9th Circuit
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Non-Sequiturs
Non-Sequiturs: 06.13.17
* Professor Ann Althouse wants to know: What’s the theory that take-home exams redress gender inequity? [Althouse]
* Legal analytics versus legal research: what’s the difference? Owen Byrd of Lex Machina explains. [Law Technology Today]
* Professor Noah Feldman is not a fan of the Ninth Circuit’s recent ruling on Trump Travel Ban 2.0. [Bloomberg View via How Appealing]
* And Professor Sam Bray is not a fan of nationwide injunctions in the travel ban litigation. [Volokh Conspiracy / Washington Post]
* My colleague Elie Mystal yesterday offered an ideological critique of Justice Ginsburg’s opinion in Morales-Santana; Professor Will Baude has a technical one (and I think he might be right). [PrawfsBlawg]
* Mollie Hemingway respectfully dissents from the James Comey lovefest.
[The Federalist] -
Immigration, Justice, Politics
Trump's Travel Ban, Trounced Again
The latest legal loss for the Trump administration's travel ban. - Sponsored
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Morning Docket
Morning Docket: 06.02.17
* Let’s get ready to rumble: the Trump administration seeks Supreme Court review — and rescue — of its travel ban. [New York Times]
* In other federal judicial news, the Ninth Circuit, sitting en banc, held that courts cannot routinely shackle defendants during proceedings; Judge Alex Kozinski wrote the majority opinion, and former Kozinski clerk Judge Sandra Ikuta wrote the dissent. [How Appealing]
* Judge Nicholas Garaufis (E.D.N.Y.) — who isn’t shy about telling lawyers how he really feels — has a new bee in his Article III bonnet: “I’m sick and tired of lawyers from white-shoe law firms marching into my courtroom and getting a deferred-prosecution agreement for their clients.” [ABA Journal]
* Why did President Donald Trump hire Marc Kasowitz to represent him in the Russia inquiry — and could DJT already be second-guessing that decision? [Weekly Standard]
* Speaking of the Russia probe, Robert Mueller is getting some high-powered help: outgoing Justice Department official Andrew Weissmann joins his former boss’s team. [Law360]
* Interesting new data from our friends at NALP: the $180K starting salary might not be as widespread as you think. [Law.com]
* President Trump plans to withdraw the U.S. from the Paris climate deal — but withdrawal can’t be finalized until near the end of his term because of the accord’s legal structure and language. [Washington Post]
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Justice, Police, Supreme Court
The Supreme Court Makes It Even Easier For Cops To Shoot You
What we deem reasonable from the police has become absurd. -
9th Circuit, Federal Judges, Litigators
R-E-S-P-E-C-T(ing) The Denial Of Rehearing En Banc
Paging all legal nerds.... -
9th Circuit, Immigration, Justice, Politics
Ninth Circuit Goes Full 'Korematsu' On Muslim Ban Lawyer
Can we really legally distinguish the Muslim Ban from Korematsu? -
Gender, Justice, Labor / Employment, On The Job, Women's Issues
Court-Sanctioned, Gender-Based Pay Discrepency? Say It Isn't So!
Employment lawyers fear gender-related wage claims because these complaints are so often valid. -
Non-Sequiturs
Non-Sequiturs: 05.05.17
* What does Biglaw firm Cozen O’Connor share in common with Brooklyn hipsters? [Philadelphia Business Journal]
* Glenn Reynolds offers concise commentary on Comey. [Instapundit]
* “Kozinski, circuit judge, ruminating” — yeah, you know you want to click…. [Volokh Conspiracy]
* Professor Ann Althouse does not “like” punishing high school students for their Facebook activity. [Althouse]
* And Professor Orly Lobel questions the use of noncompetes, especially in terms of low-wage workers and women. [New York Times via PrawfsBlawg]
* How many Jewish justices have we had in Supreme Court history? [U.S. National Archives via How Appealing]
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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. -
Gender, Justice, Labor / Employment, On The Job, Women's Issues
You Can Pay Women Less Than Men For The Same Job, As Long As She Was Making Less In Her Old Job
The glass ceiling is protected by circular logic. -
Federal Judges, Politics
Some Possible Nominee Names For The Ninth Circuit
Let's hope the Senate handles Trump's judicial nominees in a fair -- and fast -- manner. -
Federal Judges, Politics
How Trump Should Handle Liberal Judges
If Trump wants a successful presidency, he must narrowly tailor executive action to fit judicial reality. -
Alex Kozinski, Federal Judges, Politics
Judge Kozinski's Advice To President Trump, Courtesy Of '60 Minutes'
Plus colorful comments from Judge Kozinski on the death penalty, the First Amendment, and more.
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Federal Judges, Politics
Who Will President Trump Nominate To The Circuit And District Courts?
Let's get this party started. -
Morning Docket
Morning Docket: 04.13.17
* Judge Sheila Abdus-Salaam, the nation’s first female Muslim judge and the first African-American woman to serve on New York’s highest court, was found dead in the Hudson River. We’ll have more on this later. [New York Daily News]
* The Ukraine-related activities of former Trump campaign chairman Paul Manafort are under legal scrutiny — and one of his daughters, lawyer Andrea Manafort, described some of her father’s actions as “legally questionable.” [New York Times]
* Hawaii says “aloha” to the Ninth Circuit in its challenge to Trump Travel Ban 2.0 — and seeks initial en banc review, bypassing a three-judge panel. [ABA Journal]
* So the filibuster is now dead for SCOTUS nominees; are blue slips for lower-court nominees next? [Roll Call via How Appealing]
* Melania Trump settles her defamation litigation with the Daily Mail, getting an apology, a retraction, coverage of her legal fees, and what her lawyer Charles Harder describes as “millions of dollars in damages.” [New York Law Journal]
* Biglaw firms aren’t the only workplaces with gender pay gaps; it’s an issue for in-house legal departments too, including Google’s. [Corporate Counsel]
* Seriously, North Carolina? After its half-hearted repeal of the “bathroom bill,” three lawmakers in the state want to ban gay marriage. [WNCN]
* Judge Janice Rogers Brown of the D.C. Circuit seems to be a fan of Justice Neil Gorsuch’s views on Chevron deference. [Law.com]
* And Justice Elena Kagan will be throwing a party to welcome Justice Gorsuch to the Court. [Washington Post via How Appealing]
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Benchslaps, Federal Judges
The Ninth Circuit Has No Patience For This Ethically Challenged Attorney
Nice try, counselor. -
Non-Sequiturs
Non-Sequiturs: 03.20.17
* “How to Con Black Law Students: A Case Study,” by our very own Elie Mystal. [New York Times]
* Professor Rick Hasen responds to Judge Alex Kozinski’s colorful dissental in the travel-ban litigation. [Slate]
* Speaking of the Ninth Circuit, should it be broken up? Prominent appellate lawyer Ben Feuer makes the case against. [Los Angeles Times]
* Professor Ilya Somin hopes senators ask Judge Gorsuch these questions at tomorrow’s hearing. [Volokh Conspiracy]
* But his co-blogger, Professor Orin Kerr, isn’t holding his breath for revealing answers. [Volokh Conspiracy]
* Walt Pavlo wonders: are former prosecutors from the S.D.N.Y. padding their résumés? [Forbes]
* Almost three years have passed since the death of Eric Garner — and we still have many more questions than answers. [CityLand / New York Law School]
* Jane Genova: What can legal media and marketers learn from Jimmy Breslin? [Law And More]
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Federal Judges, Justice, Politics
Friday Night Fights -- At The Ninth Circuit
A battle royal at the Ninth Circuit over President Trump's immigration order. -
Non-Sequiturs
Non-Sequiturs: 03.16.17
* What does the future hold for the U.S. Supreme Court? Analysts (including yours truly) opine. [Bloomberg BNA via Storify]
* Another prediction of ours has come to pass: congrats to Sullivan & Cromwell partner Brent McIntosh on his nomination as general counsel for the Treasury Department. [Corporate Counsel]
* Is it time to break up the Ninth Circuit (as President Trump recently called for)? Professors John Eastman and Brian Fitzpatrick say yay; Judges Sidney Thomas, Carlos Bea, and Alex Kozinski say nay. [House Judiciary Committee]
* Anthony Kronman: from dean of Yale Law School to “born-again pagan” (affiliate link). [New Yorker via How Appealing]
* Looking for smart, timely takes on the Trump Administration, from an all-star cast of law professors and legal experts? There’s a site for that. [Take Care]
* Guess who: “Cat-loving judge makes case that has nothing to do with cats all about cats.” [Chicago Tribune]
* Professor Orin Kerr chats with Professor Barry Friedman about Friedman’s latest book, Unwarranted: Policing Without Permission (affiliate link). [Volokh Conspiracy]
* The current SCOTUS Term isn’t super-sexy — but there are a few interesting cases on the docket, as Adam Feldman points out. [Empirical SCOTUS]
* Attention 2Ls & 3Ls, here’s a cool contest — with $100K in scholarships as prizes! [PR Newswire (press release)]
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Federal Judges
Federal Judge Uses Pop Culture In Pithy Dissent
Here's a citation you don't often see from a federal appellate judge.