2nd Circuit

  • Image via Getty

    2nd Circuit, 9/11, Bankruptcy, Basketball, Biglaw, Deaths, Gay Marriage, Howrey LLP, Lateral Moves, Law Professors, Marijuana, Money, Morning Docket, Religion, Weddings

    Morning Docket: 07.29.14

    * The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]

    * Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]

    * Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]

    * North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]

    * If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]

    * It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]

    * Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]

    2 Comments / / Jul 29, 2014 at 8:23 AM
  • Ruth Bader Ginsburg

    2nd Circuit, 4th Circuit, Copyright, D.C. Circuit, Food, Gay, Gay Marriage, Health Care / Medicine, Immigration, Music, Non-Sequiturs, Rankings, Rape, Supreme Court

    Non-Sequiturs: 07.28.14

    * Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

    * The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

    * What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

    * Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

    * With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

    * I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

    * Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

    * The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

    * Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

    * Gaming the rankings — not just for law schools any more. [The Kansas City Star]

    * Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

    1 Comment / / Jul 28, 2014 at 5:12 PM
  • internet troll

    2nd Circuit, Bernie Madoff, Denny Chin, Federal Judges

    Federal Judge Gets Scammed By Notorious Serial Litigant

    Which federal judge just got trolled?

    12 Comments / / Jul 24, 2014 at 1:09 PM
  • Preet Bharara

  • 190px-Judge_Judy

    2nd Circuit, Benchslaps, Non-Sequiturs, Supreme Court

    Non-Sequiturs: 07.01.14

    * Judge Judy hears a case about Grindr. “Don’t pee on my leg… unless you’re into that.” [Gawker]

    * Supreme Court retirements announced! [Legal Times]

    * Most criminals don’t walk around in a giant yellow bird costume. This guy is not most criminals. [Lowering the Bar]

    * The Washington Post credits blogger Josh Blackman with coining the term “benchslap.” Professor Blackman corrected the author. Let’s get a Kickstarter going to buy her a Black’s Law Dictionary (affiliate link) so she doesn’t make this mistake again. [Washington Post]

    * The Chamber of Commerce didn’t win every case this term. But it came awfully close to perfect when it counted. [Constitutional Accountability Center]

    * If you’ve been looking to complete your collection of Second Circuit bobbleheads, behold Judge Denny Chin! If this wasn’t sponsored by the National Asian Pacific American Bar Association, I’d worry this pic was a little racist…. [Squareup]

    4 Comments / / Jul 1, 2014 at 5:03 PM
  • 125px-NorthwesternWildcats

    2nd Circuit, Drugs, Football, Labor / Employment, Law Schools, Non-Sequiturs, Pornography, Women's Issues

    Non-Sequiturs: 04.24.14

    * 5 reasons why Northwestern football won’t really unionize. [The Legal Blitz]

    * Law grad who failed the bar arrested for claiming to be a lawyer. So much for Jimmy Malone’s advice… [Albany Times Union]

    * This morning we wrote about a lawyer turned babysitter. Jane Genova has some thoughts on how this story can have a happy ending. [Law and More]

    * This is why you don’t get tattoos. [The Independent]

    * Sitting judge should be on “high” court — listed as president of three different pot-related businesses. [Las Vegas Law Blog]

    * The Second Circuit is not pleased with the secrecy of the Obama administration. [The New Republic]

    * Corporette launches a new motherhood newsletter. She’s looking for guest bloggers too if you’re passionate about these issues. [Corporette]

    * Another argument for killing law school. [The Week]

    * Kash Hill looks at a Loyola Law grad who hunts down revenge porn sites. [Forbes]

    * Lorne Michaels has a new courtroom comedy webseries starring Bob Balaban. The first episode is embedded below…

    3 Comments / / Apr 24, 2014 at 5:04 PM

    2nd Circuit, 8th Circuit, Lexis-Nexis, Trademarks, Westlaw

    On Remand: Lexis Drives West, Sues Toyota

    Years before Philadelphia’s National Constitution Center built the forty-foot high “Tower of Law” (or, as Stephen Colbert called it, “the building blocks of boring”) out of unused legal reporters, Lexis started the books’ march to obsolescence when it debuted on April 2, 1973. “Lexis,” a term the company’s president coined by combining the Latin word […]

    11 Comments / / Apr 2, 2014 at 2:28 PM
  • resume-tips

    2nd Circuit, American Bar Association / ABA, Antitrust, Canada, Department of Justice, Job Searches, Law Schools, Money, Morning Docket, Technology

    Morning Docket: 02.11.14

    * The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]

    * Sorry, Apple, but it looks like you’re going to have to keep that pricey e-books antitrust monitor after all. The Second Circuit just nixed the company’s bid to ditch Michael Bromwich of Goodwin Procter. [Reuters]

    * It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]

    * Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]

    * If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]

    0 Comments / / Feb 11, 2014 at 9:14 AM
  • Jodi Arias

    10th Circuit, 2nd Circuit, Gay Marriage, Job Searches, Law School Deans, Law Schools, Public Interest, SCOTUS, Supreme Court, Trials

    Morning Docket: 01.29.14

    * Which Supreme Court justices missed out on the State of the Union address last night? Three of the usual suspects (Scalia, Thomas, and Alito), plus Justice Sonia Sotomayor. RBG was there most of the time, except for nap time. [Legal Times]

    * You’re doin’ fine, Oklahoma! Oklahoma O.K.! The Tenth Circuit announced it’s going to fast-track Oklahoma’s same-sex marriage appeal, and it’ll be heard by the same panel of judges presiding over a very similar appeal from Utah. [News OK]

    * The American Legal Institute just named Ricky Revesz, the former dean of NYU Law School, as its new director. He’ll be “clarifying, modernizing and improving the law,” just like he kind of / sort of did with NYU’s 3L curriculum, but not really. [National Law Journal]

    * Law students, say hello to the Immigrant Justice Corps, a job opportunity brought to you by Chief Justice Robert Katzmann of the Second Circuit. Hey, the pay is pretty decent for public interest. [New York Times]

    * The results of the latest Law School Survey of Student Engagement reveal to us 1Ls are morons. Seventy percent of them are thrilled with career services, but only 45% of 3Ls feel the same way. [WSJ Law Blog]

    * She’s no George Zimmerman: Jodi Arias has a racked up a legal tab of more than $2 million, but because her artwork isn’t as hot as she is, the bill will be footed by Arizona taxpayers. [Associated Press]

    0 Comments / / Jan 29, 2014 at 9:12 AM
  • champagne glasses LF 2

    2nd Circuit, Biglaw, Federal Judges, Gay, Law Schools, Lesbians, Weddings

    Legal Eagle Wedding Watch: Winter White

    Is your office cold? Cuddle up by the fire and feel the glow of the winter wedding goodness we have for you this week!

    / Jan 24, 2014 at 3:08 PM
  • Symbol of law and justice in the empty courtroom, law and justice concept.

    2nd Circuit, Crime, Federal Judges, Gerard Lynch

    Second Circuit Did Something Incredible Last Week (If You Care About The Rights Of The Accused)

    In a sharply divided en banc decision, the Second Circuit changed the playing field for criminal defendants.

    6 Comments / / Jan 17, 2014 at 1:21 PM
  • Edward_Snowden-2

    2nd Circuit, ACLU, California, Constitutional Law, Divorce Train Wrecks, Facebook, Federal Judges, Gay Marriage, Immigration, Morning Docket, Police, Privacy, Shira Scheindlin, Social Networking Websites, Utah

    Morning Docket: 01.03.14

    * Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

    * On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

    * Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

    * “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

    * Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

    * It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

    2 Comments / / Jan 3, 2014 at 9:13 AM
  • iStock_000016301916XSmall-RF

    2nd Circuit, Benchslaps, Department of Justice, Eric Holder, Jed Rakoff, Media and Journalism, S.D.N.Y., U.S. Attorneys Offices, Wall Street, White-Collar Crime

    Judge Rakoff Rips The Government For Dropping The Ball On Financial Crimes

    Prosecutors have more or less looked the other way when it comes to the activities that sparked the financial meltdown. Judge Rakoff offers his explanation of what’s gone wrong.

    9 Comments / / Dec 17, 2013 at 3:21 PM
  • 220px-Caddyshack_poster-RF

    2nd Circuit, ACLU, David Boies, Golf, Law School Deans, Law Schools, Legal Ethics, New Jersey, Non-Sequiturs, Sports, Videos

    Non-Sequiturs: 12.09.13

    * Good news if you’re a better golfer than your buddies: if you play in New Jersey, you’re not liable when another member of your group injures someone with an errant ball hit into the proverbial lumber yard. On the other hand, you’ll have to be in New Jersey. [The Legal Blitz]

    * Hank Greenberg continues his effort to throw roadblocks in the way of the NY AG investigation into AIG. Now he’s accusing the AAG on the case of ethical lapses, which is only fair since that’s what everyone else is accusing Greenberg of. [NY Daily News]

    * It’s official: Biglaw fees are unreasonable. At least by South Florida standards. [South Florida Lawyers]

    * A Nevada judge was charged with misdemeanor manslaughter in the death of a bicyclist. If convicted, he could spend up to six months in jail. I’d like to imagine this would play out a lot like when Rorschach went to prison. [Associated Press]

    * Congratulations to Jennifer J. Johnson on being named the new dean of Lewis & Clark. Try to avoid any censorship scandals! [Lewis & Clark]

    * If you’re in NYC tomorrow evening, the New York City Bar Association is hosting a free event titled “The First Amendment in an Age of Terror” featuring Professor Jonathan Hafetz of Seton Hall University School of Law; James Goodale of Debevoise & Plimpton; Judge Robert D. Sack; Spencer Ackerman, the U.S. National Security Editor for The Guardian; and Jameel Jaffer, Deputy Legal Director, American Civil Liberties Union. [New York City Bar Association]

    * Syracuse College of Law students have an early Law Revue video for us. Strap in for a Mariah Carey parody that involves a baby getting a hatchet to the face. That sounds way darker than it really is. Video embedded below….

    4 Comments / / Dec 9, 2013 at 5:23 PM
  • Jameis_Winston_2013

    2nd Circuit, Football, Non-Sequiturs, Rape, Shira Scheindlin, Supreme Court

    Non-Sequiturs: 12.05.13

    * Florida State QB Jameis Winston was not charged with sexual assault after a nearly year-long investigation (well, it happened a year ago… it sounds like no one did much investigating at that time). What comes next? I mean aside from FSU demolishing their next two opponents. [Sports Illustrated]

    * Sadly, former South African president and civil rights leader Nelson Mandela has passed away. University of Maryland Law School, go ahead and let the world know… [CNN]

    * America’s probably unstable, definitely troubled sweetheart Amanda Bynes is coming closer and closer to a plea deal over her infamous bong toss. [New York Post]

    * A lawyer-turned-candidate provides the optimist’s guide to running for office. For the pessimist’s guide see John McCain’s, “Jesus, I Picked Who?” [Huffington Post]

    * Next week, the Court will hear argument on EPA v. EME Homer City Generation. This is why you should care. [Constitutional Accountability Center]

    * People are super mad about the NYPD’s new “Stop and Kiss” program. The program only exists in The Onion, but that doesn’t stop most people from making unsolicited, snap decisions that no one asked them to make. At press, the Second Circuit had already preemptively barred Judge Shira Scheindlin from hearing any case on the fictional program. [Gawker]

    * Speaking of the NYPD, Mayor-Elect Bill De Blasio, who ran on a platform of reforming the NYPD, has named a new police commissioner and selected… one of Giuliani’s old police commissioners. Way to go, champ! Seriously, there are law enforcement professionals out there capable of running the NYPD beyond the last couple guys who ran it. This is like buying a marquee NFL team and saying, “I hear Norv Turner is available.” [Salon]

    * Professor David E. Bernstein contributed an essay on the Lochner decision to the new book Toward an American Conservatism: Constitutional Conservatism during the Progressive Era (affiliate link). [The Volokh Conspiracy]

    * An interview with this Yale Law beatboxer. Did we mention he’s a bald Jewish kid? Well, he is. [JTA]

    * David and Elie talked to Bloomberg about bonuses. Video embedded after the jump…

    0 Comments / / Dec 5, 2013 at 5:05 PM
  • iStock_000016807530XSmall

    2nd Circuit, Fashion, Jury Duty, Law Schools, Non-Sequiturs, Sexual Harassment, Shira Scheindlin, Student Loans, Technology

    Non-Sequiturs: 11.26.13

    * Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]

    * Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]

    * Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]

    * The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]

    * Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]

    * Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]

    * Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today]

    * In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump…

    This came to us courtesy of a 2L at a T14 law school who asked to remain anonymous (click for a larger version of the image):

    3 Comments / / Nov 26, 2013 at 5:14 PM
  • Abraham Lincoln Abe Lincoln

    2nd Circuit, Bankruptcy, Barack Obama, Biglaw, D.C. Circuit, Dewey & LeBoeuf, Insider Trading, Law Schools, Morning Docket, Politics, SCOTUS, Solicitor General's Office, Supreme Court, White House Counsel

    Morning Docket: 11.19.13

    * President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]

    * Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]

    * If you want to learn how to write like the U.S. Solicitor General, you can get the “Bluebook for Supreme practitioners” right here (affiliate link) to see exactly how it’s done. [Supreme Court Brief / National Law Journal (sub. req.).]

    * The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]

    * You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]

    * Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]

    * Despite all warnings, you want to go to law school so badly that you’re reapplying. Well, we probably can’t help you much, but here are some tips. [Law Admissions Lowdown / U.S. News & World Report]

    1 Comment / / Nov 19, 2013 at 9:13 AM
  • Justice Ginsburg: But I'm a cheerleader! (Or was, back in the day.)

    2nd Circuit, Billable Hours, Non-Sequiturs, Privacy, Ruth Bader Ginsburg, Shira Scheindlin, Supreme Court

    Non-Sequiturs: 11.07.13

    * The trial of a Utah doctor accused of murdering his wife-to-be with a mistress 20 years his junior has kicked off a battle of medical experts trying to guide the jury through the competing theories about the cause of death. See, this was all easier when you could just introduce a new sister wife into the equation. [The Expert Institute]

    * Is it acceptable to interrupt Justice Ginsburg’s dinner to show her something on your phone? [Slate (second item)]

    * Case against Iowa law school for barring a student training a service dog will go forward. They should have just been happy it wasn’t a llama. [Des Moines Register]

    * This week in clever footnoting: citing The Chairman of the Board in Footnote 2 (page 17). [U.S. Court of Appeals for the Second Circuit]

    * Professor Eric Posner reviews Professor Rahul Sagar’s new book, Secrets and Leaks (affiliate link), which posits that people may be overreacting when they call for tearing down the NSA. [The New Republic]

    * Jay Edelson and his associate Chandler Givens explain why the billable hour is the first thing that must go. Don’t they mean “Reason Number 1″ to reform the legal profession? [Reuters Legal Solutions]

    * Judge Scheindlin is lawyering up, and Bloomberg looks at the various legal experts — including our own David Lat — who have spoken out about the case. Video embedded after the jump… [Bloomberg Law via You Tube]

    1 Comment / / Nov 7, 2013 at 5:04 PM