4th Circuit
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Morning Docket
Morning Docket: 05.09.17
* Littler acquires UK firm, marking their third European deal in the last year and a half. That’s very interesting. Or should I say, “that’s vereinteresting.” No? OK, that’s very interesting. [Am Law Daily]
* Miami firms shepherd the $60 million sale of “Jungle Island.” So when the Velociraptors start rampaging through South Beach, don’t say we didn’t warn you. [Daily Business Review]
* Five hypotheticals posed by the Fourth Circuit in its travel ban hearing. Spoiler: some of them are incredibly stupid. [Law.com]
* Bill Clinton is writing a thriller with James Patterson entitled “The President Is Missing.” In the end they find the president campaigning in the Rust Belt which is where no Democrat bothered to look. [Huffington Post]
* Dentons partner launches campaign for lieutenant governor in California. [The Recorder]
* Meanwhile, Morgan Lewis partner David I. Miller is in the running for the SDNY U.S. Attorney gig which would put him in charge of looking the other way in most cases of financial crime. [Law360]
* Judge holds company publicly accountable in waterslide decapitation. But the real story here is, as always, just how terrible Kansas is. [Litigation Daily]
* How Michigan uses the law to trap people in poverty. [Jalopnik]
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Morning Docket
Morning Docket: 05.05.17
* A Magic Circle firm sees two New York banking partners disappear. [Big Law Business]
* A Biglaw partner cuts a deal with the SEC over allegations that he acted as a conduit for improper campaign donations, paying $95,000 and admitting no wrongdoing. [ABA Journal]
* Being general counsel of Uber is a fascinating job because the company constantly confronts legal and regulatory issues — the latest being a Justice Department probe into its “Greyball” software tool. [New York Times]
* An interesting interview by Casey Sullivan of Hogan Lovells partner Neal Katyal, now tied with Thurgood Marshall as the minority lawyer with the most Supreme Court arguments. [Big Law Business via How Appealing]
* A preview of next week’s argument in the Trump travel ban case before the en banc Fourth Circuit (down a member because Judge J. Harvie Wilkinson is the father-in-law of acting solicitor general Jeffrey Wall, who’s arguing the case). [Law.com]
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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.
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4th Circuit, Supreme Court
Read Judge Davis's Powerful Opinion Vacating The Gavin Grimm / Virginia Transgender Bathroom Injunction
When it comes to combatting injustice, "the judiciary’s response has been decidedly mixed." -
Non-Sequiturs
Non-Sequiturs: 12.15.16
* The jury deliberated for just two hours before convicting Dylann Roof of the Charleston church murders. [The Daily Beast]
* Tables turned: how Judge Jed Rakoff (S.D.N.Y.) got the Second Circuit, which normally reviews his judgments, overturned. [Bloomberg BNA]
* Keith Lee takes a deep dive into newly released law school data (the ABA 509 disclosures). [Associate’s Mind]
* Eugene Volokh breaks down a new Fourth Circuit ruling that protects the right of police officers to criticize department policies on Facebook. [Volokh Conspiracy]
* David Lander evaluates the pluses and minuses of law schools relying upon adjunct professors to fill curricular gaps. [PrawfsBlawg]
* What variables best explain the decisions of the Roberts Court? [Tennessee Law Review via Hangley Aronchick]
* Check out Womble Carlyle’s new podcast, Bulldog Bites. Says host Mark Henriques, “I promise it won’t feel like work. If you don’t learn something, hopefully you’ll laugh with us about something.” [Womble Carlyle]
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Morning Docket
Morning Docket: 08.26.16
* As a teenager, Richard Posner was fond of the phrase “The Poze knows.” In other news, Richard Posner was an insufferable teenager. [WSJ Law Blog]
* Layoffs are coming! At least that’s what this analyst thinks. [Am Law Daily]
* Law school dean beats charges that he beat professor. Or “squeezed” him anyway. [Law.com]
* The evolution of the Fourth Circuit. [MSN]
* Alabama passes a law requiring students to learn cursive. Tough educational stance for a state that continues to call evolution controversial. [NPR]
* France’s top court will hear the stupid Burkini ban case. [Yahoo!]
* Another day, another humiliating loss for unpaid interns. [Courthouse News Service]
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Morning Docket
Morning Docket: 06.01.16
* The Justice Department is seeking a stay of Judge Andrew Hanen’s benchslap and order of ethics training while it appeals the ruling — a ruling the DOJ says could cost approximately $5 million to $8 million to comply with. [Texas Lawyer]
* Cheryl D. Mills, chief of staff to Hillary Clinton at the State Department, wishes that the issue of Clinton’s private email server “had been something we thought about.” [New York Times]
* Jim Lewis, counsel to Sigfredo Garcia, the man charged last week with the murder of Professor Dan Markel, maintains that Garcia had “had nothing to do with” the crime. [Tallahassee Democrat]
* Former attorney general Eric Holder says NSA whistleblower Edward Snowden performed a “public service” by sparking a debate over government surveillance — but still must pay a price for his illegal actions. [CNN]
* The Fourth Circuit holds that the police don’t need a warrant to obtain a person’s cellphone location data. [How Appealing]
* In other Fourth Circuit news, the court won’t go en banc to rehear its prior ruling in favor of the Obama Administration’s policy that transgender students are protected under existing civil rights law (aka the “transgender bathroom case”). [BuzzFeed via How Appealing]
* Those unsealed Trump University documents we mentioned yesterday? They don’t put the Donald in the best light. [New York Times]
* And Donald Trump isn’t getting much financial love from the legal community, as measured by campaign contributions (c’mon, Jones Day lawyers, help your client out). [American Lawyer]
* Judge Joseph Portelli of New Jersey, recently reprimanded for alleged inappropriate comments to counsel, gets renominated to the bench. [ABA Journal]
* Legal Eagle Wedding Watch: congratulations and best wishes to acclaimed novelist (and Dentons partner) Scott Turow and fellow lawyer Adriane Glazier — who first met when he interviewed her years ago for a summer associate gig. [New York Times]
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Benchslaps, Federal Government
Benchslap Unloads On District Judge For History Of Screwing Up Trials
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White-Collar Crime
An AUSA Would Like His Time To Be Worth More Than Ted Olson's; Or, DOJ's New Appellate Threat So It Can Avoid Work
Spending any time actually "lawyering" should demand a high price for federal prosecutors. -
Non-Sequiturs
Non-Sequiturs: 08.06.15
* A reminder to stay safe when you watch the GOP debates tonight — drinking games can seriously jeopardize your health. [Raw Story]
* The Washington NFL team has filed a notice of appeal to the Fourth Circuit over their canceled trademark registrations as they move their failure off the field and into the courts. [Bloomberg BNA]
* Penn State unveils a new logo. Critics call it a “hypnotized dog looking at cupcakes,” but it actually looks more like the vacant stare of someone who has seen something but refuses to tell authorities about it. [TaxProf Blog]
* How to take good notes. Apparently, “actually take notes” is the first step. Good to know. [Survive Law]
* Congrats to occasional Legal Cheek blogger Amy Woolfson on her Harvard Law scholarship. Welcome to our side of the pond. [Legal Cheek]
* Dumb people can get ripped off on Craigslist. And not just when you take a “JD required” job as a catsitter. [Lowering the Bar]
* Understand the tax implications of your student loan forgiveness program. [Lawyerist]
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Technology
Judges Call Out Prosecutors For Overreach; Call Out Third Judge For Suggesting Courts Shouldn't Challenge Government
"Unlike judges, such as our concurring friend, who apparently believe it is never appropriate... to express reservations or disapproval of manifestly irregular, if not illegal, “strategic choices” by prosecutors, I believe judges need to say more, not less." -
Non-Sequiturs
Non-Sequiturs: 01.09.15
* Ted Cruz Goes To Jury Duty is the Ernest Goes To Camp of a new generation. [NBC News]
* Former Judge Mike Maggio has graced our pages with his disgrace before when he admitted to making racist and sexist remarks about Charlize Theron’s adoption. Well, he just pleaded guilty to federal bribery charges. Looks like he’ll Geaux to prison. [Arkansas Times]
* Faced with allegations that it discriminated against a trans woman, Saks takes the curious legal stance that it had the legal right to discriminate. I’d say that takes balls, but… [Slate]
* A hearing board in Illinois just recommended a one-year suspension of former Sidley Austin and present DLA Piper attorney Lee Smolen. Maybe he could spend that time with his kids. [Legal Profession Blog]
* Fourth Circuit rules that you can’t set up unconstitutional barriers to abortion. Nothing to do with the woman’s rights of course, but because it might impact the doctor’s free speech. [Dorf on Law]
* Fired for wife-swapping. [Lowering the Bar]
* Jones Day accuses a federal judge of bias in benchslap appeal. Meanwhile, trial lawyers are filing amicus briefs backing the judge. [ACEDS]
* Technology and outsourcing have totally jacked the careers of Biglaw associates. You already knew this, but now there’s a paper! [TaxProf Blog]
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Drinking, FTC, Health Care / Medicine, Non-Sequiturs, Police, Politics, Racism, Trademarks
Non-Sequiturs: 09.04.14
* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette] * The best way to catch drunk drivers is to give them something to crash into. [Legal Juice] * Chaumtoli Huq, a former general counsel to the New York […]
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4th Circuit, Barack Obama, Gay Marriage, Job Searches, John Roberts, Law Schools, Morning Docket, Rankings, Ruth Bader Ginsburg, SCOTUS, Supreme Court
Morning Docket: 08.15.14
* President Obama suggested he may be able to nominate a new SCOTUS justice before he leaves office in 2017. When reached for comment, Justice Ginsburg noted: “Bitch, please.” [POLITICO]
* Chief Justice John Roberts has been asked to stay the Fourth Circuit’s decision as to Virginia’s same-sex marriage case, lest the state truly become a place for all lovers. [National Law Journal]
* Whitey Bulger is appealing his conviction, claiming he didn’t receive a fair trial because he wasn’t allowed to testify that a prosecutor who had since died once promised him immunity. Aww. [WSJ Law Blog]
* On the whole, school rankings matter generally, but law school rankings can be truly meaningful when it comes to getting a job after graduation. Don’t believe me? Check out these graphs. [Forbes]
* “They’re not the one if this fails will have a law degree that we cant do anything with.” Students at Concordia Law are starting to feel the pain of attending a yet-to-be accredited law school. [KBOI 2]
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4th Circuit, Biglaw, Cars, Crime, Gay Marriage, Law Schools, Morning Docket, Murder, SCOTUS, Supreme Court, Technology
Morning Docket: 08.14.14
* Cleary Gottlieb lost some historic cases during the first half of 2014, including one for $50 billion, but not to worry, “the firm is proud of the work Cleary lawyers do every day.” [Am Law Daily]
* The Fourth Circuit is refusing to issue a stay in Virginia’s gay marriage case, so the state will be for all lovers starting next week unless SCOTUS decides to step in. [National Law Journal]
* Thomas M. Cooley Law School has now officially become the Western Michigan University Thomas M. Cooley Law School. If only a new name could clear its reputation. [MLive.com]
* It’s not every day that a law student with a criminal history is arrested on murder charges, but Tuesday was that day for one student. We’ll have more on this later. [San Antonio Express-News]
* “Glass is built to connect you more with the world around you, not distract you from it.” Google sure is optimistic about Glass, but several states aren’t, and have already proposed driving bans. [WSJ Law Blog]
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4th Circuit, Barack Obama, Basketball, General Counsel, Guns / Firearms, Non-Sequiturs, Politics, Sports
Non-Sequiturs: 07.29.14
* The NRA’s general counsel was once convicted of murder. What’s the phrase? If you outlaw guns, only general counsel will have guns… [Mother Jones] * Seattle is looking for people donating skulls to Goodwill. Wow, if Jeffrey Dahmer had only known there was a charitable tax write-off available. [Lowering the Bar] * “A domestic helper has appeared in court accused of trying to injure her employer by mixing her menstrual blood in a pot of vegetables she was cooking.” Eww. [Legal Juice] * Can Congress sue the president? Here are multiple takes. [The Volokh Conspiracy / Washington Post] * As the confirmation of Pamela Harris to the Fourth Circuit reminds us, “that whole nuclear option has really worked out.” So far. [Huffington Post] * Money magazine is looking to create a ranking of undergraduate schools heavy on outcome-based factors. If you need any hints on how to do it, let us know. [The Chronicle of Higher Education] * Donald Sterling has lost, which is something he knows a lot about from his years of owning the Clippers. Here’s Mitchell Epner’s review of the ruling and its appealability. [CNBC] -
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] -
4th Circuit, D.C. Circuit, Gay, Guns / Firearms, Health Care / Medicine, Non-Sequiturs, Police
Non-Sequiturs: 07.23.14
* Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker] * The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor] * Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax] * In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune] * Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?] * Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate] * Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel] * The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog] -
4th Circuit, Career Alternatives, D.C. Circuit, Health Care / Medicine, Non-Sequiturs
Non-Sequiturs: 07.22.14
* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News] * Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate] * Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside] * Ruth Bader Ginsburg’s senior picture from Cornell. [That's What She Said / Jezebel] * Elie thinks we should all get drunk and go for a bike ride! [ATL Redline] * From purveyor of justice to purveyor of donuts. [USA Today] * Congratulations to Professor Mariano-Florentino Cuellar of Stanford Law on his nomination to the California Supreme Court. If confirmed, maybe Stanford can start advertising about all the state judges they’ve produced. [San Jose Mercury News] * We’ve heard that Bingham is looking to merge. Lee Pacchia talks to Casey Sullivan about what’s next. Video after the jump… [Mimesis Law] -
4th Circuit, Crime, Fashion, Immigration, Legal Ethics, Non-Sequiturs, Privacy, Technology
Non-Sequiturs: 07.18.14
* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader] * Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press] * What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC] * Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?] * Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog] * A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work] * There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]