: The Definitive Guide
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10th Circuit, SCOTUS
Supreme Court Smacks 10th Circuit DURING Neil Gorsuch Confirmation Hearing
What this case shows is that the text isn't clear AT ALL. -
Federal Judges, Money, Neil Gorsuch, SCOTUS, Supreme Court
Judge Neil Gorsuch: What's His Net Worth?
It's pretty, pretty sizable -- although it falls far short of Judge Merrick Garland's. -
Marijuana, SCOTUS, Supreme Court
Pot's Judicial Wild Card? Trump's Supreme Court Nominee And State-Legal Marijuana
What can we expect from a Justice Neil Gorsuch when it comes to state-legal marijuana? -
Morning Docket
Morning Docket: 07.28.16
* State’s Attorney Marilyn Mosby dropped all remaining charges against the three Baltimore police officers still awaiting trial in the death of Freddie Gray — a decision she called “agonizing.” [New York Times]
* Judge Paul L. Friedman (D.D.C.) ordered the release of John W. Hinckley Jr., the man who in 1981 attempted to assassinate President Ronald Reagan (and who, some argue, murdered White House press secretary James Brady). [Washington Post]
* Traci Ribeiro, a non-equity partner at Sedgwick, sued the firm for discrimination, alleging that she and other women “cannot crack the glass ceiling at Sedgwick.” [Law.com]
* A promising proposal from the Justice Department for how to deal with the law enforcement challenges presented by evidence stored in other countries (in the wake of Microsoft’s Second Circuit victory over the DOJ). [Christian Science Monitor]
* “Is fake burping in gym class enough to get a seventh-grader arrested?” Professor Noah Feldman analyzes an interesting new Tenth Circuit ruling. [Bloomberg View via How Appealing]
* Judge Janet Bond Arterton: sorry, Principal National Life Insurance Co., but you can’t escape paying out on the $10 million life insurance policy you issued to a law firm partner just because he died 15 months after the policy’s issuance. [Law.com]
* For folks finishing up the bar exam today, some advice from former ABC News president (and former SCOTUS clerk) David Westin: it’s okay to walk out of there early. Good luck! [Big Law Business]
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Morning Docket
Morning Docket: 04.12.16
* Howrey doing with all those profit clawbacks for unfinished business? The bankruptcy trustee for this defunct firm filed an appeal with the Ninth Circuit to determine whether his method of collecting cash for the insolvent firm’s estate was legal, and in an amicus brief, the ABA has sided with the law firms being bilked for funds, saying such efforts must be nixed. [ABA Journal]
* The Tenth Circuit dismissed a challenge to Utah’s ban on polygamy that was brought by TLC’s “Sister Wives” family, saying they didn’t have standing to sue as they were no longer subject to a credible threat of prosecution. This will probably add fuel to the rumors that the show is on the verge of cancellation before Season 7. [WSJ Law Blog]
* The SEC has charged Texas Attorney General Ken Paxton in connection to a stock scam involving tech company Servergy. Paxton allegedly assisted the company with raising investor funds, but never disclosed his commissions. With three pending criminal indictments and a bar complaint, this guy is batting 1000. [Dallas Morning News]
* Reclaim Harvard Law protestors who have been occupying the school’s student center claim that they found a voice-activated recording device in “Belinda Hall,” and have interpreted this as an “intentional effort to surveil [their] movement.” If your goal was to get people to listen to your message, consider this an achievement unlocked. [Observer]
* If you’re uncertain about your law school decision, you can certainly put down multiple seat deposits, but we’re not sure why you would want to. By all means, start your legal education by putting yourself into debt — you’ll be off to a great start for the six figures of loans you’ll have accumulated by graduation. [Law Admissions Lowdown / U.S. News]
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10th Circuit, Benchslaps, Federal Judges, Neil Gorsuch
Benchslap Of The Day: No More Mr. Nice Guy
"At some point, this court has a duty to do more than observe, record, and warn. It has a duty to act." -
Non-Sequiturs
Non-Sequiturs: 02.10.15
* 12 Things Every Lawyer Should Learn From Saul Goodman. [LinkedIn]
* The 10th Circuit had so much trouble wading through a federal statute they had to diagram the sentence. As the opinion notes, “[t]hat bramble of prepositional phrases may excite the grammar teacher but it’s certainly kept the federal courts busy.” If you want to see the whole opinion, it’s here. [Lowering the Bar]
* Meet your King v. Burwell plaintiffs! It’s actually kind of sad. Like the guy paying $655/month on health insurance who could be paying $62.49/month but won’t because Obama is a secret Muslim or something. [Jezebel]
* A guide to cybersecurity for lawyers. If this interests you, come to our conference March 18, to see the author, Leeza Garber, participate in a panel on privacy. [Capsicum Group]
* Speaking of cybersecurity, hackers hit Anthem Insurance pretty bad. At least the company is handling the data breach well. [LXBN]
* New evidence reveals that the victims of lynchings in the South were much higher than previously assumed. Thankfully, racism is over according to the Supreme Court. [Gawker Justice]
* After introducing you to J.Ko, the Harvard Law rapper, it seems his website is now password protected. Aw. Come back, J.Ko! This is what free publicity looks like. [Harvard Rapper]
* Maybe there is a role for Millennials to play in ending unpaid internships. They won’t take it of course, but there’s a role out there to be played. [Law and More]
* Geopolitics explained simply. Shearman’s Richard Hsu talks to Dr. Pippa Malmgren, author of Signals (affiliate link). [Hsu Untied]
Meanwhile, that sentence diagramming opinion discussed earlier is available on the next page….
https://www.scribd.com/doc/255322959/United-States-v-Rentz
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10th Circuit, Bankruptcy, Biglaw, Dewey & LeBoeuf, Gay, Gay Marriage, Gender, Law School Deans, Law Schools, Morning Docket, Rankings, SCOTUS, Supreme Court, Women's Issues
Morning Docket: 08.07.14
* Let’s get ready to rumble! Not wanting to be left out of the party, Oklahoma has also asked the Supreme Court to take a look at its same-sex marriage statute which was recently slapped down by the Tenth Circuit. [National Law Journal]
* Dewey know what financial restructuring adviser Joff Mitchell of Zolfo Cooper said to this failing firm’s partners right before it flopped for good? “Look, there is no way here to save this firm.” Ouch. That had to have sucked. [Forbes]
* The examiner who was appointed to monitor law firm billing for the City of Detroit’s bankruptcy is now questioning Dentons’ fees of up to $27K per month to talk to the press. Whoa there… [Detroit Free Press]
* Working Mother and Flex-Time Lawyers have released the latest ranking of the Top 50 Law Firms for Women. Vivia Chen feels “a bit dirty” after reading the list — and you probably should, too. [The Careerist]
* Leisure Suit Larry’s successors are here to stay for a while: Case Western Reserve Law’s co-interim deans will stay on in their current positions for the upcoming school year. [Crain’s Cleveland Business]
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10th Circuit, Biglaw, Celebrities, Gay Marriage, Job Searches, Lindsay Lohan, Morning Docket, Partner Issues, SCOTUS, Supreme Court, Utah, Video games
Morning Docket: 07.10.14
* Utah is appealing its gay marriage case directly to the Supreme Court, presumably because the state’s attorney general doesn’t even want to bother with an en banc hearing before the Tenth Circuit. This should be good. [Salt Lake Tribune]
* Perkins Coie recently appointed its first ever Washington, D.C.-based managing partner in its 102-year history. Congrats to John Devaney, who will lead a “true national firm” beginning in January 2015. [Capital Business / Washington Post]
* When your career goes awry in Biglaw through no one’s fault but your own, you can end up living your life in shame or in jail. We’re going venture a guess and say the former is nicer than the latter. [Am Law Daily]
* How can law school graduates obtain law work experience? Simple. Get on your knees and learn how to please. Just kidding. Take some advice from this “poorly written” article instead. [CollegeRecruiter.com]
* Everything about Lacey Jonas from Grand Theft Auto V is so Lindsay Lohan-esque that she should totally win her lawsuit. Just take it from someone who’s “no legal expert, but know[s] [her] tabloid stars.” [TIME]
* Need a break from bar exam studying? Searching for something to do as a summer associate? Are you an attorney in need of fun? Come to tonight’s trivia event! All are welcome, sign up here. [Above the Law]
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10th Circuit, Bar Exams, Gay Marriage, Health Care / Medicine, Labor / Employment, Law Schools, Non-Sequiturs, Supreme Court
Non-Sequiturs: 06.30.14
* For all of you gearing up for the bar exam, take heart that failure isn’t the end of the world. At least if you fail with a last name like “Roosevelt” or “Kennedy.” [Buzzfeed] * Hobby Lobby may be behind us, but there are still anti-ACA cases on the horizon. [The Advisory Board Company] * Morning Docket noted Neal Katyal’s op-ed suggesting the Supreme Court was less divided these days. Consider this a detailed response. [mitchellepner] * Thoughts on Kitchen v. Herbert. [Pollvogtarian] * The great unpaid internship revolt is on. And based on Harris, we should expect the working stiff’s got a great chance here. [Capital New York] * Some right-wing college paper is bent out of shape that a full law professor teaching one class (and running a clinic) is paid over $200,000. That salary actually doesn’t sound all that shocking. Now what would be interesting (though these folks probably wouldn’t care) is how that salary stacks up to his female colleagues’ pay. [The College Fix] * Ever see Jimmy Kimmel’s “Celebrities Read Mean Tweets” sketch? Here’s video of professors reading mean evaluations… [TaxProf Blog] -
10th Circuit, Baseball, Biglaw, Crime, Gay Marriage, Morning Docket, Patents, Plaintiffs Firms, Tax Law, Technology, Utah
Morning Docket: 06.26.14
* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times]
* “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek]
* Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal]
* When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch]
* William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]
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10th Circuit, Celebrities, Constitutional Law, Gay Marriage, Job Searches, Law Schools, Morning Docket, NALP, National Association for Law Placement (NALP), Social Media, Sports, Trademarks, Twittering, Utah
Morning Docket: 04.11.14
* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]
* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]
* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]
* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]
* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]