Books

  • Criminal That I Am

    Books, Crime, Legal Ethics

    When A Lawyer Becomes A Criminal

    A lawyer falls in love with her famous client and slips him drugs in prison. But that’s not the end of her story.

    27 Comments / / May 12, 2015 at 5:22 PM
  • sexual harassment

    Books, Crime, Rape

    The Monster In The Three-Button Suit: Why You Should Worry More About Your Colleagues Than A Rapist In The Bushes

    That trusted friend in the suit is far more likely to rape you than anyone hiding in the shrubbery, as sex-crimes prosecutor turned novelist Allison Leotta explains.

    57 Comments / / May 12, 2015 at 11:05 AM
  • Kendall Jenner (Photo by Getty Images)

    Morning Docket

    Morning Docket: 04.27.15

    * The job market may be “improving,” but people aren’t going to start applying to law school in droves any time soon. There’s been a 40 percent drop in applicants since 2005, and according to LSAC’s latest data, “the downward spiral is still… spiraling.” [WSJ Law Blog]

    * Lines to see what could be one of the most historic arguments before the Supreme Court started forming last Friday, but the rest of the country will have to sit back and wait until June to see if a constitutional right to same-sex marriage will be declared. [Reuters]

    * Kris Jenner was just hit with a six-figure lawsuit thanks to model Kendall Jenner’s 19th birthday party, which was allegedly complete with more than 100 guests and a male stripper. Don’t worry, mom, the stripper already spanked your daughter. [Ministry of Gossip / Los Angeles Times]

    * The latest edition of the Am Law 100 rankings are out, and it looks like gross revenue, revenue per lawyer, and profits per partner are on the way up at most firms. You’ll never believe which firm is the new No. 1. We’ll have more on this later. [American Lawyer]

    * Hey, here’s some info you’ve never heard before now! People who graduated from law school in 2010 are still screwed because they’re drowning in debt and some have never worked as lawyers! Never fear, the New York Times is on it! [DealBook / New York Times]

    * “Obviously, the concussion affected my judgment — oops, I shouldn’t say that, given my day job.” At 92 years of age, Judge Robert Sweet of the S.D.N.Y. splits his time between legal pirouettes in the courtroom and skating pirouettes on the ice. [New York Times]

    * “It’s time for restraint of the federal government’s over-aggressive weed warriors.” States that have legalized pot are tired of the Feds prosecuting their citizens, and that’s what the Respect State Marijuana Laws Act of 2015 aims to stop from happening. [High Times]

    * “[L]awyers are naturally drawn to writing because we spend our days working with words.” If you’re a lawyer thinking about writing a legal thriller in your spare time, you’re not alone. Just ask Scott Turow and our very own David Lat. [National Law Journal]

    25 Comments / / Apr 27, 2015 at 9:03 AM
  • The Richard H. Chambers Courthouse in Pasadena.

    9th Circuit, Alex Kozinski, Events, Fabulosity

    Thanks To The Ninth Circuit For A Supreme Event!

    This past weekend, the Ninth Circuit held an open house in which it welcomed members of the public to its beautiful courthouse in Pasadena, California.

    / Apr 23, 2015 at 4:29 PM
  • plaintiffs lawyer 2 trial lawyer jury trial

    Books, Jury Duty, Trials

    Defending The Jury: An Interview With Laura Appleman

    How can we improve the American criminal justice system by strengthening the community’s role in the process?

    9 Comments / / Apr 16, 2015 at 4:01 PM
  • Snickers-broken

    Non-Sequiturs

    Non-Sequiturs: 04.14.15

    * Not going anywhere for a while? Try a Snickers. Just don’t try to write it off as a business expense. [TaxProf Blog]

    * Toilet cameras involve moral turpitude. This is an opinion that needed to be written. [Legal Profession Blog]

    * Police decline to charge Dwight Howard with child abuse. He’d allegedly punished his child with his belt, which is nowhere near as bad as letting them walk outside alone (if you listen to Elie’s rants). [ESPN]

    * There’s no bar exam too small for his analysis: North Dakota’s February results. [Bar Exam Stats]

    * A look back at the Lincoln assassination 150 years later. Something like this would never happen today — probably because Lincoln would still be on the waiting list for Book of Mormon. [Constitutional Accountability Center]

    * I knew SeaWorld was in trouble when I saw a glossy commercial during primetime television explaining how great they are. And my instincts were right — they’ve been hit with three salacious lawsuits in a month. [The Dodo]

    * Oh, the things you learn from lawsuits! Find out exactly how the WWE feels about your city. Getting dissed by Vince McMahon must sting. [411Mania]

    * If you’re in Chicago or Los Angeles, you should come out to see David discuss his new book, Supreme Ambitions (affiliate link). [Supreme Ambitions]

    12 Comments / / Apr 14, 2015 at 4:58 PM
  • Calling all Chicagoans.

    Non-Sequiturs

    Non-Sequiturs: 04.06.15

    * The law prof who sent anal-bead porn to her students is making headlines beyond the legal media. [Inside Higher Ed; Total Frat Move]

    * You’ve been served — via Facebook. How do you “Like” them apples? [New York Daily News]

    * Making a federal — or at least state — case out of teaching yoga to schoolchildren. [ATL Redline]

    * Bad idea: taking someone’s identity and accepting money on their behalf. (Or: the dangers of launching a startup without legal advice.) [Associate’s Mind]

    * Also a bad idea (if the allegations are true, that is): a men-only golf retreat at a large law firm. [ABA Journal]

    * “Sperm Donor Scandal Lawsuit: How One Man with Schizophrenia Allegedly Fathered 36 Children.” [People]

    * Getting revenge on a revenge-porn magnate: an 18-year sentence for Kevin Christopher Bollaert. [Los Angeles Times]

    * How can healthcare startups protect their intellectual property? [MedCity News]

    * Debt-saddled law students love free stuff — so how about free membership in the ABA? [American Bar Association]

    * In addition to our April 23 reception, I’ll also be doing an event on April 25 for Supreme Ambitions (affiliate link), to which you are all most cordially invited. [Seminary Co-Op Bookstore; Facebook]

    19 Comments / / Apr 6, 2015 at 5:06 PM
  • saul

    Non-Sequiturs

    Non-Sequiturs: 03.19.15

    * A look at the ethical issues that arise when Saul takes a detour into “elder law.” [The Legal Ethics of Better Call Saul]

    * Guess the law firm whose D.C. managing partner just said, “You would be hard-pressed to find another law firm of almost 200 lawyers that gets less name recognition than we do.” [National Law Journal]

    * Everything is bigger in Texas — including the number of lawyers (300!) behind the effort to overturn the one-year suspension of prominent capital defense lawyer David Dow. [Slate]

    * Linda Greenhouse on the Supreme Court’s “identity crisis” on voting rights. [New York Times]

    * In defense of Pace Law’s “fire sale” for prospective students with strong GPAs and LSAT scores. [Jane Genova]

    * Congrats to Professor Will Baude on landing a regular gig for the New York Times! [Volokh Conspiracy]

    * Several members of the Philippine American Bar Association (PABA) took to television to discuss Supreme Ambitions (affiliate link), as well as PABA’s great work:

    https://www.youtube.com/watch?v=hMak8hayBOs

    11 Comments / / Mar 19, 2015 at 5:02 PM
  • zebras

    Non-Sequiturs

    Non-Sequiturs: 03.18.15

    * An Arkansas judge was mauled by his father’s pet zebra. We hope the judge recovers, but what we’d really, really like to know is how the hell one comes to own a pet zebra in Arkansas. [KARK]

    * Pregnant women on poles may officially be sexy under color of law. [EPLI Risk]

    * If your law firm is trying to make you complete a marketing project in order to get your year-end bonuses — like Quinn Emanuel — here are some ideas for you to try. [Hellerman Baretz Communications]

    * According to Robert Durst’s lawyer, Chip Lewis, people mutter triple murder admissions under their breath on hot mics all the time, and it’s usually not that big of deal. [Gawker]

    * You’re invited to an event hosted by Judge Kozinski at the Ninth Circuit courthouse, featuring discussion of Supreme Ambitions (affiliate link). [Supreme Ambitions]

    29 Comments / / Mar 18, 2015 at 5:20 PM
  • Use your imagination...

    Non-Sequiturs

    Non-Sequiturs: 03.10.15

    * “A senior Queens judge allowed a bawdy Viagra-themed light-switch cover to remain in his courtroom for at least a year — even after a female lawyer complained that it was inappropriate for court.” Obviously, there will be a contingent trying to write this off as “just a joke” and asking everyone to “relax,” but seriously, how is ANY joke lightswitch cover appropriate in a courtroom? Let alone a penis switch. [NY Post]

    * Teen burglars started sniffing the powder they stole thinking it was cocaine. Instead, it was cremated ashes. It’s part Cocaine Cowboys and part Six Feet Under. [The Smoking Gun]

    * No one can predict how much tuition will rise over the next several years. But this offers the next best thing: an interactive tool to chart how much each school’s tuition has changed over the last few years. [Bar Exam Stats]

    * We’ve featured some of Richard Hsu’s interviews in this space. The Recorder sat down with the Shearman & Sterling partner to discuss his podcast. [The Recorder]

    * Elie went on HuffPo today to discuss the phenomenon of law schools dropping the LSAT. [HuffPo Live]

    * Former Wilmer litigator and 10th Circuit clerk John Ford has a new book out called The Cipher (affiliate link). It’s about the NSA harassing an innocent American citizen. Or as the rest of us call it, “a Tuesday.” [Amazon]

    * In sad news, Dave Frohnmayer, former Oregon Attorney General, dean of Oregon Law School, and President of the University of Oregon passed away at 74. On a personal note, he was extremely supportive when I resuscitated the South Eugene debate program (where his daughters had earlier debated) before I went off to law school. Rest in peace. [The Oregonian]

    * Have you ever wondered about litigation finance and thought, “if only someone would make a cartoon to explain it all to me” then you’re in luck. [LFC360]

    https://www.youtube.com/watch?v=NrQklMvyuOM

    22 Comments / / Mar 10, 2015 at 5:20 PM
  • m9ygchtajcd8ptxnxcoh

    Non-Sequiturs

    Non-Sequiturs: 03.06.15

    * I guess 15 minutes of fame can really mess with you. The “cute mugshot girl” who took the Internet by storm a while back managed to get arrested again. Negative attention is still attention. [Gawker]

    * The DOJ is about to file corruption charges against Senator Robert Menendez. Corruption in New Jersey? [CNN]

    * With the assistance of the pro bono legal teams at WilmerHale and Polsinelli, 303 conservatives filed a historic amicus brief in support of marriage equality. [WilmerHale]

    * A nice review of “A Conversation on Clerking” moderated by U.S. Supreme Court reporter Anthony Mauro of the National Law Journal, with panelists including our own David Lat; Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit; and Lucas Townsend, an associate at Gibson, Dunn & Crutcher and former clerk to U.S. Supreme Court Justice Samuel Alito Jr. [American Bar Association]

    * Looking for an extra $1,000 this year? Enter this legal fiction writing contest. Maybe you’ll write the next Supreme Ambitions (affiliate link). [The Expert Institute]

    13 Comments / / Mar 6, 2015 at 5:01 PM
  • Cindy Crawford (Photo by Frazer Harrison)

    Non-Sequiturs

    Non-Sequiturs: 03.02.15

    * You betta work… on those C&D letters! The viral picture of Cindy Crawford’s “unretouched” midsection is allegedly fake, and a lawyer for the photographer who took the original picture is threatening publishers with legal action if the supposedly doctored photos aren’t taken down immediately. [CBS News]

    * You know that law school graduates from the Lost Generation are screwed when the first vignette from an article about the sad state of financial affairs for “recession millennials” is about a 2011 law grad who’s drowning in law school debt. [FiveThirtyEight]

    * Folks are going crazy over King v. Burwell, so it’s a great time to run the odds on which justices will give ACA the axe. FYI, Justice Alito is “more likely to be struck by lightning while committing in-person voter fraud” than uphold Obamacare. [ThinkProgress]

    * If you’re going to be in Washington, D.C., next weekend, why not stop by the Politics & Prose Bookstore to see David Lat have a chat with Adam Liptak of the New York Times? OMG, you can even get your copy of Supreme Ambitions (affiliate link) signed. [Facebook]

    * With oral arguments in the King v. Burwell case slated to be heard on Wednesday, the Supreme Court is going to have a busy week — but most Americans won’t know about it. Below is a new TV ad pushing SCOTUS to allow cameras in the courtroom. [Fix the Court]

    http://youtu.be/jA8B80fy0OM

    20 Comments / / Mar 2, 2015 at 5:02 PM
  • Amy Chua RF

    Books, Minority Issues

    Yale Law Professors’ Triple Package: The Key To Success For Minorities In The Legal Profession?

    Thoughts from columnist Renwei Chung on Amy Chua and Jed Rubenfeld’s controversial, bestselling book.

    51 Comments / / Feb 27, 2015 at 11:44 AM
  • Dr Seuss One Fish Two Fish

    Elena Kagan, Quote of the Day, SCOTUS, Supreme Court

    This Citation By Justice Kagan Looks A Little Bit Fishy

    Check out Justice Kagan’s colorful quotation in the “is a fish a tangible object” case just decided by the Supreme Court.

    29 Comments / / Feb 25, 2015 at 2:28 PM
  • Mary Jo White

    Morning Docket

    Morning Docket: 02.24.15

    * Mary Jo White’s sizable net worth is causing sizable headaches over at the SEC. [DealBook / New York Times]

    * If you work at a law firm and take way too long to perform simple tasks in Microsoft Word or Excel, shape up: a new test, developed by former in-house lawyer Casey Flaherty, could expose your weaknesses — and lead to your work being discounted. [Capital Business / Washington Post]

    * More from Howard Bashman about the misadventures of Howard Shipley, the Foley & Lardner partner who might get spanked by SCOTUS for a bizarre filing. [How Appealing]

    * An S.D.N.Y. jury held the Palestinian Authority and the Palestine Liberation Organization liable for supporting six terrorist attacks and issued a verdict of $218.5 million — an award that will under the law get tripled (collected remains to be seen). [WSJ Law Blog]

    * Wall Street banks and their law firms are getting serious about cybersecurity. [New York Times]

    * Thanks to Emily Kelchen for her review of Supreme Ambitions (affiliate link), which she calls “a true legal thriller.” [Wisconsin Lawyer]

    13 Comments / / Feb 24, 2015 at 9:22 AM
  • Justice Clarence Thomas

    Morning Docket

    Morning Docket: 02.18.15

    * Could it be? Did Justice Clarence Thomas ask a question during oral arguments at SCOTUS? No, but he did ask a question at Yale Law during a presentation, noting that he doesn’t ask “irrelevant, useless questions” at the high court. [Legal Times]

    * Per NALP, gains were made by women and minorities in law firms for the first time in years, but be careful, because Jim Leipold is watching you: “Individual law firms should not be allowed to hide behind the national figures.” [National Law Journal]

    * Meet Judge Robert C. Brack of the District Court of New Mexico, who recently earned quite the accolade. Judge Brack has sentenced more defendants than any other federal judge in the past five years. He won’t be celebrating his achievement. [WSJ Law Blog]

    * This Georgetown Law professor, who happens to be the cofounder of one of the country’s largest litigation finance firms, wants to see a law firm IPO, but others wonder if lawyers would be able to ethically practice while reporting to shareholders. [Washington Post]

    * A Chadbourne & Park employee has been banned from ever working for another law firm again following his theft of $15,360 from C&P’s coffers. Not to worry, no client money was pilfered from the firm — the cash was taken from an open office account. [Am Law Daily]

    * If you haven’t heard, David Lat wrote a book called Supreme Ambitions (affiliate link), and “[w]riting the novel was almost therapeutic for [him] in a way” — he’s “kind of over” the fact that his résumé doesn’t include a SCOTUS clerkship. [Chicago Daily Law Bulletin]

    * Martha Africa, name partner of Major Lindsey & Africa, RIP. [San Francisco Chronicle]

    17 Comments / / Feb 18, 2015 at 9:03 AM
  • capitol

    2nd Circuit, Books, Federal Judges

    Judging Statutes: 5 Thoughts About The Use Of Legislative History

    A federal judge offers a spirited defense of using legislative history in statutory interpretation.

    / Feb 17, 2015 at 4:15 PM
  • gay marriage iowa

    Non-Sequiturs

    Non-Sequiturs: 02.09.15

    * The Supreme Court is going to strike down bans on marriage equality folks. And the tea leaves aren’t that hard to read. [Slate]

    * Even if the Court proclaims marriage equality the law of the land, discrimination will march on. On that note, can American law schools like Liberty continue to follow Canada’s controversial Trinity Western in functionally barring homosexuality? [Tax Prof Blog]

    * Law students f**king love Atticus Finch. Um, you know he lost right? Start looking up to winners, like Dan Fielding or something. [Slate]

    * Who else is jumping from the hulk that was once Patton Boggs? [Legal Times (sub. req.)]

    * Our old friend George Mason Assistant Dean Richard Kelsey, who we last saw Tweeting about black people and the lack of reason, is back explaining that abortion is genocide… because it leads to immigrants coming to America. Or something. [CNS News]

    * Meanwhile, there’s a new casebook out covering reproductive rights law that challenges the conventional classification of the subject as a subset of women’s issues. [RH Reality Check]

    * Harvard Law 3L, soon-to-be Clifford Chance associate, rapper. [J.KO]

    6 Comments / / Feb 9, 2015 at 5:01 PM