Antonin Scalia

Morning Docket

Morning Docket: 05.02.16

* Arizona Law's plans to scrap the LSAT in favor of the GRE has angered the Law School Admission Council terribly. In fact, LSAC's general counsel says the school's new policy may violate the organization's bylaws, so it may boot Arizona Law from its membership, thereby cutting the school out of its applications and admissions clearinghouse. We'll have more on this news later today. [Wall Street Journal (sub. req.)] * Tom Brady of the New England Patriots hasn't filed an appeal of the Second Circuit's reinstatement of his four-game suspension yet, but you can bet your ass that it's coming soon, because the quarterback just made the ultimate Hail Mary legal hire by adding Ted Olson to his team of lawyers. Sports fans can look forward to a bid for an en banc Second Circuit hearing, or even a possible flea flicker to the Supreme Court. [NBC Sports] * "Republicans haven't been satisfied to simply hobble the court's ability to function. In recent weeks, they have gone to remarkable lengths to impugn the integrity of the justices and thus the legitimacy of the court." The New York Times Editorial Board has a piece that essentially begs Republicans to stop their shenanigans, give Judge Merrick Garland a hearing, and "rescue the Supreme Court from limbo." [New York Times] * Law firm merger mania is already in full bloom this spring, but which Biglaw firm was one of the first to bite the bullet? It looks like it's Husch Blackwell, which is merging with Milwaukee-based Whyte Hirschboek Dudek, effective July 1. The combined firm will have more than 700 attorneys, 19 offices, and it will likely be among the country's 100 top-grossing law firms. We hope redundancy layoffs won't follow. [Journal-Sentinel] * "We respect other professors' point of view, but it's less than (8 percent) of the academic faculty." Some professors are outraged over Mason Law being renamed after the late Justice Antonin Scalia, but the university isn't budging, and plans to stick with its new name since administrators "believe that the Antonin Scalia Law School, once it's approved, will be one of the top law schools in the country." [Big Law Business] * Law students, you make think you know what a gunner is, but you haven't met this prodigy yet. Eighteen-year-old Ahmed Mohamed will be the first student to attend the University of Southern Florida College of Medicine and the Stetson University College of Law at the same time. If you hurry, you may be able to convince this genius to join your study group. You'll surely be the envy of all of your new friends. [ABC Action News]

By Staci Zaretsky
Morning Docket

Morning Docket: 04.29.16

* Given the fact that Senate Republicans have remained firm in their opposition to Supreme Court nominee Judge Merrick Garland receiving a confirmation hearing, it seems all the more likely that the vacancy left on the high court by the late Justice Antonin Scalia will remain unfilled until after Election 2016. [Bloomberg Politics] * But is someone having a change of heart? "I would have to admit it's a gamble." Senator Chuck Grassley, chairman of the Senate Judiciary Committee, claims that while he hasn't second-guessed his decision not to hold confirmation hearings for Judge Garland, that it's anyone's guess as to who Donald Trump would choose to fill the position if elected as president. [Huffington Post] * “He said that I had to keep my attorney happy.” A Texas lawyer who was accused of trading sex with court-appointed clients for performing legal work was recently indicted on 18 counts of sexual assault and 17 counts of compelling prostitution. He faces up to 20 years in prison. We may have more on these allegations of misconduct later. [KSAT] * As we mentioned previously, Judge Rosemary Collyer of the District Court for the District of Columbia will be taking senior status on May 18, but we didn't know that she was chosen by Chief Judge John Roberts to take over as the presiding judge of the Foreign Intelligence Surveillance Court the next day. Congrats! [National Law Journal] * Biglaw gets in on the green rush: Orrick Herrington & Sutcliffe has partnered with Americans for Safe Access Foundation, a medical marijuana advocacy group, to update a series of manuals on state medical marijuana laws. In the future, Orrick attorneys will man a hotline for medical marijuana patients in need of legal advice. [Am Law Daily] * James Hurlock, former two-decade chairman of White & Case, RIP. [Big Law Business]

By Staci Zaretsky
Morning Docket

Morning Docket: 04.27.16

* Dig if you will the picture, of you and I engaged in a... probate battle? Uh-oh! In documents filed in a Carver County, Minnesota, probate court, Prince's sister, Tyka Nelson, claims that the music icon -- whose estate is said to have been valued at about $300 million -- died without a will. [USA Today] * "[L]ook, if he's not our nominee, I think he would be a great replacement for Scalia." Despite the fact that Senator Ted Cruz previously insisted that he wasn't interested in being nominated to replace the late Antonin Scalia as a SCOTUS justice, House Majority Whip Steve Scalise (R-La.) thinks Cruz is the man for the job. [The Hill] * Dentons says $2 million was "erroneously allocated" to McKenna Long & Aldridge partners during a merger with Luce Forward, and now the Biglaw behemoth really wants the money back. Partner's aren't pleased, griping that "this is a cautionary tale for anyone thinking of merging with Dentons." [National Law Journal via Big Law Business] * Today is sentencing day for former House Speaker Dennis Hastert. The accused child abuser faces up to five years in prison for attempting to cover up his hush-money payoffs, but prosecutors have asked that he serve no more than six months. We wonder how his Biglaw supporters will feel if he receives a stiff sentence. [Chicago Sun-Times] * Indiana Tech Law School will soon hold a commencement ceremony for its inaugural graduating class of 21 students. These soon-to-be law school graduates say that one of the main reasons they chose to attend the school was its low cost of tuition. Not having a lot of debt is a great thing when your job prospects are uncertain. Congrats! [21Alive]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 04.22.16

* Has the death of Justice Scalia turned the Supreme Court more liberal? [Empirical SCOTUS] * The best Supreme Court sketch featuring a sleeping Clarence Thomas you will see all year. [Slate] * "We're all just people. Trying to pee in peace." A trans activist speaks out about North Carolina's discriminatory bathroom law. [Buzzfeed] * An update on the legal problems plaguing Uber. [Huffington Post] * The diplomatic strategy involved in expanding intellectual property rights. [Lawyers, Guns and Money] * Serving lattes instead of having a law library. [3 Geeks and a Law Blog]

By Kathryn Rubino
Morning Docket

Morning Docket: 04.08.16

* Professors at George Mason are outraged that administrators agreed to rename the law school after the late Justice Antonin Scalia without any input from the people who work or study there -- his opinions don't "reflect the values of our campus community." They're circulating a petition to denounce the name change, but thus far, none of its signatories are law professors. [NBC News] * "I would appreciate if we could keep things that are very serious here appropriately viewed that way." 50 Cent got yelled at by his bankruptcy judge because he brought his cellphone into the courthouse, took a picture of himself with a stack of fake cash, and posted it on Instagram. A motion to dismiss this wanksta is needed. [WSJ Law Blog] * SCOTUS will hear oral arguments on the appeal of securities fraud case Salman v. United States next term, and Eugene Ingoglia of Morvillo L.L.P. hopes the justices will provide some greater detail as to "what counts as a personal benefit." Let's just hope that they don't make insider trading's road any rockier. [DealBook / New York Times] * "The district court’s ruling errs in so many respects that it is hard to know where to begin.” You know that when an appellate holding begins with the prior statement, the trial judge is going to be in for a doozy of a benchslap. We'll have more on the First Circuit slapping around Judge Juan Pérez-Giménez (D.P.R.) later today. [BuzzFeed] * Jamie Wine, who was recently appointed as the chair of Latham’s global litigation and trial department, says even though L&W already has 610 litigators, she's looking to hire more of them in the firm's New York and London offices. If you think you want to lateral in, you should know you may be meeting with up to 50 partners. [Big Law Business] * Hiring for law school summer associates may be on the rise, but you shouldn't assume this means you'll automatically be able to land a job at a prestigious law firm. These firms tend to "put a high value on law school pedigree and grades," so if you happen to attend a lesser school, you'll need to be ranked very highly. [U.S. News & World Report]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.29.16

* Perversely, Antonin Scalia's death may have saved public unions. [Slate] * Will online law schools radically alter the landscape of legal education? [Law Reboot] * Justice Scalia's death has changed how frequently the remaining justices speak. [Empirical SCOTUS] * A criminal-defense attorney hasn't sat on the Supreme Court's bench in 25 years, but is that really a problem? [Vox] * Follow-up on the racist meme that circulated at Cornell Law. [College Fix] * Laurence Tribe discusses the Merrick Garland nomination. [NBC] * The North Carolina anti-LGBTQ law is now the subject of a lawsuit, because obviously. [Fusion]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.23.16

* International Biglaw firms in Brussels are "just trying to soldier on" in the wake of the terror attacks that rocked the city yesterday morning. A White & Case secretary was on the metro train that was bombed, but she managed to escape from the wreckage unscathed. All lawyers and staff members have been accounted for and are alive and well. [Big Law Business / Bloomberg BNA] * Singer Kesha has appealed the decision of a judge who declined to void her contract with Sony Music, a record label where she claims she'd be forced to work with a producer who allegedly raped her. This time, her lawyer, Mark Geragos, has likened the pop star's situation to slavery. Hmm... let's see how well that goes over for her in court. [Reuters] * “The judgment is affirmed by an equally divided Court.” For the first time since Justice Antonin Scalia's death, the Supreme Court issued a 4-4 split decision along ideological lines. That very sentence could have a huge impact on some of the high court's more significant cases for a year or more if Merrick Garland isn't confirmed. [WSJ Law Blog] * Professor Melissa Murray of UC Berkeley Law has been tapped to stand in as the school's interim dean in the wake of Sujit Choudhry's resignation following the news that he'd been named as a defendant in a sexual harassment suit. Law students chose Murray as their "overwhelming choice" for dean in a poll. [L.A. Now / Los Angeles Times] * Since the GRE is regarded as an easier test than the LSAT, and at least one school will no longer require it for admission, some pre-law students may be wondering whether they should bother to take the LSAT at all. Don't be silly. Much like the word "fetch," the GRE isn't going to happen. [Law Admissions Lowdown / U.S. News & World Report]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.21.16

* What's the difference between the late Justice Antonin Scalia and Chief Judge Merrick Garland, his potential replacement? "[He] always sounds the same. Most of the time, he is very even-toned, not aggressive.” For starters, Scalia's dissents were usually fiery and entertaining, while Garland's dissents tend to be very respectful and courteous. [Washington Post] * "[T]here were errors and flaws in the way Thomas Jefferson carried out their research." An expert retained by Anna Alaburda in her suit against Thomas Jefferson Law testified that the methods the law school used to collect grads' job data were improper and could have caused some inaccurate info to be reported. [Courthouse News Service] * Donald Trump's presidential campaign -- and his path to the White House -- may be interrupted by a pesky fraud trial over his now defunct real estate school. The Donald will likely be asked to testify by New York AG Eric Schneiderman, and if he pleads the Fifth, it could have YUGE implications on his defense strategy. [WSJ Law Blog] * “When someone — or something — is going away, there are usually some people that want to get it before it goes away, for whatever reason." Racist memorabilia? Harvard Law is trying to quickly eliminate all ties to its controversial shield, but its bookstore will be slowly selling off all remaining merchandise bearing the symbol. [Boston Globe] * "The average graduate cannot expect to make enough in the years following graduation to even hope to make a dent in the student loans they take on from going to law school. And that's if they can even pass the bar and find a job as an attorney." Law profs face buyouts, but their students aren't in a much better position. [Northwest Indiana Times]

By Staci Zaretsky