9th Circuit

  • The first rule of leaving Latham...

    Non-Sequiturs

    Non-Sequiturs: 01.26.15

    * Another benchmark in the Ninth Circuit’s ongoing war against prosecutorial misconduct: a panel of judges — Kozinski, Wardlaw, and Fletcher — suggest trying prosecutors for perjury. [New York Observer]

    * Lawyer and blogger Eric Turkewitz finds himself in the New York Post’s Page Six gossip column. Just what was he doing with Selena Gomez while Justin Bieber wasn’t looking? [New York Personal Injury Attorney Blog]

    * Kristine Sperling left her position as a senior associate at Latham to start her own organic soap company. And, I’m assuming, an underground fight club. [Good Day Sacramento]

    * Saks has finally figured out that its stance on transgendered people wasn’t winning it any friends and withdrew its filing. [Jezebel]

    * The 2015 Social Media Subpoena Guide. Everything you need to know about getting all their best cookie recipes off Pinterest. [Associate’s Mind]

    * Tom Petty’s lawyers “Won’t Back Down” and now he’s getting royalties for that Sam Smith song. [Consequence of Sound]

    * Which law professor rules the Twitterverse? A comprehensive numerical analysis provides the answer. [Ryan Whalen]

    * A new, easy to use online version of the Federal Rules of Civil Procedure. If you’re into that kind of thing. [Federal Rules of Civil Procedure]

    * More accolades for Supreme Ambitions (affiliate link). But you already know how good it is because you already have your copy, right? [The Florida Bar Journal]

    20 Comments / / Jan 26, 2015 at 5:02 PM
  • beer craft beer

    Non-Sequiturs

    Non-Sequiturs: 01.15.14

    beer craft beer* Lagunitas sued Sierra Nevada over beer. Beer connoisseurs pulled themselves out of their own vomit to tweet their disapproval. And it worked, Lagunitas dropped the suit. Imagine if we could harness the power of drunks for good. Or evil. Just anything. [SF Gate]

    * Musing that maybe that daunting LSAT was the obstacle keeping students from filling seats, University of San Diego Law just opened up the school to USD grads — no LSAT required. [University of San Diego School of Law]

    * Saks has heard the public backlash against its assertion that transgender people deserve no legal protections in the workplace and responded by… reasserting that transgendered people have no rights. [Slate]

    * Fashion law isn’t just for Elle Woods acolytes anymore. [Racked]

    * Ninth Circuit does not take kindly to a state prosecutor who lied under oath. [Seeking-Justice]

    * SCOTUS justices don’t have to recuse themselves, and when they do, they don’t have to explain why. Let’s look at the recusals this Term and venture a guess at why each justice sat out. [Fix the Court]

    * NY subways boast some ridiculous safety posters to cover themselves legally. Here’s a breakdown of their latest efforts. [NY Observer]

    * Checking in on the always messed up developments down at Manhattan Supreme Court. [Wise Law NY]

    * “Good news for law grads and law schools!” article ends up buried in a sea of caveats. Because of course it does. [TaxProf Blog]

    8 Comments / / Jan 15, 2015 at 5:33 PM
  • Supreme Ambitions square

    Books, Clerkships

    From Lawyer To Blogger To Novelist: An Interview With David Lat, Author Of Supreme Ambitions

    According to the New York Times, “for an elite niche,” Supreme Ambitions “has become the most buzzed-about novel of the year.”

    17 Comments / / Dec 8, 2014 at 3:51 PM
  • Supreme Court SCOTUS photo by David Lat

    9th Circuit, Alex Kozinski, Books, Clerkships, Federal Judges, Feeder Judges, In-House Counsel, SCOTUS, Stephen Reinhardt, Supreme Court, Supreme Court Clerks

    Do You Harbor Supreme [Court] Ambitions?

    In-house columnist Mark Herrmann reviews Above the Law founder and managing editor David Lat’s forthcoming novel, Supreme Ambitions.

    27 Comments / / Nov 3, 2014 at 12:09 PM
  • Guilty not guilty

    9th Circuit, Crime, Screw-Ups, Trials

    Judge Confuses Guilty/Not Guilty, Sex Crimes Conviction Overturned​

    A simple, but critical, judicial mistake.

    58 Comments / / Oct 29, 2014 at 4:08 PM
  • 20131011153017!Nobel_Prize

    9th Circuit, Free Speech, Gay, Guns / Firearms, Non-Sequiturs

    Non-Sequiturs: 10.16.14

    * TSA vs. the Nobel Prize. [Lowering the Bar]

    * A judge accidentally leaked the name of a juvenile in a juvenile sex case. But more to the point, this case is about a boy having a three-way with two of his English teachers on one of the teacher’s birthdays. I mean… South Park. [The Times-Picayune]

    * Teaching torts rots your brain. Maybe. [PrawfsBlawg]

    * Houston officials are backing away from their subpoena of sermons delivered by anti-gay pastors trying to get their congregation to sign petitions — even if the signatures were potentially fraudulent. [The Blaze]

    * Stand Your Ground laws find new ways to be dumb. More cases of abused women trying to evoke Stand Your Ground laws and being told that states really only meant for those to protect white dudes shooting black kids. [Slate]

    * A funny and insightful look at exactly how hearings go down at Gitmo. [New Jurist]

    * A federal judge has recused the entire Eastern District of California from a case on the basis of allegations that federal prosecutors systematically defrauded the court. Prosecutors misbehaving? That’s unpossible! [New York Observer]

    19 Comments / / Oct 16, 2014 at 4:58 PM
  • Supreme_Court_US_2010

    9th Circuit, Gay Marriage, Non-Sequiturs, Police, Supreme Court

    Non-Sequiturs: 10.14.14

    * A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic]

    * Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog]

    * A Toledo Law student was arrested on a child sex charge. [NBC24]

    * Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ]

    * Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ]

    * The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School]

    * As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post]

    * Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion]

    * Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]

    2 Comments / / Oct 14, 2014 at 5:10 PM
  • same-sex bride cake

    9th Circuit, Books, Federal Circuit, Gay Marriage, Hair, Non-Sequiturs, Sex, Supreme Court

    Non-Sequiturs: 10.08.14

    * Some marriage equality enthusiasts applauded the Supreme Court’s decision to stay out of the way and let the circuits do their thing. But the history of miscegenation in America suggests the Supreme Court had a moral obligation to interject. [USA Today]

    * On this subject, Professor Dorf presents a fascinating hypothetical: is it in the strategic interest of an anti-gay marriage conservative lower court judge to strike down same-sex marriage bans in light of the Supreme Court’s cert denials? [Dorf on Law]

    * One more story while we’re at it, after the Ninth Circuit struck down bans on same-sex marriages, District Judge Robert C. Jones of Nevada, who upheld the ban in the first place, recused himself rather that be forced to issue an opinion in accordance with Ninth Circuit precedent. [BuzzFeed]

    * If you’ve ever wondered how Islamic State manages to recruit Western youth to the cause, the answer is a “Disney-like” social media campaign. It’s like a Biglaw summer program, but for murder. [Cornell Journal of Law and Public Policy]

    * “Better Hold Off Sexting With High School Students” in Indiana. The Indiana Supreme Court finally weighed in last week after the lower court had okayed a teacher texting a 16-year-old to sneak out of the house for sex. Wait, this required the Supreme Court to weigh in? What is wrong with you Indiana? [Valpo Law Blog]

    * Looking professional with a pixie cut. [Corporette]

    * Enter for a chance to win a Chief Judge Randall Rader bobblehead! Yes, these exist. [Santa Clara Law]

    * The Zephyr Teachout book tour for Corruption in America (affiliate link) begins. Is your town on the list? [Teachout-Wu]

    * New Orleans taxpayers spent around $75K traveling judges to conferences and resorts last year. Quoth the tipster: “I could make a joke about New Orleans judges going to the third world to learn how to run their courtrooms, but I think I already did.” [The Times-Picayune]

    8 Comments / / Oct 8, 2014 at 5:03 PM
  • Justice Joan Orie Melvin

    9th Circuit, American Bar Association / ABA, Art, Biglaw, Blogging, Gay, Gay Marriage, Gender, Legal Ethics, Morning Docket, Partner Issues, Sentencing Law, State Judges, Tax Law

    Morning Docket: 10.08.14

    * How are Nevada and Idaho officials reacting to yesterday’s Ninth Circuit ruling striking down gay marriage bans in those states, and how soon might marriages get underway? [BuzzFeed]

    * In other LGBT legal news, New York City is likely to make it easier for transgender individuals to amend their birth certificates. [New York Times]

    * Good news for Joan Orie Melvin, the Pennsylvania Supreme Court justice turned convicted felon: her unorthodox sentence has been stayed (again). [How Appealing]

    * Eduardo Leite, who has led Baker & McKenzie since 2010, gets another two years at the helm of Biglaw’s biggest firm. [American Lawyer]

    * Cravath associate Micaela McMurrough scores a victory in tax court for artists. [New York Times]

    * The ABA has issued a new opinion addressing ethical issues raised during the sale of a law practice. [American Bar Association]

    * Why do lawyers blog? Tim Baran of Rocket Matter talks to 23 of us. [Legal Productivity]

    3 Comments / / Oct 8, 2014 at 8:59 AM
  • Pepsi logo

    9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico]

    * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed]

    * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit]

    * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate]

    * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More]

    * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist]

    * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info]

    * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief]

    * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.

    8 Comments / / Oct 7, 2014 at 5:02 PM
  • Barry Bonds Barry L Bonds Barry Lamar Bonds steroids

    9th Circuit, Barry Bonds, Baseball, Department of Justice, White-Collar Crime

    Barry Bonds And The Lengths DOJ Will Go To Protect AUSAs

    It’s apparently really important to protect AUSAs from having to do the same basic work that the rest of the legal community does routinely.

    7 Comments / / Sep 25, 2014 at 10:09 AM
  • Can you identify this guy?

    9th Circuit, Contract Attorneys, Non-Sequiturs, Prisons, Rape, Supreme Court, Television

    Non-Sequiturs: 09.24.14

    * Quiz: Can you match the picture of the plaintiff to the landmark Supreme Court decision? [Slate]

    * Ninth Circuit expedites Ed O’Bannon appeal. [USAToday]

    * New NBC comedy about a law student who becomes a garbage man. Better job security, I suppose. [The A.V. Club]

    * The federal prison population declined by about 4800 inmates, giving the United States… well, still the worst incarceration rate in the world, but hey, you’ve got to start somewhere. [ABC News]

    * The contract attorney who sued Biglaw is living in his car and considering a career in construction. Perhaps it was a Freudian thing. [Law and More]

    * Some philosophy professors are concerned about an individual getting very testy with perceived critics. Anyone want to guess the individual? [Professor David Velleman Homepage / NYU]

    * In case you missed it, Howard Bashman’s announcement of our new partnership. [How Appealing]

    * Middle school convinces special needs girl to allow suspected rapist to take her into a bathroom so the school can “catch him redhanded.” She gets raped. Judge dismisses the lawsuit saying he wouldn’t “second-guess” school officials. [Al.com]

    29 Comments / / Sep 24, 2014 at 3:59 PM
  • Barry Bonds 2 home run record baseball indicted Above the Law blog

    9th Circuit, Barry Bonds, Baseball, Federal Judges, Quote of the Day

    Government Striking Out In Barry Bonds Case

    The Ninth Circuit did not have much sympathy for federal prosecutors.

    2 Comments / / Sep 19, 2014 at 3:02 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Reader Polls, Weirdness

    Caption Contest Winner: Three Chiefs

    Here is your very deserving winner, which crushed the competition.

    3 Comments / / Sep 10, 2014 at 4:22 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Reader Polls, Weirdness

    Caption Contest Finalists: Three Chiefs

    Which caption is the best one for this rather strange photo?

    1 Comment / / Sep 8, 2014 at 3:19 PM
  • 3 chiefs RF

    9th Circuit, Alex Kozinski, Caption Contests, Contests, Federal Judges, Pictures, Weirdness

    Caption Contest: Three Chiefs

    One of these things is not like the others….

    38 Comments / / Sep 5, 2014 at 12:49 PM
  • Purpleheart

    9th Circuit, Alex Kozinski, Free Speech

    On Remand: Purple Hearts And (Not So) White Lies

    Why it’s not a good idea to emulate the guys from Wedding Crashers.

    1 Comment / / Aug 7, 2014 at 3:50 PM
  • Kung_Pao_chicken_(western_version)_-1

    9th Circuit, Alex Kozinski, Blogging, Celebrities, Free Speech, Movies, Non-Sequiturs, Patents, Politics, R. Ted Cruz, Videos

    Non-Sequiturs: 07.30.14

    * Court needed a Chinese language interpreter. Rather than find a professional legal interpreter, the judge just told the lawyer to head down to the local Chinese restaurant and grab somebody. [Legal Cheek]

    * News from former Virginia Governor Bob McDonnell’s trial. As one tipster summed up the story: “Hon, I think I dropped my keys under that bus. Would you take a look?” [Slate]

    * Everyone concedes Ted Cruz is smart. Why exactly? [Salon]

    * A follow-up from a previous story: Connolly, Geaney, Ablitt & Willard shuts down after the foreclosure market that made them turned on them. [Mass Lawyers Weekly (sub. req.)]

    * Interesting look at the volume of patent cases throughout history. Check out the troll phenomenon with charts! [Patently-O]

    * More folks wasting time complaining about blog posts. [South Florida Lawyers]

    * Clint Eastwood talks with Chief Judge Kozinski and Judge Fisher at the Ninth Circuit Judicial Conference. These days it’s exciting whenever Clint isn’t talking to an empty chair. Video embedded below… [YouTube]

    2 Comments / / Jul 30, 2014 at 5:06 PM

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