9th Circuit

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

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The return of summer associate days of yore?

* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times]

* Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for his campaign? Is he giving up his plans for the presidency, too? [Washington Post]

* Here’s a great refresher on all things Prop 8 in anticipation of today’s ruling from the Ninth Circuit. This is happening on West Coast time, so check back for our coverage this afternoon. [Poliglot / Metro Weekly]

* Summer associate hiring might be back in business thanks to pickups in litigation and transactional work, but don’t go out and start licking those Biglaw popsicles just yet. [Thomson Reuters News & Insight]

* Sorry, bridge and tunnel people, but it looks like you’re going to have to keep paying increased prices at the tolls. AAA of New York and North Jersey lost a bid to block collection of the fee hikes. [Bloomberg]

* Anna Nicole Smith is no longer with us, but her memory will forever live on in ABA Resolution 10B. Gold diggers across the nation can now rely on the power of federal magistrate judges. [ABA Journal]

Greg Kelly

* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]

* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]

* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]

* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]

* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]

* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]

* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…

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Striking down the judicial precedent that established the legal supremacy of right over wrong more than two centuries ago, the U.S. Supreme Court on Wednesday overturned Right v. Wrong. The landmark reversal — a bitterly contested 5-4 decision that has been widely praised by murderers, rapists, bigots, usurers, and pro-wrong advocates nationwide — nullifies all previously lawful forms of right and makes it very difficult for Americans to make ethical decisions or be generally decent human beings without facing criminal charges.

– The Onion, Supreme Court Overturns ‘Right v. Wrong’

Well, this is a fun day. Rick Santorum is taking his turn as the non-Romney Republican choice. Rick Santorum. Yeah, that Rick Santorum — the self-same Rick Santorum who thinks Griswold was wrongly decided and wants to ban birth control — is now the “real conservative” alternate to Mitt Romney.

Ladies and gentlemen, I present your 2012 Republican Party.

This morning, the Wall Street Journal took a closer look at Rick Santorum’s thoughts on the Constitution and the judiciary. For those who haven’t been following the stellar career of Santorum (last seen getting absolutely waxed out of his Pennsylvanian Senate seat), let’s give him a look-see…

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Let’s play a quick game (which we might return to later if there’s interest). If we were to give out awards to the different federal judicial circuits, in the manner of a high school yearbook, which awards would go to the different circuits? Here are some of my nominations:

(Article III groupies: Feel free to suggest others, in the comments.)

As for the other awards, well, they’d all go to the Ninth Circuit. It’s the nation’s most famous (or infamous) federal appeals court, so it would win “Most Likely To Become A Celebrity.” It’s the biggest, so it would win “Most Popular” (especially among the ACS and ACLU crowd). It would win “Most Athletic,” since it includes California. And it would win “Biggest Flirt,” thanks to its numerous superhottie judges. (Don’t you wish they all could be California jurists?)

The Ninth Circuit would also run away with “Most Likely To Be Made Fun of on YouTube” — since it already has been. How many circuit courts can claim that distinction?

double red triangle arrows Continue reading “How the Ninth Circuit Stole Christmas”

These days, mentioning the California city of Oakland conjures up images of tear gas and violence. It’s not a place that people associate with innocent fun right now.

But Oakland isn’t all protesters and police. We bring you a report from a recent visitor to that city, Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit….

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Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

* Prop 8 proponents have standing. So, I guess the Ninth Circuit will now be looking at the merits of bigotry? [MetroWeekly]

* Five ways to get your clients to pay you faster. How did “breaking kneecaps” not make the list? [Open Forum]

* Ethics for cops. Not that I agree with her, but if my police force is reading Ayn Rand I’d be happy. Reading for cops > more shooting practice for cops. [Blue for Justice]

* As opposed to figuring out whether or not IMDB should have posted her age, I think this pissed off actress should be speaking out against the double standard that says women age like vinegar while men age like wine — wine that needs a special pill to pop its cork as it gets older. [Not So Private Parts / Forbes]

* We’re still trying to figure out which works of art the Nazis stole from whom and what is to be done about it. Every now and again, it’s important to step back and remember there are the Nazis, and then there’s everyone else. [ArtNews]

* If he keeps this up, Kunta Kinte is going to have to shove the Reading Rainbow right up Herman Cain’s ass to remind him of the hundreds of years leaders fought and died so that black people were allowed to read. [Hufffington Post]

If Learned Hand’s opinions are like the products of a bespoke tailor, the opinions coming out of the Ninth Circuit are like the products of a factory that is staffed by machines and menial workers who are overseen from afar by a handful of overworked managers.

– Justice Samuel Alito, in a recent speech at Rutgers School of Law (Newark), lamenting the decline of craftsmanship in judicial opinions.

(An interesting fact about Justice Alito and the Ninth Circuit, after the jump.)

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