Antonin Scalia
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Non-Sequiturs
Non-Sequiturs: 10.06.17
* Salary hikes (in London). [Legal Cheek]
* Travel bans and compelling interests. [Dorf on Law]
* Speaking of SCOTUS, Adam Feldman reads the oral-argument tea leaves from the first week of the new Term. [Empirical SCOTUS]
* And devotees of Justice Antonin Scalia might want to check out Scalia Speaks (affiliate link), a collection of the late jurist’s speeches edited by son Christopher Scalia and former law clerk Ed Whelan. [Bloomberg BNA]
* Did this court just gut her whole job description? [New York Law Journal]
* It can be challenging for creators to protect their IP; could a small-claims court for copyright be the answer? [Copyright Alliance]
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Morning Docket
Morning Docket: 09.11.17
* “Legal aid is critical after a natural disaster,” so the Florida Bar has raised the income cap for its online legal clinic so Floridians affected by Hurricane Irma can get legal assistance, and the Florida Bar Foundation has set aside $500,000 to support legal aid organizations. How generous! [Law.com]
* Sixteen years have passed since the September 11 attacks, but we’ve yet to try or convict any of the five men who are said to have planned the day that changed America, including Khalid Sheikh Mohammed, the alleged “architect of 9/11.” Some lawyers wonder why this “isn’t a cause for more outrage.” [Al Jazeera]
* In case you missed it, Irell & Manella has elected Ellisen Turner as its first African-American managing partner. Among the many accolades he’s earned over the course of his illustrious legal career, Above the Law once referred to him as a “hottie.” Congratulations on all accounts! [Big Law Business]
* Lawmakers from both parties are interested in holding hearings on the massive Equifax hack, and after outcry from state attorneys general about an arbitration clause that would have prevented those affected by the data breach from suing, the credit reporting agency has changed its terms of service. [The Hill]
* In the wake of Justice Scalia’s death, Justice Kagan says the remaining justices did everything they could to avoid 4-4 split decisions: “[W]e all made a very serious effort to try to find common ground even where we thought we couldn’t. It sort of forced us to keep talking to each other.” [Milwaukee Journal Sentinel]
* Which Biglaw firm is about to get a lot bigger? It’s Cozen O’Connor, apparently. According to CEO Michael Heller, he’d like to increase the firm’s head count to somewhere between 700 and 1,000 lawyers in the next five years. About 600 attorneys are currently working at Cozen. [Am Law Daily]
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Morning Docket
Morning Docket: 07.05.17
* While it’s taken most justices about three to five years to get adjusted to life on the Supreme Court, it seems as if Justice Neil Gorsuch has already hit his stride over the course of just a few months. This gunner wrote one majority opinion, three dissents, three concurrences, and one statement during his first two months on the bench. [New York Times]
* DLA Piper — the first Biglaw firm to fall to a cyberattack — has finally restored its email service after five days of going without it thanks to being the victim of the worldwide Petya ransomware attack. The firm still claims no client data was compromised by the hackers who gained access to their systems. [ABC News]
* Ty Cobb of Hogan Lovells will reportedly be brought on to attend to Russia-related issues within the Office of White House Counsel. Cobb met with Trump last week, but wouldn’t offer any comment on his prospective role except to say that he was on vacation. Enjoy your time off while it lasts — working on Russia-related matters at the White House will certainly be no vacation. [Reuters]
* Harvard Law School has established an endowed professorship to honor the late Justice Antonin Scalia, who graduated from the school in 1960. According to outgoing Dean Martha Minow, the professorship is “especially meaningful” because the justice “had a great love of learning.” [Harvard Law Today]
* Overworked and
underpaidnever paid? Public defenders working as independent contractors in Massachusetts aren’t being paid in a remotely timely fashion. They sometimes go up to two months without receiving paychecks, and say that this has been going on for at least five years. [WWLP 22News] -
Supreme Court
Fewer Than Half Of Likely Voters Can Name A Single Supreme Court Justice
This is incredibly depressing. -
Non-Sequiturs
Non-Sequiturs: 03.07.17
* Antonin Scalia’s papers donated to… Harvard, obviously. What did you expect? Did you seriously think it was going to be ASSLaw or Ave Maria or something? [Harvard Gazette]
* What state is looking to legalize dachshund racing? Because daddy needs a new pair of shoes! [Lowering the Bar]
* The surprise dismissal of the Gavin Grimm case complicated the struggle for transgender rights, but it was far from a death knell. [Rewire]
* Professor Tribe thinks accusing Obama of illegal wiretapping is grounds for Trump’s impeachment. Somewhere, Mike Pence is putting together a nice little scrapbook of all these articles. [Raw Story]
* On that note, John Dean is back in the news to explain Watergate to Trump. [The Hill]
* With TaxProfBlog’s Paul Caron taking over as dean of Pepperdine, here are some changes we expect to see. [PrawfsBlawg]
* Sex and the Constitution (affiliate link) is not just a book, it’s also peak 3L course name. [Concurring Opinions]
* Discussing cybersecurity and our new Russian overlords. [Lawfare]
* Law student raps about bar prep to the tune of Gangsta’s Paradise. Most of the Anglo-centric jokes go over our heads, but it’s some good stuff. [Legal Cheek]
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Neil Gorsuch, Politics, SCOTUS, Supreme Court
Scalia's Legacy Lives On In Trump's SCOTUS Nominee
Judge Gorsuch maintains a deeply held conservative worldview that goes all the way back to his college days. -
Neil Gorsuch, SCOTUS, Supreme Court
Donald Trump's Supreme Court Robe Ceremony: Liveblog
ATL editors David Lat and Elie Mystal break down Donald Trump's Supreme Court event in real time. - Sponsored
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Justice, Politics, SCOTUS, Supreme Court
Who Is Trump Replacing On The Court? Your Perspective Defines Your Reality.
Is Donald Trump replacing Antonin Scalia, or is he replacing Merrick Garland? -
Non-Sequiturs
Non-Sequiturs: 01.24.17
* Elizabeth Warren’s idealism bends to the new political reality. [The Hill]
* We get a one week reprieve from Jeff Sessions as the next Attorney General.[Politico]
* Welp, this horrific perversion of religion is particularly stomach turning. [Wonkette]
* Are the Dems willing to play ball? [Slate]
* The United Kingdom’s plan to weaponize taxes. [Tax Law Prof]
* So… what’s the injury in the Emoluments Clause case? [Dorf on Law]
* Reflections on Scalia’s time on the bench. [YouTube]
https://www.youtube.com/watch?v=yu8K8DTujSA&feature=youtu.be&t=11m58s
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SCOTUS, Supreme Court, Supreme Court Clerks
'Orphaned' Scalia Clerk Breaks His Silence On Finding A New Home With Justice Thomas
What was it like for clerks after Justice Scalia passed away? -
Constitutional Law, Free Speech, SCOTUS, Supreme Court
Justice Scalia, Originalism, Free Speech And The First Amendment
Justice Scalia was a great protector of First Amendment freedoms. -
Conferences / Symposia, SCOTUS, Supreme Court
How Justice Scalia's Writing Style Affected American Jurisprudence
Reflections on the powerful and distinctive writing style of Justice Antonin Scalia.
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
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Morning Docket
Morning Docket: 10.27.16
* Results are out for the July 2016 administration of the South Carolina bar exam, and it appears that the Charleston School of Law is having trouble when it comes to its grads’ ability to pass. Barely half of test-takers from the law school passed (50.9 percent), down from 57.4 percent last year, and 65.3 percent the year before that. Whoops! [FITS News]
* No matter what Senator Ted Cruz says, when it comes to the Supreme Court, eight isn’t enough. In fact, according to what Justice Ruth Bader Ginsburg said at a recent New York City Bar event, “Eight is not a good number.” Justice Sonia Sotomayor agreed, stating, “I think we hope there will be nine as quickly as possible.” [Washington Post]
* The Supreme Court bar rarely meets, but when it does, it’s to honor the passing of a deceased justice. On November 4, the Supreme Court bar will convene to honor the late Justice Antonin Scalia, and the ceremony will be live-streamed, and several judges, law firm partners, law professors, and former clerks will give remarks. [Supreme Court Brief]
* “[T]his appeal presents a situation in which all the justices’ impartiality might be questioned.” Controversial Alabama Supreme Court Chief Justice Roy Moore wants his suspension to be lifted, but all of his former judicial colleagues have recused themselves, so several retired judges will be hearing his appeal. [Associated Press via ABA Journal]
* China’s Ministry of Justice has ordered that all lawyers “support the leadership of the Chinese Communist Party.” Lawyers are prohibited from making statements that “reject [China’s] fundamental political system,” “endanger national security,” or “attack or slander” the judicial system. They could face disbarment for disobeying. [WSJ Law Blog]
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Supreme Court
The Dumbest Thing You'll Hear About The Supreme Court Today
Ted Cruz: shameless or stupid? You make the call! -
Supreme Court
Justice Sonia Sotomayor Thought About Hitting Justice Antonin Scalia With A Baseball Bat
Justice Sotomayor had to keep her cool. -
Morning Docket
Morning Docket: 10.07.16
* “He has always said he’s given to politicians his entire career and he thinks the system is broken. A review of Donald Trump’s political donations show that the Republican presidential candidate has made campaign contributions to several to state attorneys general while they weighed decisions affecting his business, particularly in New York. What’s that about a “rigged” system? [Wall Street Journal]
* Carl Ferrer, the chief executive officer of Backpage.com, was arrested last night on in Houston, Texas, on a California warrant for criminal charges including pimping. If you recall, Backpage.com was recently in the news thanks to a Senate investigation into allegations that the site was helping to facilitate child sex trafficking. [Reuters]
* Per a report publish by Altman Weil, law firm merger and acquisition activity was way down in the third quarter of 2016. Last year at this time, the merger market was 40 percent more active. Why are so dormant? “[F]irms are waiting on the sidelines seeing if it will all work: 6,000-lawyer law firms and that type of thing.” [Big Law Business]
* “Congratulations to the ‘Nino’ Scalia Law School for memorializing, for celebrating this most remarkable judge and teacher.” Justices Kagan, Kennedy, Thomas, Breyer, Alito, and Sotomayor — attended the dedication for the school named after Scalia, while Chief Justice Roberts and Justice Ginsburg attended a dinner in his honor. [USA Today]
* “If students are graduating and they can’t pass the bar, that’s a big problem.” Law schools are coming around to the fact that it’s now a buyer’s market for students, and some will even allow 0Ls to “vet” their schools to evaluate the teaching methods being used. You can even check out professors’ résumés. [U.S. News & World Report]
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Morning Docket
Morning Docket: 10.04.16
* “[G]reed is not a component of the law of fiduciary duty anywhere.” Donald Trump’s campaign may have claimed he has “a fiduciary responsibility to his business, his family and his employees to pay no more tax than legally required,” but legal experts found that assertion pretty laughable, seeing as there’s no such thing as a fiduciary duty to oneself. [DealBook / New York Times]
* An attorney who serves as an advisor to the ABA’s Standing Committee on Gun Violence says he accidentally shot and killed his wife when his gun went off after hitting a speed bump. He claims he had the gun out because they were in an area where Black Lives Matter protests had been held and was afraid they were about to be carjacked. [People]
* For the first time since the days of Abraham Lincoln, the Supreme Court opened its new term with a vacancy on the bench certain to be filled in the upcoming presidential election. Without the late Justice Antonin Scalia’s voice, the Court is left split along ideological lines, with four conservative justices and four liberal justices. [Reuters]
* According to Chief Justice John Roberts, “judges are not politicians, even when they come to the bench by way of the ballot,” but that doesn’t mean elected judges behave as judicially as they’re expected to when retention elections are near. In fact, “[a]ll judges, even the most punitive, increase their sentences as re-election nears.” [New York Times]
* The EEOC has filed a suit against Denver Law, alleging that female full-time professors are paid less than their male counterparts. Nine female professors work at the school full-time, and on average, they’re paid about $20K less than full-time male professors. Denver Law says it stands by its “system of evaluation and merit pay.” [Denver Post]
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Supreme Court
These People Are Killing It With Their SCOTUS Coverage
Justice Antonin Scalia's seat is an overgrown abandoned lot tacitly looked after by grizzled caretaker Justice Clarence Thomas. -
Morning Docket
Morning Docket: 09.08.16
* You want your crazy? She’s got your crazy! Britney Spears — or rather, her father, perhaps better known as the conservator of her estate — has settled a lawsuit over the “darkest days” of her career with her former manager, Sam Lutfi. The settlement is rumored to be in the low six figures. [Yahoo! […]