Ann Althouse

  • Non Sequiturs: 11.11.18
    Non-Sequiturs

    Non Sequiturs: 11.11.18

    * The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court’s first signed majority opinion — and, interestingly enough, it’s a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O’Scannlain). [Empirical SCOTUS]

    * When he’s not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books — like his latest, a review of Joel Richard Paul’s new biography of Chief Justice John Marshall (affiliate link). [New York Review of Books]

    * President Donald Trump is transforming the federal judiciary with his youthful and conservative appointments — but the extent of the transformation should not be exaggerated, for reasons identified by Ed Whelan. [Bench Memos / National Review]

    * Ann Althouse analyzes some of the juiciest passages in Michelle Obama’s new memoir (affiliate link). [Althouse]

    * It has been a long time — specifically, more than four years — since the Department of Justice has issued an opinion about the Foreign Corrupt Practices Act, as FCPA guru Mike Koehler points out. [FCPA Professor]

    * Peter Schuck responds, in thoughtful and civil fashion, to the (many) critics of his and Rogers Smith’s argument that the Fourteenth Amendment does not require birthright citizenship for the children of unlawfully present aliens. [PrawfsBlawg]

    * After last Tuesday’s elections, in which Louisiana approved a state constitutional amendment requiring a unanimous jury to convict in a criminal case, Oregon is the only state that allows conviction in some criminal cases without a unanimous jury — and Gerard Magliocca wonders if this is constitutional. [Concurring Opinions]

    * He’s no stranger to our pages, but Isaac Lidsky — the child actor (Saved By The Bell) turned first blind SCOTUS clerk turned successful entrepreneur — still has many insights to share, as he does in this wide-ranging podcast with Goli Kalkhoran. [Lessons From A Quitter]

  • Non-Sequiturs: 09.30.18
    Non-Sequiturs

    Non-Sequiturs: 09.30.18

    * Many believe that today’s Supreme Court is one of the hottest benches in history; Adam Feldman uses data to assess the claim. [Empirical SCOTUS]

    * As for who takes the SCOTUS bench, contingency plays a major role — along with credentials and conservatism, as Ian Millhiser explains. [ThinkProgress]

    * Most people have their minds made up about Thursday’s Supreme Court confirmation hearings featuring Dr. Christine Blasey Ford and Judge Brett Kavanaugh — but if you’re still trying to process the proceedings, David Oscar Markus offers five simple rules for evaluating the witnesses. [The Hill]

    * Ann Althouse has some reflections on Judge Kavanaugh’s emotional testimony and “present-day conservative masculinity.” [Althouse]

    * David Bernstein proffers this interesting solution to the Kavanaugh nomination situation — but don’t hold your breath for its implementation. [Volokh Conspiracy / Reason]

    * If the road to hell is paved with good intentions, “the EU is busy building a three-lane highway that leads to a particularly dark place,” according to Charles Glasser. [Daily Caller]

    * Lawyer Luddites: “AI in the legal space is not scary,” as explained by David Kleiman of Bloomberg Law. [Artificial Lawyer]

    * Indeed, as Greg Lambert argues, lawyers — especially “working partners” — need to join the innovation conversation. [3 Geeks and a Law Blog]

  • Non-Sequiturs: 09.02.18
    Non-Sequiturs

    Non-Sequiturs: 09.02.18

    Ed. note: We will not be publishing on Monday, September 3, in observance of Labor Day.

    * Law librarian Jean O’Grady rounds up the many books written by or about the late Senator John McCain — and extends her “condolences to his families and friends on the passing of a remarkable man.” [Dewey B Strategic]

    * Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain’s successor is appointed before the confirmation vote — but as Adam Feldman explains, Judge Kavanaugh’s path to SCOTUS already looks quite clear. [Empirical SCOTUS]

    * And here’s more good news for Judge Kavanaugh: the American Bar Association just unanimously rated him “Well Qualified” for the Supreme Court, as Ed Whelan reports. [Bench Memos / National Review]

    * Would a Justice Kavanaugh come out in favor of the new Law Clerk Hiring Plan? As Will Baude notes, there does some to be an ideological aspect to this, with liberals more pro-Plan than conservatives. [Volokh Conspiracy / Reason]

    * Law prof Ann Althouse calls out the Washington Post for going after the Trump Administration regarding a policy that was in place under Presidents Obama and Bush as well. [Althouse]
    https://althouse.blogspot.com/2018/08/wapo-is-so-full-of-anti-trump-headlines.html

    * If you’ll be spending Labor Day at the beach, is it okay to take your top off? Here’s some guidance. [Seinfeld Law]

    * Joel Cohen acknowledges that Michael Cohen (no relation) has some incentive to tell prosecutors what they want to hear, but cautions that “we shouldn’t take this all too far.” [Law & Crime]

    * Shawn Gaines of Relativity outlines the ediscovery company’s ambitious plan to create a “legal tech app store.” [Artificial Lawyer]

  • Non-Sequiturs: 06.10.18
    Non-Sequiturs

    Non-Sequiturs: 06.10.18

    * What changes might come to the Supreme Court if Justice Kennedy retires at the end of this Term? Adam Feldman scours the justices’ voting relationships for clues. [Empirical SCOTUS]

    * Speaking of SCOTUS, when it comes to its recent ruling in Masterpiece Cakeshop, Andrew Siegel is not impressed. [PrawfsBlawg]

    * Ilya Somin offers praise for legislation being co-sponsored by Senator Elizabeth Warren — but it will make sense to you once you see the subject matter (hint: her co-sponsor is Senator Cory Gardner of Colorado). [Volokh Conspiracy / Reason]

    * Charles Glasser has no problem with people calling out or criticizing speech that they find offensive, but he argues — rightly so, in my view — that we’ve lost “a sense of proportion, a rational relationship between the speaker, their comments, and their role in society.” [Daily Caller]

    * Ann Althouse’s take on Bill Clinton’s controversial #MeToo comments. [Althouse]

    * Greg Lambert is absolutely right: “Sometimes the change you seek causes problems you didn’t foresee.” [3 Geeks and a Law Blog]

    * Smart-contract checker Sagewise hooks up with Hedera Hashgraph, a “blazing fast” alternative to blockchain. [Artificial Lawyer]

  • Non-Sequiturs: 03.04.18
    Non-Sequiturs

    Non-Sequiturs: 03.04.18

    * Which Supreme Court justice wrote the most dissents over the last 30 or so years? The answer might surprise you. (My guesses came in second and third.) [Empirical SCOTUS]

    * Does the latest constitutional challenge to Obamacare have merit? The 20 states are right on one issue and wrong on another, Ilya Somin explains. [Volokh Conspiracy / Reason]

    * Ann Althouse makes the case against To Kill A Mockingbird. [Althouse]

    * Litigation finance and class actions: two great tastes that taste great together? Professor Brian Fitzpatrick breaks it down. [SSRN]

    * Artificial intelligence is all the rage, but what should lawyers actually look for when it comes to AI-enabled products? Daniel Lewis, co-founder of Ravel Law (now part of LexisNexis), offers his insights. [Dewey B Strategic]

    * As a new dad, I find the notion of prosecuting a parent for improper car-seat installation deeply disturbing — especially after the defendant mom lost her daughter, an already horrific punishment for that mistake. [Slate]

    * Has the Trump Administration drained the swamp, or made it more swampy than ever? The latter — at least if you view Biglaw partners as swamp creatures. [The Nation]

    * Utah legislators try their hand at “Schoolhouse Rock,” and the result is… something. [Twitter (@RobertMaguire_)]

    * Another interesting use case for blockchain: solving IP challenges. [Artificial Lawyer]

  • Non-Sequiturs: 08.09.17
    Non-Sequiturs

    Non-Sequiturs: 08.09.17

    * Which justices dissent most frequently in constitutional cases? The top few probably won’t surprise you, but Adam Feldman has other interesting data too. [Empirical SCOTUS]

    * A hefty — think 132 pages — ruling from the Tenth Circuit, overturning a Native American man’s murder conviction and death sentence, could have major implications. [How Appealing]

    * Warm words from Eugene Volokh for his co-blogger Nick Rosenkranz, a possible Second Circuit nominee. [Volokh Conspiracy / Washington Post]

    * Drew Rossow poses an interesting question: Could Your Roomba Soon Be Sucking Up Your Privacy Rights? [Huffington Post]

    * Ann Althouse analysis on President Trump’s controversial “fire and fury” comments. [Althouse]

    * “THE HORROR. THE HORROR. Newark Terrorized by Whole Foods.” [National Review via Instapundit]

  • Non-Sequiturs: 06.21.17
    Non-Sequiturs

    Non-Sequiturs: 06.21.17

    * “Trump’s Most Lasting Legacy? America’s courts.” [The Atlantic via How Appealing]

    * Speaking of the Supreme Court, which justice is most frequently first out of the gate when it comes to questioning at oral argument? Adam Feldman runs the numbers. [Empirical SCOTUS]

    * Floyd Abrams, celebrated First Amendment lawyer and author (affiliate link), laments the sad state of freedom of speech on college campuses today. [Concurring Opinions]

    * Well, this is interesting: DOJ Pride, the Justice Department’s group for LGBT employees, will honor Gavin Grimm this year, as Chris Geidner reports. [BuzzFeed]

    * Former New York City Mayor Michael Bloomberg, who’s not exactly a Donald Trump fan, thinks the Donald has a better than even chance of winning reelection in 2020. [Instapundit]

    * And he’s not alone, as Ann Althouse’s round-up of reactions to Jon Ossoff’s failed congressional run suggests. [Althouse]

  • Non-Sequiturs: 06.13.17
    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]

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  • Non-Sequiturs: 05.17.17
    Non-Sequiturs

    Non-Sequiturs: 05.17.17

    * Congratulations to Erwin Chemerinsky, the next dean of Berkeley Law! [How Appealing]

    * Speaking of deans, this Yale dean — note, not a dean at the law school — “loves diversity, except for ‘white trash.’” [Instapundit]

    * The latest entrant into the FBI director sweepstakes: former senator Joe Lieberman, now senior counsel at one of Donald Trump’s “go-to” law firms, Kasowitz Benson. [Newsweek]

    * “Americans like piece of paper? I have piece of paper!” [Althouse]

    * In case you were wondering, “Did Rosie O’Donnell ever study constitutional law?” [NewsBusters]

    * Legal nerds, let’s get ready to rumble! Professor Gerard Magliocca asks: “Is Justice Story overrated?” [Concurring Opinions]

    * Shearman & Sterling partner (and podcaster) Richard Hsu is joining the Major leagues — legal recruiting firm Major, Lindsey & Africa, that is. [LinkedIn]

    * Randy Maniloff interviews celebrated lawyer/author Scott Turow, whose new book, Testimony (affiliate link), just came out. [Coverage Opinions]

    * An argument in favor of protecting your cellphone with your thumbprint and a password. [Katz Justice]

    * “If you had to choose a law partner from the characters in Better Call Saul, who would you choose?” [Guile is Good]

    * If you’re a law student interested in ediscovery, check out this contest, sponsored by kCura. [kCura via PR Newswire]

  • Non-Sequiturs: 05.05.17
    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]

  • Non-Sequiturs: 04.19.17
    Non-Sequiturs

    Non-Sequiturs: 04.19.17

    * An interesting look at the life and career of Gloria Allred — who has litigated groundbreaking civil rights cases as well as TMZ fodder. [Coverage Opinions]

    * Lawyer Jose Baez intends to investigate the death of his client Aaron Hernandez, who was found dead in his prison cell after apparently hanging himself. [Deadspin]

    * Footnote of the day (gavel bang: Raffi Melkonian aka @RMFifth Circuit). [Twitter]

    * Professor Jonathan Adler still has doubts about the Emoluments Clause lawsuit against President Trump (although it’s much stronger now, thanks to some additional plaintiffs). [Volokh Conspiracy / Washington Post]

    * Professor Glenn Reynolds has some doubts about diversity (although I suspect he strongly supports intellectual diversity). [Instapundit]

    * Professor Ann Althouse has her doubts about… Democrats (even though she has voted for more Democrats than Republicans over the years). [Althouse]

    * And Professor Eugene Volokh has his doubts about the constitutionality of this order. [Volokh Conspiracy / Washington Post]

    * In honor of national haiku poetry day, here are some verses from Dean Dan Rodriguez of Northwestern Law. [PrawfsBlawg]

    * Congrats to the ACLU of Massachusetts, the national ACLU, the state public defender’s office, and Fick & Marx LLP on a huge and historic win! [ACLU]

  • Non-Sequiturs: 01.31.17
    Non-Sequiturs

    Non-Sequiturs: 01.31.17

    * Adam Feldman makes the case for Justice Neil Gorsuch. (Visit Above the Law at 8 p.m. for our live coverage of the Supreme Court announcement.) [Empirical SCOTUS]

    * Speaking of SCOTUS, a former shortlister and current feeder judge, Judge J. Harvie Wilkinson, has a new book out: All Falling Faiths: Reflections on the Promise and Failure of the 1960s. [Amazon (affiliate link)]

    * Is the “chaos” of the Trump Administration’s early days really just the startup-like disruption of the established order? [Althouse]

    * Professor Ilya Somin analyzes — and endorses — San Francisco’s lawsuit against President Trump’s “sanctuary cities” order. [Volokh Conspiracy / Washington Post]

    * Professor Eric Chiappinelli offers two recommendations for law schools to survive — and even thrive — in today’s challenging environment. [PrawfsBlawg]

    * Is the hiring of lawyer turned journalist Megyn Kelly the first step in NBC’s transformation into the next Fox News? [Instapundit]

  • Non-Sequiturs

    Non-Sequiturs: 01.08.15

    * 60 Minutes correspondent Steve Kroft got to live out many an American’s fantasy: he got to screw a lawyer, again and again. [Gawker]

    * “I guess if I had to change one thing, it would have been to go to law school after college. But I didn’t know what I wanted to be when I grew up until I actually grew up, and by then it was a little too late for those goals.” [XX Factor / Slate]

    * Hoboken councilwoman Beth Mason and her husband, Wachtell Lipton partner Ricky Mason, just got hit with more than $40,000 dollars in fines for election finance reporting violations. [Politicker NJ]

    * Some thoughts from Professor Jonathan Adler on standing up for free speech in the wake of the Charlie Hebdo shootings. [Volokh Conspiracy / Washington Post]

    * Speaking of Charlie Hebdo, Professor Ann Althouse isn’t a fan of slobbery kisses. [Althouse]

    * How do legal rules contribute to the evolution of the institution of marriage? Thoughts from Professors Naomi Cahn and June Carbone. [Concurring Opinions]

Sponsored

  • Ann Althouse, Health Care / Medicine, Movies, Murder, Non-Sequiturs, Religion, SCOTUS, Supreme Court, Trials, Women's Issues, YouTube

    Non-Sequiturs: 03.25.14

    * Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse] * Professor Nelson Tebbe’s take on the proceedings. [Balkinization] * Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel] * “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit] * YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex] * “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]
  • Ann Althouse, Gay, Gay Marriage, Law Schools, Legal Ethics, Non-Sequiturs

    Non-Sequiturs: 02.26.14

    * Congratulations to A&L Goodbody partner Cian McCourt on becoming a father after his wife gave birth on the sidewalk at 68th Street and 3rd Avenue. [BBC News] * A class action alleging that hotel price gouging led to a broken tooth. What? [Lowering the Bar] * Remember the “you’re not good enough” rejection letter? Well, now you can express your feelings about it with this poll. [Althouse] * A comprehensive survey to the access to justice available to the average America. Spoiler alert: Not a lot. [National Center for Access to Justice] * Florida-sized corruption allegations. [South Florida Lawyers] * Is law school a Veblen good? [Lawyers, Guns & Money] * Dan Patrick (the Texas Republican, not the famous anchor) told all his Twitter followers the true definition of marriage: “ONE MAN & ONE MAN.” Sorry, lesbians. [Slate]
  • Asians, Books, Cass Sunstein, Celebrities, Drinking, Drugs, Elena Kagan, Jed Rubenfeld, Kids, Law Professors, Law Schools, Non-Sequiturs, Racism, SCOTUS, Student Loans, Supreme Court, Tax Law

    Non-Sequiturs: 02.03.14

    * Woody Allen’s lawyer, Elkan Abramowitz, responds to Dylan Farrow’s account of alleged sexual abuse at the hands of her famous father. [Gawker; Gothamist] * Sound advice from Professor Glenn Reynolds on how not to increase applications to your law school. [Instapundit] * What is a “nitro dump,” and will it provide information about who (or what) killed Philip Seymour Hoffman? [ATL Redline] * “Is Elena Kagan a ‘paranoid libertarian?’ Judging by [Cass] Sunstein’s definition, the answer is yes.” [Reason via Althouse] * A petition of possible interest to debt-laden law school graduates: “Increase the student loan interest deduction from $2,500 to the interest actually paid.” [WhiteHouse.gov] * Vivia Chen wonders: Is Amy Chua, co-author of The Triple Package (affiliate link), being attacked as racist in a way that it itself racist? [Time] * Yikes — journalists around the country have been receiving “a flurry of subpoenas in recent months,” according to Jeff Kosseff of Covington & Burling. [InsideTechMedia] * Congratulations to Orrick’s 15 new partners — an impressively diverse group, from a wide range of practice areas and from offices around the world. [Orrick Herrington & Sutcliffe]
  • Ann Althouse, DUI / DWI, Gay, Gay Marriage, Law Professors, Law Schools, Non-Sequiturs, Politics, Tax Law

    Non-Sequiturs: 05.20.13

    * Justin Bieber has apparently abandoned his 20-week-old monkey, Mally, after having her confiscated because he couldn’t comply with animal control laws in Germany. Now in a shelter somewhere in Germany, there’s one more lonely girl. [Lowering the Bar] * Ann Althouse posted FOUR TIMES about Barack Obama’s umbrella over the weekend. Somebody is really putting off grading those papers. [Althouse] * Alabama judge faces $25 million lawsuit alleging he improperly took a case from another judge and issued damaging rulings. This is the judge who ran against Chief Justice Roy “Don’t Remove the Ten Commandments From the Courthouse” Moore. The moral of the story is: don’t use the Alabama judicial system. [Legal Schnauzer] * The FBI may be looking into whether lawyers conspired to have opposing counsel arrested on DUI charges by using a “comely paralegal” to get the lawyer drunk and then ask him to drive her home. [Tampa Bay Times] * Statewide Virginia Republican candidates are no friends of the libertarian wing of the conservative movement. On the other hand, are there viable conservative candidates not named “Paul” that are friends of the libertarian wing of the conservative movement? [CATO at Liberty] * The IRS scandal gets the SNL treatment courtesy of Seth Meyers and Amy Poehler. Video after the jump…
  • Ann Althouse, Contests, Federal Government, Non-Sequiturs, Parties, Prisons, Technology, U.S. Attorneys Offices

    Non-Sequiturs: 02.06.13

    * Former Biglaw associate Tabber Benedict, whom we’ve mentioned before (in happier times), reportedly threw a lavish “going away” party — going away to prison, that is. [Daily Mail] * Take your pick: is government an “impetuous vortex” or a “hideous monster [with] devouring jaws”? [Althouse] * Some thoughts from Juan Haines, a current San Quentin inmate and jailhouse lawyer, on wrongful conviction. [Life of the Law] * In defense of the weekly meeting. [What About Clients?] * Prosecutors: above the (traffic) law? [UTSanDiego.com] * And how about the U.S. Postal Service? [Felix Salmon] * The furor over U.S. Attorney Carmen Ortiz and the late Aaron Swartz shows no sign of abating. [How Appealing] * Speaking of technology law, how would you like to win $5,000? If so, check out this contest. [IT-Lex]
  • Ann Althouse, Football, Guns / Firearms, Hotties, Law School Deans, Non-Sequiturs, Paralegals, Pregnancy / Paternity, Suicide

    Non-Sequiturs: 01.16.13

    * Not a Victoria’s Secret angel’s fantasy: being sued for $3.3 million. [Fashionista] * Should a widow be able to extract sperm from the body of her husband, who recently committed suicide, so she can have a child with him? Some thoughts from Professor Glenn Cohen of Harvard Law. [Bill of Health] * Speaking of suicide, controversy over the prosecution of the late Aaron Swartz rages on. [How Appealing and Instapundit] * Professor Ann Althouse isn’t a fan of the “if we can save one life” argument for gun control. [Althouse] * I don’t know anything about football, but even I chuckled at this. [Life in Biglaw] * ‘Tis the season… for replacing law school deans. Congratulations to Michael Hunter Schwartz, the new dean at Arkansas – Little Rock. [Faculty Lounge] After the jump, Elie challenges Mike Bloomberg to make him skinny…. Elie also discusses the hot issue of the day, gun control, on HuffPost Live: