9th Circuit
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Non-Sequiturs
Non-Sequiturs: 08.10.16
* “NEW CIVILITY WATCH: Dem Senate candidate and former Ohio Gov. Ted Strickland: Scalia’s death ‘happened at a good time.'” [Instapundit]
* A Skull and Bones society for top NYC law firms? Professor Rick Swedloff discusses a secretive group whose membership includes some of Biglaw’s biggest names. [SSRN]
* A notable new petition (filed by Professor Orin Kerr and Marcia Hofmann) in a high-profile appeal about the Computer Fraud and Abuse Act. [Volokh Conspiracy]
* Donald Trump’s infamous “Second Amendment” quip is protected by the First Amendment — but just barely, according to Professor Noah Feldman. [Bloomberg View via How Appealing]
* Jury consultant Roy Futterman of DOAR wonders: is concern about prejudicing jurors actually driving them to using the internet for decision-making? [Big Law Business]
* Could the ABA someday lose its power to accredit law schools? Steven J. Harper thinks its day of reckoning is coming closer. [The Belly of the Beast]
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9th Circuit, Alex Kozinski, Litigators
Judge Kozinski Won't Read Your 'Fat' Or 'Chubby' Brief
Protip: when in the Ninth Circuit, avoid filing an overlength brief at all costs. - Sponsored
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9th Circuit, Federal Judges
This Federal Judge Just Loves Nerding Out
Judge Owens agrees this is the law, but that doesn't mean he thinks it should be the law.
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Alex Kozinski, Benchslaps, Prisons, Religion
Benchslaps All Around: Watch Out For Those Wiccans
Did a Wiccan prisoner cast a spell on the Ninth Circuit? -
Morning Docket
Morning Docket: 06.03.16
* A ray of light for Madonna as the Ninth Circuit hands her a victory in a long-running copyright infringement case, creating a circuit split in the process. [Billboard]
* The New York Court of Appeals overturns the $17.2 million award Washington Redskins owner Dan Snyder earlier won against Cadwalader at summary judgment. Life’s hard for billionaires who beg regular people pay their bills for them. [Law360]
* Kirkland & Ellis plays hardball with departing partner, forcing him to repay a $120K bonus before walking out the door. [Legal Week]
* This is why we can’t have nice things. Literally. Intellectual property concerns threaten customizable goods. [Corporate Counsel]
* Texas AG Ken Paxton’s still gonna have to face those criminal fraud charges. [Courthouse News Service]
* Industry groups come out of the woodwork to challenge a Department of Labor rule requiring retirement advisors to act in the best interest of their customers. Crocodile tears abound as the groups claim they agree with the sentiment of the rule but just want the SEC to write it — knowing full well that the SEC isn’t going to write it. [Wall Street Journal]
* Add ABA President Paulette Brown to the list of people outraged that Donald Trump is criticizing a federal judge for, among other things, being of Mexican descent. [Law360]
* Irell gets sneaky in this copyright win over pre-1972 songs. [Litigation Daily]
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Benchslaps
Federal Judge Reamed For Ex Parte Witness Prep
"When the discussion starts with the Code of Conduct for United States Judges, you know it's going to be good." -
Morning Docket
Morning Docket: 05.13.16
* “Congress is the only source for such an appropriation, and no public money can be spent without one.” The House was successful in its suit over the improper funding of an Obamacare subsidy program, but this victory may serve as a setback to those who have come to rely upon it. You can expect the Obama administration to appeal. [POLITICO]
* The Ninth Circuit will allow attorneys who secured a victory in the Stetson BARBRI antitrust case to get a second chance to score the nearly $2M in attorneys fees they originally requested before Judge Manuel Real shot them down. Due to his prior “erroneous findings and conclusions,” the Ninth Circuit has essentially removed Judge Real from the case. [Courthouse News Service]
* “People are turned off on legal education because of a lack of suitable paying jobs.” Even while facing a dearth of applicants, Minnesota Law has decided to scale back on the size of its first-year class — taking in less of the tuition income that it needs to survive — in order to preserve its standing as a top law school. [DealBook / New York Times]
* Former partners of the dearly departed Dickstein Shapiro will no longer have to worry about that $8.4 million sublease lawsuit filed by Sullivan & Worcester after they left the firm’s New York office to lateral en masse to Blank Rome. Both sides have amicably resolved their dispute, but we wonder how much it cost to do so. [Big Law Business]
* A grand jury has upgraded the charges against Ryan Petersen, the man alleged to have shot 23-year-old law firm clerk Chase Passauer to death in his office chair. Peterson had been charged with second-degree murder in Passauer’s death, but now faces a charge of premeditated first-degree murder for the commission of the crime. [Star Tribune]
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Morning Docket
Morning Docket: 04.12.16
* Howrey doing with all those profit clawbacks for unfinished business? The bankruptcy trustee for this defunct firm filed an appeal with the Ninth Circuit to determine whether his method of collecting cash for the insolvent firm’s estate was legal, and in an amicus brief, the ABA has sided with the law firms being bilked for funds, saying such efforts must be nixed. [ABA Journal]
* The Tenth Circuit dismissed a challenge to Utah’s ban on polygamy that was brought by TLC’s “Sister Wives” family, saying they didn’t have standing to sue as they were no longer subject to a credible threat of prosecution. This will probably add fuel to the rumors that the show is on the verge of cancellation before Season 7. [WSJ Law Blog]
* The SEC has charged Texas Attorney General Ken Paxton in connection to a stock scam involving tech company Servergy. Paxton allegedly assisted the company with raising investor funds, but never disclosed his commissions. With three pending criminal indictments and a bar complaint, this guy is batting 1000. [Dallas Morning News]
* Reclaim Harvard Law protestors who have been occupying the school’s student center claim that they found a voice-activated recording device in “Belinda Hall,” and have interpreted this as an “intentional effort to surveil [their] movement.” If your goal was to get people to listen to your message, consider this an achievement unlocked. [Observer]
* If you’re uncertain about your law school decision, you can certainly put down multiple seat deposits, but we’re not sure why you would want to. By all means, start your legal education by putting yourself into debt — you’ll be off to a great start for the six figures of loans you’ll have accumulated by graduation. [Law Admissions Lowdown / U.S. News]
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Benchslaps, Federal Judges
The Federal Judiciary's Most Benchslapped Judge Comes Back For More
This is what happens when a federal judge has a penchant for... unprofessional behavior. -
Trivia Question of the Day
The Ninth Circuit Sure Has Changed A Lot
Lots has happened since the largest judicial circuit was created. -
9th Circuit, Federal Judges, Politics
Will We See A Return Of The Ninth Circuit Curse?
Will this latest effort to break up the Ninth Circuit get better traction than past attempts? -
Benchslaps, Federal Government
Federal Judge Sides With Protesting Ranchers, Earns Massive Benchslap
The pet federal judge of the Oregon standoff yokels hit with a benchslap after making up law to suit their philosophy. -
Public Interest
Of Child Slavery And Chocolate
The Supreme Court declined to take up a high-profile petition on corporate liability for child slavery a world away.
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Intellectual Property, Technology
Ninth Circuit Appeals Court Decision On Fair Use And Right Of First Sale Fails To Budge The Needle On Either Issue
Little clarity on the shady copyright loophole that tech companies keep pushing -
Non-Sequiturs
Non-Sequiturs: 12.16.15
* In a moving long-form piece, the Marshall Project details how the criminal justice system failed a rape victim. [The Marshall Project]
* “As a debater, a product of Jesuit schooling, a scholar of religion, and a legal scholar, I was taught that words matter. Rational discourse matters. Setting an example matters.” NYU President John Sexton makes a powerful statement on the rise of Islamaphobia. [NYU]
* Eric Schniederman is in the news for a reason unrelated to fantasy football — he’s banning the sale of realistic toy guns this Christmas. [Press Connects]
* David Lat pontificates on this year’s bonuses. [Big Law Business / Bloomberg BNA]
* That judge who held 3 kids in contempt for refusing to visit their father now faces disciplinary action. [Jezebel]
* In economic terms, what do painkillers really cost? [Law and More]
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Federal Judges, Social Media, Technology
An Update On The Federal Judge And 'His' Twitter Account
What does the government have to say in defense of the allegedly tweeting judge? -
Federal Judges, SCOTUS, Supreme Court
Who Is The Nation's Foremost Federal Judge?
Did you know that there's an actual award, including a cash prize, for this distinction? -
Federal Judges, Social Media, Technology
A Federal Judge And His Twitter Account: A Cautionary Tale
Do you think this judge crossed the line in his use of social media? -
9th Circuit, Animal Law, Quote of the Day
The Introduction To A Motion That You Really Must Read
Insert Ninth Circuit joke here. -
In-House Counsel
Was This TV Network General Counsel Never Admitted To The Bar?
I hate keeping up with CLE as much as the next lawyer, but this is a pretty extreme avoidance strategy.