Administrative Law Judges

Maybe work-life balance isn't entirely a myth.

Scary story out of Miami.

She's appealing her case to the same agency that she claims isn’t allowed to judge her.

* “If the LSAC is willing to include GRE scores in the [credential assembly services], then this may be an easy way for the LSAC to continue to certify the accuracy of standardized test scores reported to law schools.” In response to the tantrum LSAC threw over the future certification of LSAT scores, Educational Testing Service, the organization that administers the GRE, has offered to share its exam results with LSAC. [ABA Journal]

* “It is time for the ABA to catch up.” The hotly contested rule proposed by the American Bar Association that would make behavior “[a] lawyer knows or reasonably should know is harassment or discrimination” a form of professional misconduct was “resoundingly adopted” by the House of Delegates earlier this week. Well done, ABA. [WSJ Law Blog]

* Sorry, investment advisers, you make think it’s “unfair,” but according to a recent decision from a three-judge panel of the D.C. Circuit, the Securities and Exchange Commission’s controversial in-house courts are constitutionally sound because the agency’s ALJs don’t make “final” decisions on behalf of the SEC. [Big Law Business]

* Husch Blackwell, which completed a combination with Whyte Hirschboeck in the middle of last month, now not only has bragging rights on finalizing the largest law firm merger of 2016, but it can also claim to have one of the largest real estate practices in the entire country. Congratulations on all of your success! [Midwest Real Estate News]

* Who are eight of the most impressive graduates of Columbia Law School? Would you be surprised to learn that the list includes two former presidents, two Supreme Court justices (one of whom has a law school named after him), a U.S. Attorney General, and various political figures? If you’re interested, check out the list here. [Business Insider]

* Everything’s bigger in Texas, including the lateral raids of lawyers from competing law firms. Wilson Elser just poached 11 litigators from Lewis Brisbois, including the firm’s regional managing partner, who now holds the same title at his new firm. Ride ’em, cowboy! [Houston Business Journal]

* “I think almost 50 years of paying for those crimes is enough.” Winston Moseley, the man convicted of killing Kitty Genovese in an infamous case that came to define the meaning of bystander apathy, was recently denied parole for the eighteenth time. [AP]

* We love an underdog story: On the topic of lateral moves, it seems like Greenberg Traurig has a habit of “cherry picking” top talent from higher-ranked law firms like Davis Polk, White & Case, and McDermott Will & Emery. [Big Law Business / Bloomberg BNA]

* When it comes to the Securities and Exchange Commission’s in-house judges, Chairman Mary Jo White says that while its court system could be “modernize[d],” it’s still a fair process — for the SEC. The house usually wins in these proceedings. [WSJ Law Blog]

* How old is too old to be a judge? Pennsylvania voters are going to be asked this question next year when a referendum on a proposed amendment to the state’s constitution to raise the judicial retirement age from 70 to 75 hits the ballot box. [Philadelphia Inquirer]

* ABC News chief legal analyst Dan Abrams is suing his neighbors over his lawyerly lair — and one of the defendants is a Biglaw partner at a top firm. Expect more on this later. [New York Post]

* Speaking of Biglaw, a familiar tale of financial performance: gross revenue at Am Law 100 firms grew by 4 percent in the first half of 2015, but driven by rate increases rather than demand growth. [American Lawyer]

* If you want the Supreme Court to hear your case, try to steer your cert petition clear of the “long conference,” known as the place “where petitions go to die.” [New York Times]

* Speaking of SCOTUS, the Court won’t come to the rescue of the Kentucky county clerk who refuses to issue marriage licenses to same-sex couples — time to issue those licenses or quit, Kim Davis. [How Appealing]

* But the justices did come to the (temporary) rescue of former Virginia Governor Robert McDonnell, allowing him to remain free until SCOTUS acts on his petition for certiorari. [SCOTUSblog via How Appealing]

* Are criticisms of the S.E.C.’s administrative-law procedures correct? Here’s a study from Professor David Zaring. [New York Times]

* The Show-Me State leads when it comes to showing defendants to their deaths: Missouri has displaced Texas as the “epicenter of the American death penalty.” [The Marshall Project]

* Speaking of capital punishment, I predicted that these particular Ninth Circuit judges wouldn’t be too sympathetic to this challenge to the death penalty — and based on yesterday’s oral argument, it seems I was right. [How Appealing]

* Records show that Case Western Law bought former dean Lawrence Mitchell’s house for $575,000. Was it still furnished with the Chinese silk sheets? [The Observer]

* Judge Posner explains that ALJs are basically working a conveyor belt. To wit, here’s a visual representation of Social Security ALJs at work. [Valpo Law Blog]

* Um, what’s the charge for “acting like you’re in Fast and Furious”? [Legal Juice]

* Republicans making moves to stop net neutrality. Netflix needs to start showing more Bible documentaries to sap this movement’s political will. [Bloomberg Politics]

* Professor Campos reviews a new paper on the future of higher education funding. [Lawyers, Guns & Money]

* The law dean at the University of New Brunswick is accused of “sexism, harassment, and, in one case, threats of violence by two of his former law school colleagues.” That’s some very un-Canadian behavior. But Levitt used to be the dean at Florida A&M, and that does sound like some very Floridian behavior. [CBC] UPDATE (2/23/16 12:57 p.m.): Checking back in on this story we have a LOT to add. Since we first linked to this, the CBC has had to retract its stories about Professor Levitt. It turns out he was not a party, witness or even deposed in the law suits even though CBC was giving off the impression that he was the central figure in criminal cases. It seems he wasn’t even a party to the civil cases when they were reporting that! CBC has had to report that Levitt was absolved or ‘cleared’ of any wrongdoing not once, but twice. The whole saga seems, from what we know today, to have been pretty egregious and raises troubling questions about race and media bias in Canada, as discussed in this piece about the matter.

* How to make your shoes last longer. [Corporette]

* Michael Cannon and Professor Jonathan Adler use some pretty compelling evidence in their amicus brief decrying King v. Burwell. Unfortunately, they kind of made up a quote. When the woman they quoted tries to clear the record, Cannon tells her he understands what she clearly said better than she did. In a sense this is a microcosm for the whole case. [Constitutional Accountability Center]

A jogging lawyer beats his $50 citation. In epic waste of resources, city appeals.

* OMG, you guys! Michael Jackson just died. At least according to concert promoter AEG Live, whose lawyer FINALLY conceded to the claim that Jackson had passed. [CNN] * The new NRA President is a tool lawyer! [Washington Times] * Jim Beck reviews the works of our own Mark Herrmann: Inside Straight(affiliate link) and Drug and Device Product Liability Litigation Strategy [Drug and Device Law] * Quinn Emanuel announces its spoils following up on the departure of Michael Lyle and Eric Lyttle from Weil. [Quinn Emanuel] * Studies suggest that the more elite the school, the more likely its female graduates drop out of the work force after getting married and having kids. Women who run in elite circles and are therefore more likely to marry into financial secure partnerships are also less likely to keep grinding away at a job in order to put their kids through school? No kidding. [The Careerist] * Administrative Law Judges file suit over perceived quotas that they claim trigger the depletion of Social Security. Cost-cutting legislators think the ALJs should be depleting the fund more. Blerg. [Washington Post] * Check out the T-shirt sold at Santa Clara University. The proximity to the Santa Clara Law shirts is… fitting?

A prominent IP litigator gets the "pimp hand" from an ALJ. What did superstar Matt Powers allegedly do to earn this rebuke?