Affirmative Action

Just take a compliance class, bro.

* This year, like every year before it, SCOTUS is saving the best cases (read: most controversial) for last. We’ll likely see opinions on voting rights, affirmative action, and gay marriage in June. [WSJ Law Blog]

* We know of at least one Biglaw firm that will be putting its increase in gross revenue to work. Boies Schiller is planning to open its first office outside of the United States in the “near-term.” [Am Law Daily]

* If you’d like to get paid under a terrorism insurance policy for your damages in the Boston bombings, you’ll have to wait; the bombings haven’t been certified as acts of terror yet. [National Law Journal]

* Mandatory pro bono work is now required for bar admission in New York, but it’s still not enough to close the justice gap. Now Chief Judge Lippman wants to give non-lawyers a chance to provide legal services. [New York Law Journal]

* Arizona Law recently made the announcement that interim dean Marc Miller has been instated as the school’s permanent dean. What’s not to like about a “new” dean and new tuition cuts? [UANews]

* As many of our readers know, the job market is rough, but apparently if you take some compliance classes in law school, you’ll magically become employable. Great success! [Corporate Counsel]

* Brooklyn Law, do you remember what your old dorm looked like? It’s different now that it’s been transformed into an apartment complex that’s no longer stained with the tears of law students. [Curbed]

* An analysis of Vijay Singh’s suit against the PGA. Any legal analysis that requires that much use of the phrase “deer antler spray” is worth it. [Sports Law Blog]

* The highest paid state employee by state. If you’re a lawyer, you want to live in Maine. [Deadspin]

* A visual representation of every Federalist Society event. [UChiLawGo]

* Cheez-Its are really, really good. [Legal Juice]

* “The only thing that can stop a bad guy with a gun is a bear cub with a gun. Or something.” [Bear Lawyer]

* Professor Nick Rosenkranz wonders if a 50/50 quota is appropriate to generate intellectual diversity at law schools since Harvard Law seems to think that gender diversity merits a 50/50 quota. The answer is no. Thanks for playing. [Volokh Conspiracy]

* Our own rankings guru Brian Dalton sat down for an interview about the new ATL Top 50 Law Schools rankings. [PrawfsBlawg]

* And Elie went on Bloomberg to discuss our inaugural rankings, too….

double red triangle arrows Continue reading “Non-Sequiturs: 05.09.13″

A needed essential for Justice Breyer?

Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]

* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]

* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]

* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]

* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]

* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]

* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]

* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]

New York Court of Appeals

Two straight articles about Senate confirmation powers from me. Using @recessappt as my Twitter handle is looking pretty prescient.

This time we’re talking about the New York State Senate, where Governor (and world’s least discreet White House aspirant) Andrew Cuomo found out that the Judiciary Committee has begrudgingly allowed Cuomo’s nominee for the New York Court of Appeals, Jenny Rivera, to move to the floor without a recommendation. A bold move, but at least Rivera made it out of the committee, because the committee had enough ticked-off GOP members that it could have killed the nomination outright — and the committee has never rejected a governor’s nominee before. As is, a few Republicans voted to let the nomination move forward with recommendation rather than kill it.

So there you go Democrats! Cuomo can get bulldozed by a Senate like a champ.

But at least the whole affair provides us with highbrow commentary on the state of affirmative action….

double red triangle arrows Continue reading “Andrew Cuomo Pads His White House Quals By Having Senate Crap All Over His Nominee”

Wise Latina?

[F]ederal judges are not just politicians in robes, though that is part of what they are.

– Professor Lee Epstein, Professor William M. Landes, and Judge Richard Posner, writing about judges and politics in their forthcoming book, The Behavior of Federal Judges (affiliate link).

(Additional highlights from Adam Liptak’s article about their research, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Partisan Hearts Beating Underneath Their Robes?”

* Who will represent General David Petraeus as he continues to battle the fallout from his scandalous affair with Paula Broadwell? None other than Williams & Connolly partner Robert Barnett, a lawyer for Washington, D.C.’s most elite. [Blog of Legal Times]

* Just in case you weren’t somehow aware, it costs quite a pretty penny to make bankrupt Biglaw firms go away. For example, more than 40 firms have paid off Brobeck, Coudert, Heller, Howrey, and Thelen with settlements of more than $35.5M. [Am Law Daily]

* Hostess and the striking Bakers’ Union have agreed to go to mediation to prevent the company’s wind down. Judge Drain should force feed them delicious Ding Dongs to make them see the error of their ways. [Wall Street Journal]

* “Even without a so-called affirmative-action ban, law schools aren’t doing great in terms of diversity.” That’s probably why admissions officers are so worried about the verdict in Fisher v. Texas. [National Law Journal]

* For the last time, going to law school isn’t the solution for having no idea what you want to do with your life after college. And you don’t need a JD/MBA, either. [Law Admissions Lowdown / U.S. News & World Report]

* Sometimes, when people from LSAC deny you extra time on the LSAT, you sit back and deal with it. Other times, you sue their pants off because your dad is a power litigator — and then you settle. [New York Post]

Is there anything more American than an argument at the Supreme Court about affirmative action?

It combines so many things unique to our country: an obsession with elite institutions (including both the Supreme Court and the University of Texas, one of our best public schools); passionate arguments about our nation’s long and complicated relationship with race; the relentless striving for success and attainment familiar to so many of us who want to be a named plaintiff in a Supreme Court case (or get into college, depending); and, of course, protests outside a government building.

My fellow lawyers, Alexis de Tocqueville was right — “[s]carcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” Surely this form of American exceptionalism should be the most celebrated by the noble readers of Above the Law.

If there is any advantage to the way some in our nation attempt to affect the presence of minorities in elite colleges — through litigation rather than, say, appropriations — it’s that it leads to an awesome spectacle at One First Street NE.

And to that spectacle we now turn….

double red triangle arrows Continue reading “Is There A Critical Mass On The Supreme Court To Follow The Court’s Affirmative Action Precedents?”

Sarah Jones

* “I don’t think that we even need to have a race box on the application.” Abigail Fisher is getting even more time in the spotlight thanks to this media interview, which is sure to be the first of many. [New York Times]

* “[T]hey didn’t do anything wrong civilly — and they certainly didn’t do anything wrong criminally.” Tell that to the prosecutors who are looking into the circumstances of Dewey & LeBoeuf’s epic fail. [Wall Street Journal]

* Lateral hiring in midsize/regional firms seems to be up for those with “real-world experience,” but the starting salaries aren’t anything to write home about — they’re still on the “low” side. [Connecticut Law Tribune]

* Jerry Sandusky’s sentencing hearing is today, and in addition to the tape he already released, he’s planning to read a statement before he receives what’s likely to be a life sentence. WE ARE… kind of tired of hearing about his supposed innocence. [CNN]

* “There are fewer interviews and fewer schools interviewing.” This week, would-be law profs who attend the AALS “meat market” will get a taste of what recent graduates have been experiencing. [National Law Journal]

* Sarah Jones, aka “The Dirty Bengals Cheerleader,” reached a plea agreement in her sexual misconduct case. She won’t get jail time, but she wants to go to law school. Same difference, amirite? [Washington Post]

* Alicia Guastaferro, the pageant princess-cum-alleged prostitute, will plead not guilty later this week. If Wife Swap had a “Where Are They Now” edition, this girl would assure good ratings. [Democrat and Chronicle]

Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.

Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).

That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.

What did Messrs. Clement and Goldstein have to say about OT 2012?

double red triangle arrows Continue reading “A Preview of the Upcoming Supreme Court Term (OT 2012)”

Page 4 of 71234567