1st Amendment

Non-Sequiturs

Non-Sequiturs: 08.10.16

* "NEW CIVILITY WATCH: Dem Senate candidate and former Ohio Gov. Ted Strickland: Scalia's death 'happened at a good time.'" [Instapundit] * A Skull and Bones society for top NYC law firms? Professor Rick Swedloff discusses a secretive group whose membership includes some of Biglaw's biggest names. [SSRN] * A notable new petition (filed by Professor Orin Kerr and Marcia Hofmann) in a high-profile appeal about the Computer Fraud and Abuse Act. [Volokh Conspiracy] * Donald Trump's infamous "Second Amendment" quip is protected by the First Amendment -- but just barely, according to Professor Noah Feldman. [Bloomberg View via How Appealing] * Jury consultant Roy Futterman of DOAR wonders: is concern about prejudicing jurors actually driving them to using the internet for decision-making? [Big Law Business] * Could the ABA someday lose its power to accredit law schools? Steven J. Harper thinks its day of reckoning is coming closer. [The Belly of the Beast]

By David Lat
Morning Docket

Morning Docket: 01.12.16

* Based on reading the oral-argument tea leaves, it sounds like the Supreme Court is about to school the teachers' unions (and public-sector unions more generally). [How Appealing] * Ring in the new year by making the register ring: a slew of Biglaw firms have secured (presumably lucrative) engagements working on the proposed $32 billion merger between drug makers Shire Plc and Baxalta Inc. [American Lawyer] * By a vote of 82-6, and after a wait of more than 400 days, the Senate just confirmed Judge Luis Felipe Restrepo to the Third Circuit, making him the first Hispanic federal judge from Pennsylvania to sit on that court. [Associated Press] * Good news for fantasy-sports fans: it's not (yet) "game over" for DraftKings and FanDuel, thanks to a stay issued by a New York appellate court. [Bloomberg News] * And bad news for student-loan-saddled law grads (like our own Shannon Achimalbe) who were hoping that SCOTUS might make it easier to discharge such debts through bankruptcy. [Wall Street Journal via ABA Journal] * Does Sean Penn face legal risk for his interview of El Chapo, the infamous Mexican drug lord? [ABA Journal] * A former federal prosecutor just secured a six-figure settlement and reinstatement from the Justice Department. [National Law Journal] * U.S. Attorney Preet Bharara -- who came so, so close to winning Lawyer of the Year honors -- announced that Governor Mario Cuomo is off the legal hook for his controversial shutdown of the Moreland Commission, a panel aimed at investigating public corruption. [Law360] * Avvo is starting to roll out a service featuring fixed-fee, limited-scope legal services through a network of attorneys (and Bob Ambrogi has the scoop). [Law Sites] * Professor Peter J. Henning explores the implications of the end of the government case against hedge fund magnate Steve Cohen. [DealBook / New York Times]

By David Lat
Non-Sequiturs

Non-Sequiturs: 10.07.15

* How are law firms winning new clients? Check out the details of a new study. [Business of Law Blog] * Which law school lays claim to the very best piece of swag? [TaxProf Blog] * Oh, the lengths people will go to keep the 10 Commandments on public property. Good news for lawyers, lots of litigation ahead. [Wonkette] * Can you safely handle some side action? Or are you a goodie-goodie ill-equipped for danger? [Law and More] * Regrets? He has a few. Meet the former congressman that created the law to restrict research into gun violence, but wishes he hadn't. [Huffington Post] * Bad news: your right to a sex party is not protected by the Constitution. Stupid founders' intent. [Jezebel]

By Kathryn Rubino