Antonin Scalia

Judge Mark Fuller

* Judge Mark Fuller is back in the news, with Senator Richard Shelby leading a chorus of legislators calling for the judge to resign in light of his domestic violence arrest. [All In with Chris Hayes / MSNBC]

* Further fallout from Hobby Lobby: suborning child labor is free exercise. Hurray! [Time]

* It’s not just that female partners aren’t getting ahead of their male counterparts, they’re falling further behind. Probably not leaning in enough or whatever the latest insulting sound byte is. [The Careerist]

* After learning that Yale is going to start teaching basic financial literacy, more advice on managing student debt is cropping up. [Boston.com]

* A Nevada state judge checks out the other side of the bench, pleading guilty to a federal conspiracy rap. [Las Vegas Sun]

* Well there’s something I hadn’t thought of: classifying spankers as pedophiles for the purpose of custody hearings. [Law and More]

* This is an important life lesson kids: when you’re in a car, don’t light the driver on fire. [KTVB]

* Walking down the (very short) memory lane of Justice Scalia’s liberal moments. [Slate]

* More on Lateral.ly and its effort to replace headhunters. Basically it’s the Tinder of job hunting. [Washington Post]

* Suffolk seems to have given up on advertising to appeal to a false sense of local pride. So now a new law school has taken up that same banner…

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Jodi Arias says, ‘You could own these!’

* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]

* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]

* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]

* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]

* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]

* Mexican drug cartels are moving beyond shipping cocaine and are starting to grow the stuff too. As long as they stop hijacking lime shipments and driving up margarita prices. [Vocativ]

* The prosecutor who admitted Ray Rice into a pre-trial intervention program (and there are pros and cons to that decision) specifically denied the same option to a working single mother of two who didn’t realize her out of state gun permit wasn’t accepted. She was offered a 3+ year prison deal. Because, you know… prosecutors. [Huffington Post]

* If you’re planning on getting arrested in New Orleans — and who isn’t? — don’t get arrested at night. [The Times-Picayune]

* A federal judge is accused of sexual misconduct with a clerk. I had to check twice to make sure this wasn’t just a plot point in David’s upcoming book (affiliate link). [Waco Tribune-Herald]

* Defense lawyer allegedly drives drunk… to the courthouse. [Indianapolis Star]

* The complex legal tapestry of sandwiches. [The Atlantic]

* “Mathew Martoma’s Parents Raise Some Good, Less Good Points.” [Dealbreaker]

* If you were interested in the mélange of issues surrounding privilege, whistleblowing, and litigation finance, here’s a primer. [LFC360]

* Jimmy Kimmel asked some New York Fashion Week attendees about Justice Scalia. Hilarity ensues. Video embedded below… [YouTube]

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Joe Freeman Britt won’t forgive murder. Or, apparently, people who DON’T commit murder.

Well, let’s say, if I was a bully, he is a pussy. How about that? I think Johnson Britt has been hanging around too much with the wine and cheese crowd.

– Former District Attorney Joe Freeman Britt, discussing his successor (and relative), current DA Johnson Britt, because the younger Britt had the audacity to support releasing men that Britt the Elder prosecuted for rape and murder just because the DNA evidence exonerated them. Britt the Younger blames his predecessor’s bullying and browbeating style for hindering the search for truth, such as ignoring the serial rapist living 100 yards from the crime scene. Joe Britt has no time for such cream puff notions. Will Justice Scalia follow Joe Britt’s lead?

It looks even better next to some of the other cases currently before us which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional — for example, the case of the 11-year old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!

– Justice Antonin Scalia in Callins v. Collins, 510 U.S. 1141 (1994). The quote looms large today as Justice Scalia’s smugly presented example of how the death penalty can’t possibly be unconstitutionally applied fell apart in epic fashion. DNA evidence exonerated the men convicted of the brutal rape and murder of Sabrina Buie. The prosecutor did not oppose release of the men because DNA evidence pointed to the real perpetrator, a criminal who was convicted of a similar crime soon after Sabrina’s murder. Of all the capital cases in America, many (though certainly nowhere near all) of which do involve criminals who actually committed the crime, Justice Scalia chose at random a case that ultimately confirmed Justice Blackmun’s argument. On the heels of his dissent in Windsor, it’s worth wondering if Justice Scalia is cursed to have his every sarcastic quip fly back in his face.

* The new icon of the Islamic State is a hipster with a law degree. Where’s his Career Alternatives piece? (Alternate quips: For his money, the evening call to prayer must be on vinyl. When decrying alcohol as sinful, he prefers PBR. The scimitar in that picture is from the vintage store. Which direction is Mecca from the Williamsburg Bridge?). [The Telegraph]

* A high school teacher showed up to work intoxicated and without pants on the first day on the job. And thus ends Elie’s career as a high school teacher. [CBS Houston]

* Google is tipping off authorities about criminal activity in Gmail accounts. I believe this message is brought to you by Hotmail. [CNBC]

* Smaller law firms are capturing more and more M&A work per a study by CounselLink. Biglaw may be coming “back” when it comes to hiring, but the trend of clients shifting work to smaller firms continues. [Wall Street Journal]

* We talk a lot about the justice gap in this country. Now some enterprising Utah lawyers are out there making legal services affordable. [The Atlantic]

* “This is not a life story that will end well.” Indeed. [Law Lemmings]

* Thanks to Betterment for sponsoring a great event last night with expert in-house counsel on becoming a startup company lawyer. Check out what you missed. [Betterment]

* A video of Notorious RBG describing the 2013-14 Term. She also explains her approval of the title of Derrick Wang’s opera Scalia/Ginsburg. Embed below…. [Derrick Wang]

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Judge Richard KopfNine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.

And then all manner of shock and hand-wringing commenced.

It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?

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Look, I’m an originalist, but I’m not a nut.

– Justice Antonin Scalia, when asked to compare his judicial philosophy to that of Justice Clarence Thomas. The story comes to us from an anecdote told by Jeffrey Toobin a couple years ago that is now available on video.

(Do you want to see the video? Of course you do. It’s beyond the jump…)

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The Am Law 100 average spread is 11.1 to 1.

* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]

* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]

* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]

* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]

* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]

* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. :( [CNN]

Justice Samuel Alito

[T]he 64-year-old [Samuel] Alito — a George W. Bush appointee — is aggressively staking out ground as a successor or even rival of sorts to Justice Antonin Scalia, 78, who’s often viewed as the intellectual leader of the court’s conservative wing. But he’s doing so in a less pugnacious and more politically palatable way than Scalia.

Josh Gerstein and David Nather of Politico, in an article about Justice Samuel Alito’s “moment” on the Supreme Court in the wake of his delivery of the majority opinions in both the Harris and Hobby Lobby cases.

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