Appeals

In my near 14 years on the bench, this is the first time I can recall this happening.

– Judge Kermit Bye of the Eighth Circuit, in a scathing dissent issued after Missouri executed a death row inmate before the court could finish reviewing his request for a stay. On Wednesday, Missouri executed another death row inmate, this time before the Supreme Court ruled on his request for a stay. The state has executed three inmates in as many months, all while appeals were still pending.

Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Sunny Choi interviews a judicial clerkship veteran with some helpful advice for aspiring clerks.

It’s open season for clerkships and you’ve probably already been inundated with resources from your law school’s career office. Sure, those are the “official” resources, but don’t you want to know what it’s really like to go through the clerkship application process? This month, I probed the brain of a judicial clerkship veteran to give you the inside scoop.

1. Do you have any interview tips particular to interviewing for a clerkship?

Continue reading at the ATL Career Center…

The case of Amanda Konx — nicknamed “Foxy Knoxy” by tabloid editors unwilling to let an attractive woman in the news live without a childish play on words — is back in Italian court, for what Knox hopes is the last time.

Knox, the American college student charged with killing another student while studying abroad in Italy, spent four years in jail before her murder conviction was overturned, but she deserved that jail time just for being a student at the University of Washington. Huck the Fuskies.

Now her case is back in Italian court…

double red triangle arrows Continue reading “Foxy Knoxy Appeal — Come on Italy, It’s Done. Get Over It.”

Chief Judge Alex Kozinski speaking at Yale Law School last year.

Perhaps this should be “benchslap of a few days ago,” since it happened last week. But it’s never too late to read about Chief Judge Alex Kozinski, right?

This latest benchslap involves the Ninth Circuit setting aside a murder conviction. So you might expect the benchslap to be coming from a unanimous Supreme Court in a summary reversal.

But no. The benchslap — actually, make that benchslaps, plural — come from the Ninth Circuit. On the receiving end: the police, prosecutors, a state judge, and a federal judge. Names are named.

And I wouldn’t hold my breath while waiting for SCOTUS to reverse. This decision looks pretty safe….

double red triangle arrows Continue reading “Benchslap of the Day: Kozinski & Co. Overturn a Murder Conviction”

Ted Olson and David Boies: adversaries, then allies, then adversaries again.

After covering the Dewey & LeBoeuf bankruptcy hearing on Wednesday morning, I walked a few blocks uptown to the Second Circuit for another exciting event: oral argument in the closely watched Argentina bondholder litigation. It was a Biglaw battle royal, pitting Ted Olson, the former solicitor general and current Gibson Dunn partner, against a tag team of top lawyers that included David Boies, Olson’s adversary in Bush v. Gore (and ally in Hollingsworth v. Perry).

Here’s my account of the proceedings, including photos….

double red triangle arrows Continue reading “Clash of the Biglaw Titans: Ted Olson and David Boies Meet in Second Circuit Showdown”

All hail Captain Hammer!

Flash back to 2005. Tom DeLay was the Majority Leader in the U.S. House of Representatives, living in a safe Republican district, and poised to chart the course of American politics forever. DeLay was nicknamed “The Hammer” for his brutal efficiency as Majority whip, crushing all dissent from backbenchers and building a solid GOP coalition — a nickname that the fundamentalist DeLay endorses because “the hammer is one of the carpenter’s favorite tools.” In other words, Tom DeLay was a tool.

So what happened?

double red triangle arrows Continue reading “Pol Dancing: Tom ‘The Hammer’ Delay Preparing To Get Hammered”

Coming soon: Chadbourne & Parke!

* It seems that the good people at Chadbourne & Parke won’t wind up homeless after all — or maybe they will. The firm is taking over Dewey’s old digs at 1301 Avenue of the Americas. How ominous! [Reuters]

* The Fifth Circuit gave Texas a stay on a decision that blocked enforcement of the state’s third-party voter registration law. Well, on the bright side, at least the Lone Star state isn’t getting its ass completely kicked in the courts this election season. [Bloomberg]

* While Jerry Sandusky awaits his sentencing on 45 counts of child sexual abuse, his attorney Joe Amendola is contemplating grounds for an appeal. Seriously? It seems to be time for yet another 1-800-REALITY check, my friend. [Centre Daily Times]

* Remember the Texas family law judge who got caught beating his daughter in a viral video? An ethics panel issued him a “public warning” as punishment — he didn’t even get a reprimand. Sigh. [Houston Chronicle]

* The DOJ has asked for permission to intervene in a class-action suit against LSAC that alleges an epic fail on organization’s part when it comes to accommodating LSAT exam takers with disabilities. [WSJ Law Blog]

* Bucky Askew, a former adviser to the ABA Section of Legal Education and Admissions to the Bar, has moved on to bigger and better things. He’s now a trustee of the National Conference of Bar Examiners. [ABA Journal]

Chief Judge Frank Easterbrook: do not mess with this man.

Aficionados of appellate law are familiar with the Seventh Circuit’s reputation for procedural punctiliousness. The court has a track record of benchslapping lawyers who fail to follow rules, lawyers who seek to deviate from rules without justification, lawyers who engage in substandard advocacy, and lawyers who are “menace[s]” to their clients.

Lately the Seventh Circuit has been laying down its pimp hand. Last Friday, for example, Chief Judge Frank Easterbrook declared one Bridget Boyle-Saxton, who allegedly blew deadlines and ignored multiple orders to show cause, “unfit to practice law in this court.” Ouch.

Now, snobs might think, “Sure, Boyle-Saxton might be a well-known Milwaukee lawyer — but she works at a small law firm, apparently with two relatives of hers. What can you expect from such an outfit? This is why people hire the large white-shoe law firms. You pay through the nose, but you expect (and receive) perfection.”

If that’s your attitude, think again. Biglaw just got a big benchslap — from none other than Chief Judge Easterbrook.

Which firm incurred His Honor’s wrath, and for what alleged infraction?

double red triangle arrows Continue reading “Benchslap of the Day: Judge Easterbrook Benchslaps Biglaw”

Laura Kaeppeler

* The Fourth Circuit denied Rick Perry’s Virginia election law appeal in about four seconds flat. Not like it matters. He’s probably going to be out of the race come Saturday. [Washington Wire / Wall Street Journal]

* Women are having trouble making equity partner in Biglaw firms, and not because of the glass ceiling or other imposed barriers. No, apparently women are just making bad choices. [Chicago Tribune]

* Laura Kaeppeler, the new Miss America, plans to use her $50K pageant scholarship to go to law school. Well, at least one year of law school, since that’s all she’ll be able to afford with so little cash. [WHBL]

* Her Royal Hotness, Pippa Middleton, has hired Harbottle & Lewis to stop harassment from the paparazzi. As long as they allow more pictures of her ass, we won’t have a problem. [Daily Mail]

* Lindsay Lohan got a glowing report at her latest probation progress hearing from a pleased Judge Sautner. Maybe LiLo really did give the judge a signed copy of her Playboy spread. [CNN]

* End piracy, not liberty. Do you like the Internet the way it is? Got something to say about the Stop Online Piracy Act and the Protect IP Act? Sign this petition and make your voice heard. [Google]

Rick Perry: 'It's this big.'

* Ken Cuccinelli, Virginia’s Attorney General, wants Rick Perry’s election law suit to be dismissed, because really, what’s the point? Standing or not, Perry got completely hosed in Iowa. [Bloomberg]

* What’s next for Stephen Glass? When all else fails, hire a high-profile appellate team to do your dirty work for you. He could write a book about this and he wouldn’t even have to lie. [Am Law Daily]

* 1Ls who hope for good grades have better chances of getting them. Everyone else is screwed unless they buy that Secret book housewives raved about on Oprah. [National Law Journal]

* An Illinois police officer tracked a woman down after giving her a speeding ticket, wrote her a love note, and now she’s suing him. Harsh. Why not throw him a rejection hotline number? [Daily Mail]

* You thought Touro was the worst law school in New York by a landslide, but our second-place finisher is earning its medal. CUNY Law’s bar passage rates plummeted in 2011. [New York Post]

* Johnny Weir, the most fabulous figure skater in all the land, has married a Georgetown Law grad. His Twitter profile says he’s taking the New Jersey bar exam soon. Good luck! [Washington Post]

* Robert L. Carter, S.D.N.Y. Senior Judge and desegregation strategist, RIP. [New York Times]

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