2nd Circuit
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Law Schools
Can Vermont Law School Cover Its 'Racist' Mural? Second Circuit Says Yes.
Tough luck, Kerson. -
Courts
The Woman Who Called The Police On A Black Birdwatcher For... Breathing's Case Is Going About As Well As You'd Expect
She is doing an amazing job of committing to making her side of the story worse in the public eye! - Sponsored
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Courts
You Live By The Gavel, You Get Sentenced To Prison By The Gavel
Should have just invested in Gamestop stock when you had the chance.
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Government
Second Circuit Orders Trump To Stop BSing And Hand Over His Tax Returns
Countdown to SCOTUS appeal in 3...2... -
Morning Docket
Morning Docket: 09.12.19
* Immediately after John Bolton lost his job, a true genius tweeted that he’d signed with the Patriots. It looks like he might return to Kirkland which is basically the same thing in legal circles. [National Law Journal]
* Supreme Court decides government can circumvent international law while asylum rules get litigated. Cool. [NY Times]
* Dentons just added five firms across Africa in one day. [American Lawyer]
* “Chief Counsel of Digital Citizenship” is an actual title a major company came up with for a lawyer presumably after spinning the buzzword wheel. [Corporate Counsel]
* Latest appellate judge pick was so mealy-mouthed and evasive that even the Republicans snapped at him before they’ll ultimately vote down the line to give the racist myth peddling jackhole a lifetime job. [Huffington Post]
* Former Big 4 partner gets a year for fraud. [Law360]
* What exactly would happen if California stood up for college athletes? [Sports Illustrated]
* John Hinckley seeks sentence adjustment so he can move to California and get into the music business which is a sentence no one ever expected. [AP]
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Government
Sarah Palin's Back In The News, So That Seal Has Been Opened
Her long-dismissed defamation case is back on. -
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Morning Docket
Morning Docket: 05.03.18
* “What did Rudy say? Oh. OK, so, you see, the thing is, Cohen was paid back, but through his monthly retainer so I didn’t know he was paying hush money to porn stars that I definitely didn’t sleep with because that might trigger an out in my prenup… are we done here?” [Twitter]
* A look at Biglaw firms still owed big bucks by bankrupt clients. [American Lawyer]
* Yale Law is so far ahead of the curve, they’ve got 1Ls suing Jeff Sessions. [Connecticut Law Tribune]
* A webcam is drawing attention to the osprey nest on the roof of Oregon’s Law School. Anything to keep attention off the blackface-wearing professor they still employ… [Around the O]
* In case you were looking for another reason to feel revulsion over the Washington NFL team, the cheerleaders allege the team asked them to be literal escorts for wealthy sponsors on a trip to Costa Rica… that they didn’t get paid for. [CNN]
* Which law firms boast the best legal tech game? [Legaltech News]
* The Second Circuit is bringing back the lawsuit over abuse of the no-fly list. The government allegedly dumped people on the no-fly list if they refused to be informants. [Law360]
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Courts
More Judicial Nominations From President Trump -- And More Judicial Emergencies
April brought not one but two waves of new nominees from the White House. -
Courts
Fast Times At 40 Foley: Second Circuit Drama In Zarda v. Altitude Express
This history-making case generated a slew of interesting, funny, and even snarky opinions. -
Government
Case Closed: Judge Kozinski's Retirement Stops Inquiry Into His Behavior
We may never know the full extent of what went on in the judge's chambers. -
Courts
The Latest And Greatest In President Trump's Judicial Nominations (Part 1)
Here's a rundown of where things stand, including district as well as circuit courts. -
Morning Docket
Morning Docket: 09.28.17
* Federal law enforcement’s crackdown on NCAA coaches has likely brought an end to Rick Pitino’s career. That said, we thought his career was over when we all learned that Louisville hired hookers for recruits so maybe he still has a shot. [ESPN]
* Law firm mergers continue at a record place. Yep, there’s no fundamental market weakness here at all. [Am Law Daily]
* DOJ lawyers face an unpleasant grilling at the Second Circuit. Maybe someday Sessions can disinvite judges he doesn’t want criticizing his unsupported legal theories. [Slate]
* Women losing pregnancies while detained by the administration. I’d say we’re going to look back on this era of immigration policy in horror, but we can probably go ahead and be horrified now. [Huffington Post]
* The USD Alumni Board has weighed in on the Wax/Alexander op-ed. They take a “let’s all come together” approach, which isn’t wrong as much as it seems asymmetric. When one-side throws bombs about cultural superiority, decrying divisiveness puts the onus on the wrong side side to move. [Motions Online]
* The most likely grants from the long conference. [Empirical SCOTUS]
* Here’s how you get $4 billion in punitive damages (hint: be in Texas). [Law.com]
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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. -
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
The Art Of The Possible: New York Nominees For Federal Judgeships And Prosecutor Posts
The Trump administration shows a willingness to compromise on nominees. -
Federal Judges, Politics
Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 1)
What are the chances of these folks getting confirmed? -
Morning Docket
Morning Docket: 07.14.17
* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing]
* And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner]
* In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune]
* Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department’s new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O’Scannlain of the Ninth Circuit.) [U.S. News]
* Former Ropes & Gray COO Hugh A. Simons wonders: “Are Law Firms Too Sophisticated for Their Own Good?” [Am Law Daily]
* Will law school applications see a “Trump Bump,” as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com]
* Yes, lawyers should stand up for their beliefs — but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time]
* The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing]
* Congratulations to Stephen Kane, an alum of O’Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup — which he describes as “a virtual Judge Judy.” [TechCrunch]
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Morning Docket
Morning Docket: 06.08.17
* Happy Comey Day! [Huffington Post]
* Legal operations teams are rampant, proving no one trusts Biglaw billing. [Corporate Counsel]
* Sessions ends DOJ settlements that give money to charitable causes — a common tactic in matters where identifying all specific victims would be difficult or impossible. This is played off as “helping victims” because nothing helps victims more than making sure the perpetrator feels no penalty for their wrongdoing. [ABA Journal]
* The “Mansfield Rule” tries to bring NFL thinking to a Biglaw problem. Now if we could just address all those junior associate concussions…. [Law.com]
* The American Immigration Lawyers Association is relocating its upcoming convention to get out of Texas. So the state has successfully built itself a wall — against tourism dollars. [Texas Tribune]
* DOJ asking Second Circuit to consider what Escobar means for Wells Fargo. In other words, it’s time to circle the wagons at Wells Fargo. [Law360]
* Norton Rose Fulbright considering merger. [Legal Week]
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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.