Administrative Law
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Non-Sequiturs
Non-Sequiturs: 08.26.18
* Jane Genova explores the implications of Jones Day’s representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More]
* Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill]
* As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states — and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason]
* Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller]
* If you’re an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business]
* The justices will consider more than 1,000 certiorari petitions at the “long conference” on September 24 — and Adam Feldman identifies some of the standouts. [Empirical SCOTUS]
* Speaking of SCOTUS, if you’ll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump’s transformation of the federal judiciary. [Yale Federalist Society]
* The World Bank launches the world’s first BONDI, or “blockchain operated new debt instrument,” with an assist from King & Wood Mallesons. [Artificial Lawyer]
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Non-Sequiturs
Non-Sequiturs: 07.08.18
* After the D.C. Circuit, which circuit has produced the most justices who have joined the Supreme Court after 1900? The answer might surprise you. [Empirical SCOTUS]
* Here are thoughts on the SCOTUS shortlisters from my colleague Joe Patrice — who explains why it’s unlikely we’ll get another Souter. [The Takeaway / WNYC]
* Here are where the leading Court candidates stand on issues of admin law, courtesy of Chris Walker and company. [Notice & Comment / Yale Journal on Regulation]
* And here’s a response to my argument that liberals shouldn’t panic about SCOTUS, from San Francisco litigator Gordon Renneisen. [Law360]
* Leah Litman believes that the new justice spells trouble for Roe — but the specific reasoning for undermining Roe could take different forms. [Take Care]
* Josh Blackman explains why court packing would be neither feasible nor wise. [National Review]
* Veronica Root uses law clerk hiring as a jumping-off point to explain why diversity and compliance are deeply intertwined. [PrawfsBlawg]
* “Mysterious men and women in wizard-like robes make decisions in private that profoundly shape our lives.” Are we talking about SCOTUS, or… The Incredibles? [Gizmodo]
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Government
In Spectacular Move, Federal Agency Manages To Be Both 'Arbitrary' AND 'Capricious'
It's so easy to comply with the APA, how are they so bad at it?
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Guns / Firearms, Justice, Politics
The NRA's Intellectually Dishonest Stand On Bump Stocks, Explained
The NRA hopes you fell asleep during Admin Law. -
Job Searches, Wall Street
10 Things To Know About Consumer Financial Regulatory Practice
The relative newness of many consumer finance regulations makes for an interesting practice area. -
Biglaw, General Counsel, In-House Counsel, Technology
5 Ways In Which The Business Of Law Is NOT Changing Anytime Soon
Are we experiencing, or about to experience, a revolution in the world of legal services? Slow your roll.... -
Constitutional Law, Politics
The Trump Presidency: Restoring Constitutional Order, After Constitutional Anarchy
Please welcome conservative columnist Kayleigh McEnany back to the pages of Above the Law! -
Morning Docket
Morning Docket: 01.13.17
* The University of Houston Law Center and the South Texas College of Law Houston (formerly known as the Houston College of Law and the South Texas College of Law) still haven’t been able to resolve their trademark tiff. A judge has encouraged both law schools to “keep at it” to avoid a trial. [Houston Chronicle]
* Earlier this week, the House of Representatives passed the Regulatory Accountability Act of 2017, a bill ending Chevron deference — perhaps the most important principal of administrative law. Apparently it will be much better for job creation and economic growth if judges ignore regulatory agencies’ legal interpretations. [Law360 (sub. req.)]
* Leslie Caldwell, the head of the Justice Department’s criminal division, will be stepping down from her post today. She has no idea what’s ahead of her aside from a trip to the Caribbean next week. As far as her prospective successor is concerned, she thinks accessing data on encrypted devices will be “problem No. 1 to address.” [WSJ Law Blog]
* A New Jersey judge has refused to dismiss a gubernatorial candidate’s criminal complaint against Governor Chris Christie over the Bridgegate scandal, noting that a lower court judge “improperly denied counsel [to Christie] at a critical stage” of the case. If probable cause is found, Christie may face charges, just like his colleagues. [Reuters]
* “Even if we could justify the need … it is far from clear that the funding case could be made….” Given the turmoil at Charlotte Law, people are wondering whether it would be a good idea for UNC Charlotte to open a law school. Just because one law school may be closing, it doesn’t mean that another needs to open in its place. [Charlotte Observer]
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9th Circuit, Diarmuid O'Scannlain, Federal Judges
In The Ninth Circuit, Nobody Can Hear You Scream
Footnote. Of. The week! -
American Bar Association / ABA, Sex, Technology
This Week In Legal Tech: Showdown At The ABA Over Free Law And Free Sex
Ignorance of the law excuses no one; is it fair, then, that citizens should have to pay for the law they are obliged to know? -
Non-Sequiturs
Non-Sequiturs: 02.12.16
Ed. note: In honor of Presidents’ Day, Above the Law will not be publishing on Monday. We hope everyone is able to enjoy a nice, long weekend! See you online on Tuesday.
* What kind of constitution would the Rebels have written after overthrowing the Emperor? Let’s take this all the way: what pseudonym would Jar Jar use in writing the Galactic Federalist Papers? [Business of Law Blog]
* Did the recent “Madoff” miniseries really have to fixate so much on his Judaism? Sure, it was part of his identity, but didn’t it kind of cross over into Shylock territory? [St. Louis Jewish Light]
* The prosecution is starting to lay out the details in the case against Sunderland soccer player Adam Johnson for his relationship with a 15-year-old fan. [Screamer]
* Reflecting on Chief Judge Judith Kaye’s legacy of trial court reform. [Cityland]
* Judge Sylvania Woods would be rolling over in his grave if he knew about the child porn scandal going on at his namesake school. [Katz Justice]
* Weil Gotshal Chairman Barry Wolf better get used to being on the other side of the table — he’s subpoenaed to testify in a lawsuit over a condo dispute. [Dan Abrams]
* “An Administrative Law Fairy Tale.” [Library of Law and Liberty]
* This is what happens when an NYC lawyer hangs out with the Marines and Navy for four days. [U.S. Naval Institute]
* You think you’re a ruthless lawyer? You aren’t ruthless unless you’re Sun Tzu ruthless. [Law and Disorder]
* Here’s an optimistic take on the future of Biglaw. [CodeX]
* David Schwimmer playing the late attorney and father of a reality TV dynasty Robert Kardashian not doing it for you? Don’t worry, Yeezy’s got your back… literally. [People]
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California, Marijuana
An Overview Of California's New (And Improved) Medical Marijuana Laws
California is going to have one of the most comprehensive and complicated medical marijuana licensing regimes in the country, as marijuana law columnist Hilary Bricken explains.
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Morning Docket
Morning Docket: 09.01.15
* 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]
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Alex Kozinski, Quote of the Day
Judge Kozinski Makes Federal Forestry Regulations Fun
Whether you agree or disagree with his views, you must admit that Judge Kozinski has a way with words. -
White-Collar Crime
Should Judges Interpret the Law?
Judge Rakoff suggests that administrative actions not only tilt the outcome further toward the government, they make bad law. -
Screw-Ups, Technology
Practice Pointer: Don't Let Your iPhone Spellcheck Your Brief
Check out this error, which is both entertaining and educational. -
Federal Government
Agency Capture: Saying No
Instead of relying on "no" a government lawyer should make every effort to find a "no, but..." -
Environment / Environmental Law, Laurence Tribe, Law Professors
Et Tu, Laurence Tribe?
Why is a leading liberal legal scholar coming to the defense of Big Coal? -
Federal Government
Agency Capture -- Competition
The DOJ's monopoly on government representation warps the attorney-client relationship.