5th Circuit
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Courts, Technology
In First For A U.S. Appeals Court, 5th U.S. Circuit Court Considers Rule Requiring Lawyers To Certify They Did Not Rely On AI To Create Filings
Lawyers and other filers would be required to certify either that they had not used AI in drafting the document or that, if they did, ‘a human’ had reviewed the document for accuracy. -
Courts
There Might Be Hope For Workplace Discrimination Suits In Texas After All
Change deep in the heart of Texas. - Sponsored
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
Findings from the "Future of Professionals Report," based on a survey of 1,200 professionals from North and South America and the UK. -
Government
An Appeals Court Just Brought The Constitution Down On The Consumer Financial Protection Bureau. What's Next?
What's next? Claiming that public colleges that charge out-of-state tuition violate the 14th Amendment?
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Courts
Federal Judge Just Doesn't Feel Like Reading The Fifth Circuit's Cases
Is this the *most* relatable a federal judge has ever been? -
Courts
This Judge REALLY Hates Discovery... So He's Just, Like, Not Going To Let Parties Do It Anymore
That's not how this works. That's not how any of this works. -
Courts
Fifth Circuit Blows Up SEC Because The Word 'Ponzi' Is Nowhere In The Constitution
CFTC whistling nervously. -
Courts
So I Guess 'Small Government' Now Includes Compelling Corporate Speech?
I can't believe they suspended me! All I said was literally the most hateful thing I could think of about Mexicans! -
Courts
Vaccine Mandate Dissent Spits Hot Fire For 53 Pages
In some jurisdictions, the beatdown the dissent delivers here is cruel and unusual punishment. - Sponsored
Profit Powerhouse: Elevating Law Firm Financial Performance
In this CLE-eligible webinar on April 10th, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Morning Docket
Morning Docket: 02.11.22
* The 5th Circuit effectively ruled that the Constitution is unconstitutional. Calling balls and strikes is one thing, but I think they just tackled the team mascot. [Slate]
* The Senate just passed a bill ending forced arbitration for workplace sexual assault claims. Hurry up with that signature, Biden! [CNN]
* Utah just made it a lot easier for about half a million folks with non-violent criminal records to move on with their lives. First Pennsylvania, now Utah. Who’s next? [Salt Lake Tribune]
* Penn Law is having a conference discussing pre-textual traffic stops and searches. Drop in — it’s virtual and you might be able to catch it live! [Penn Live]
* Been looking for something to bore your friends with the next time they try to bring up watching Euphoria? I’m sure they’ll love to hear about a review of last year’s developments in antitrust. [WSGR]
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Courts
Sixth Circuit Brutally Roasts Fifth Circuit So Bad It Should Be An OSHA Violation
In fairness, the Fifth Circuit did this to itself. -
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Sponsored
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Profit Powerhouse: Elevating Law Firm Financial Performance
Sponsored
Are Small Firms Going Big On Legal Tech?
Document Automation For Law Firms: The Definitive Guide
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Courts
Federal Judge Dissents From... Her Own Opinion
Clearly a lot of animosity between the majority author and herself. -
Courts
Judge Edith Jones Wants To Know If We Can Legislate Based On Her Outdated Stereotypes
Kind of puts a lot of the past into perspective. -
Courts
Trump Judge Tries To Put Reasonable Spin On 'I Don't Like Trans People,' Fails
Judge argues that he's too stupid to keep track of someone's pronouns and in fairness he might be. -
Morning Docket
Morning Docket: 07.12.18
* Brett Kavanaugh built up around $200K in debt buying Washington Nationals tickets. This may be the Federalist Society’s biggest vetting failure ever because all real conservative jurists would say they went $200K in debt buying Montreal Expos tickets. [Deadspin]
* Ohio pulls obscure law out of a hat to harass Stormy Daniels for daring to point out that Donald Trump is a scumbag. [NY Times]
* “Jesus never broke immigration law” says Evangelical Trumper whose religion is entirely based on a guy admitting he was an outlaw and getting the death penalty for it. [Vox]
* Just when you were getting used to WestlawNext, WestlawEdge is here to radically change the game. [LegaltechNews]
* Texas professors who don’t want to die will take their case to the Fifth Circuit. [CBS News]
* Lawyer says Shady orchestrated the assault on his ex. [Denver Post]
* Trump pardoned the thugs who put the lives of firefighters in danger and then inspired an armed standoff with federal officers and then Mike Pence’s buddy gave them a private jet home. [Oregon Live]
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Legal Ethics
5th Circuit Lashes Out Over Attorney's 'Gifts' To Witnesses
If this shows up on your Professional Responsibility issue-spotter then you're in pretty good shape. -
Non-Sequiturs
Non-Sequiturs: 04.22.18
* Joel Cohen makes the case for appointing a special master to review the attorney-client privilege claims in the case of Michael Cohen (no relation). [Law and Crime]
* A fun profile of Judge Kimba M. Wood (S.D.N.Y.), who’s presiding over the Cohen case — and who “doesn’t need to eat the whole barrel to know it’s not a pickle.” [Politico]
* Circuit judges can play it safe, in the hopes of making it to the Supreme Court someday, or they can be bold (which might help their SCOTUS chances, or might hurt them); Judge James Ho is going for the second approach. [U.S. Court of Appeals for the Fifth Circuit]
* Professor Eugene Volokh: “What is this, Mean Girls: Supreme Court Edition?” [Volokh Conspiracy / Reason]
* Still on SCOTUS, which leading appellate lawyers (according to Chambers & Partners) have the most active practices before the high court? [Empirical SCOTUS]
* What’s the best new legal-information product out there, and what’s the best new product feature or function? Survey says…. [Dewey B Strategic]
* Because having a law school named after him wasn’t enough, Philadelphia trial lawyer Thomas R. Kline is now honored by a giant marble statue. [Philly.com]
* The Wisconsin Supreme Court will decide an important case about academic freedom (and Above the Law gets cited in the amicus brief of the National Association of Scholars — see footnote 29). [Badger Pundit]
* Congratulations to former Miss America winner Deidre Downs Gunn and attorney and writer Abbott Jones on their recent nuptials! [People]
* And congratulations to the recipients of 2018’s Best LGBT Lawyers Under 40 Awards! [LGBT Bar]
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Courts
President Trump's Eleventh Wave Of Judicial Nominees
Look for more confirmations in the very near future.