Antonin Scalia

  • Morning Docket: 02.17.16
    Morning Docket

    Morning Docket: 02.17.16

    * “There’s no unwritten law that says it can only be done in off years. That’s not in the constitutional text.” Angering armchair constitutional scholars, President Obama vowed to appoint someone to replace Justice Scalia following his death, despite the fact that it’s an election year. [New York Times]

    * “My gut tells me there is something fishy going on in Texas.” The fact that Justice Scalia was found dead with a pillow over his head has made conspiracy theorists come out in droves. Some are “stunned” that an autopsy wasn’t performed on the late justice. [Daily Intelligencer / New York Magazine]

    * Dickstein Shapiro partners were informed via letter that they’d face “the almost certain loss of all firm capital.” For some equity partners, that’s more than $1 million — and the letter wasn’t even signed “sincerely.” How rude! [National Law Journal via ABA Journal]

    * Justice Scalia’s passing could have an impact on the anti-marijuana legalization suit filed by Nebraska and Oklahoma against Colorado. The Court was supposed to discuss it this week, but the justices may not want to overpack their bowls, so to speak. [Guardian]

    * Troubled Pennsylvania Attorney General Kathleen Kane will not be seeking reelection after her term expires in January 2017. With her license to practice law suspended and criminal charges pending, we’ll see if she’s even able to make it that far. [WSJ Law Blog]

    * Vigilante justice on the internet swift: Despite Google listing the firm as “permanently closed” and its brutal one-star Yelp rating, “Making a Murderer” prosecutor Ken Kratz assured reporters his law firm was still open, contrary to appearances. [Post-Crescent]

    * Boutros Boutros-Ghali, former U.N. Secretary General, RIP. [New York Times]

  • Non-Sequiturs: 02.16.16
    Non-Sequiturs

    Non-Sequiturs: 02.16.16

    * More people lining up on the “of course we need to replace Scalia soon” bandwagon, and this time it’s folks who really care about the ethical running of the Court. [Fix the Court]

    * Studying for the February bar exam? Here are some tips to make it through. [Associate’s Mind]

    * Stories of Justice Scalia bullying the “little people” may tarnish his legacy. [Washington Monthly]

    * A purported class action has been filed against Facebook for those texts notifying you of friends’ birthdays. [Forbes]

    * So what does Obama think about “originalists” who vow to prevent him from making any nominee to the Court? Bonus point if you said he’d drop the f-bomb. [C-SPAN]

    * A frank look at Justice Scalia’s real legacy by Columbia Law Professor Kimberlé Crenshaw. [Democracy Now]

    * Did the Supreme Court just become the defining issue of the 2016 election? [The Nation]

    * Tips for making success a habit. [Reboot Your Law Practice]

    * Almost everyone has a story (or has a friend who has one) about an AirBnB gone awry — it’s the price of our new shared economy — but is this the weirdest story of all? [San Francisco Chronicle]

    * The only graphic you’ll ever need to keep track of your state-by-state obligations for expert witnesses under Daubert and Frye. [The Expert Institute]

    * What would Humphrey Bogart be like as an attorney? [Guile is Good]

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  • Morning Docket: 02.16.16
    Morning Docket

    Morning Docket: 02.16.16

    * Justice Antonin Scalia’s sudden death was memorialized on newspaper front pages across the country, with some publications scrambling to redo their Sunday editions to reflect the news. Here’s a look at how some papers handled the coverage. [New York Times]

    * Justice Scalia is said to have died of natural causes. Cinderela Guevara, the Texas judge who pronounced him dead by phone, only did so after she was assured “there were no signs of foul play.” An autopsy will not be performed. [Washington Post]

    * The outcomes of several major cases that are currently before the Supreme Court are likely to be affected by Justice Scalia’s unexpected death. SCOTUS watchers think this could be represent a victory for the Court’s four-justice liberal wing. [New York Times]

    * In case you didn’t take the time to research this over the long weekend, here are seven things you need to know about presidential appointments to the Supreme Court. Could the battle to replace Justice Scalia possibly lead to a record-breaking vacancy? [NPR]

    * Justice Scalia left behind a “fortune cookie” for President Obama in his same-sex marriage dissent when he criticized the incredibly homogeneous makeup of the current Supreme Court. Please give him what he wanted. Diversify SCOTUS. [New York Times]

    * Out of all of Justice Scalia’s Supreme Court colleagues, it may be fair to say that Justice Ruth Bader Ginsburg will miss him most. Her relationship with her “best buddy” was incredibly unique, and most could only wish to have a friendship like theirs. [CNN]

    * As the longest-serving member of the current Supreme Court, Justice Scalia was revered for leaving a historic legacy on the bench. Here’s what 19 “top legal thinkers” had to say about his life and death. I was honored to be included. [POLITICO MAGAZINE]

    * Almost immediately after it was announced that Justice Scalia had died, some began dancing on his grave with hateful comments. You may not have agreed with his judicial ideologies, but it would be nice to show some respect for the dead. [Bloomberg View]

    * “It doesn’t matter if your résumé says ‘almost law clerk.’” What will happen to Justice Scalia’s clerks in the wake of his death? His current clerks will likely be alright as far as their jobs are concerned, but it seems future clerks may be out of luck. [WSJ Law Blog]

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  • Morning Docket: 01.25.16
    Morning Docket

    Morning Docket: 01.25.16

    * “I have standing to sue. Can you imagine if I did it? Should I do it just for fun?” Republican front-runner Donald Trump is floating a possible lawsuit against Ted Cruz over the senator’s eligibility to run for POTUS — because litigation is so much fun! [The Hill]

    * Everyone likes to think Justice Antonin Scalia is a crazy curmudgeon, but one of his former SCOTUS clerks knows there’s a softer side to the man people love to hate. In reality, he’s “an incredibly warm and generous man” with a “wonderful sense of humor.” [Columbus Business First]

    * A federal judge who’s had a change of heart about a lengthy sentence he gave to an admitted murderer says he and his colleagues need a way to give “second-look reviews” to adjust sentences for deserving prisoners. Would this work? [New York Times]

    * If the ruling in this case catches on, New York attorneys may soon be able to serve people via Facebook. Of course, if your lawsuit winds up in a defendant’s “Filtered Messages,” he’ll never see it, but it’s still a pretty cool concept. [WSJ Law Blog]

    * Charleston Law launched a new admissions program that will allow students to begin classes in the spring and graduate in two and a half years instead of three. Perhaps the goal here is to graduate students before the school closes for good? [ABA Journal]

  • Non-Sequiturs: 01.22.16
    Non-Sequiturs

    Non-Sequiturs: 01.22.16

    * Martha Coakley joins BU Law faculty. A job she will somehow manage to lose in a landslide to an unqualified Republican. [Boston Globe] * You’ve heard all about the Ted Cruz birther controversy, but maybe Cruz is just being trolled for being such a tremendous dick while at Harvard Law School. [Needs Further Review] * […]

  • Morning Docket: 01.13.16
    Morning Docket

    Morning Docket: 01.13.16

    * Has the dearth of law school applicants finally pinched Harvard Law? [Bloomberg Business]

    * Meanwhile, New York Law School is doing just fine… thanks to its savvy real estate moves. [Crain’s New York Business]

    * Amal Clooney sighting in D.C. [Washington Post]

    * For those keeping score, only Scalia, Thomas, and Alito skipped the State of the Union last night, which was not really surprising. [CBS News]

    * Former Cravath attorney Robert Miranne talks about the movie “Joy,” chronicling the life and times of his mother, Joy Mangano. [The Am Law Daily]

    * In July, China arrested Wang Yu, a top women’s rights lawyer for creating a disturbance. They got around to notifying her mother of this… on Monday. In fairness, they’ve really been swamped over there with the sabotaging the global economy thing. [Reuters]

    * FLSA class actions expected to hit record high this year. “I keep waiting — because I’ve been studying it for 15 years — for the number of wage-and-hour lawsuits to crest or go down” said Seyfarth’s Gerald Maatman Jr. And I keep waiting for companies to dutifully pay employees the money they actually owe them, yet here we are. [Law 360]

  • Morning Docket: 01.11.16
    Morning Docket

    Morning Docket: 01.11.16

    * According to the latest report from the Center for the Study of the Legal Profession at the Georgetown University Law Center, in a battle of the fittest, Biglaw firms may be heading the way of the dodo bird thanks to their refusal to evolve. [DealBook / New York Times]

    * The members of the most prestigious sorority around — the women leaders of America’s Biglaw firms — dine together every few months to discuss the challenges associated with being in charge in a profession that’s essentially still a boys’ club. [Big Law Business / Bloomberg BNA]

    * The makeup of the Supreme Court and its justices’ past, present, and future rulings continue to be a big issue on the Election 2016 campaign trail, but what really makes this a true shame is that many U.S. citizens couldn’t name a single justice if they tried. [CNN]

    * Why do Supreme Court justices love quoting Shakespeare so much? A study conducted by Scott and Ami Dodson found that Justice Antonin Scalia quoted The Bard most often in opinions, and perhaps it’s because some believe he was a lawyer himself. [Economist]

    * Steven Avery, the defendant profiled in Making a Murderer, has a new lawyer who hopes to prove his innocence. Kathleen Zellner joins the Midwest Innocence Project to fight for his second exoneration after an allegedly wrongful conviction. [NBC Chicago]