Books

Justice Scalia (left) and Judge Posner

Responding to a Supreme Court Justice who calls one a liar requires special care in expression.

– Judge Richard Posner, in a cover email introducing his written response to Justice Antonin Scalia’s recent “You lie!” accusation.

(More about this tiff, which we’ve been covering quite closely here at Above the Law, after the jump.)

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Justice Scalia (left) and Judge Posner

I’m not going to get into this whole thing written for a glossy magazine.

– Justice Antonin Scalia, responding to a question about his thoughts on Judge Richard Posner’s somewhat critical review, in the New Republic, of the justice’s new book, Reading Law (affiliate link).

(We attended Scalia’s talk, which took place this afternoon and was sponsored by the New York City Lawyers Chapter of the Federalist Society. Additional highlights from the eminently quotable justice’s remarks, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: The New Republic Isn’t That Glossy….”

William Baer

* “We’re all from the Ivy League. That seems to be more relevant than what faith we are.” SCOTUS Justice Clarence Thomas really knows how to make Article III Groupie’s heart sing. [New York Times]

* Dewey know why this failed firm’s bankruptcy team is cutting special deals with the former D&Lers who worked on the sale of the Dodgers? Like all things Biglaw, it all circles back to money. [WSJ Law Blog]

* What in William Baer’s past might lead the Senate Judiciary Committee to hold a closed meeting on his candidacy to lead the DOJ’s Antitrust Division? [Blog of Legal Times]

* In a heartwarming pro bono project, Proskauer Rose will be representing NYC in its attempts to evict an elderly newsstand operator from his kiosk in Greenwich Village. It really brings a tear to your eye, doesn’t it? [New York Post]

* Jerry Sandusky will be sentenced on October 9, and prosecutors are asking that he be classified as a sexually violent predator. Boy, that’ll be a fun title to have while he’s in jail for the rest of his life. [Bloomberg]

* “[A]t present, the large majority of law graduates — perhaps 80 percent — end up worse off after going to law school that they were before they enrolled.” Paul Campos is so cheerful in his book. [National Law Journal]

In his new book, Academy Award-winner Errol Morris has taken on one of the highest-profile murder case of the last 50 years.

Morris, known for The Fog of War, his documentary about Robert S. McNamara, just published his second book — A Wilderness of Error: The Trials of Jeffrey MacDonald (affiliate link) — a revival of the story of a young Army doctor convicted in 1979 of murdering his pregnant wife and two children.

Americans of a certain age (i.e., older than me) almost certainly remember MacDonald, whose story was told and endlessly picked apart on television, in Fatal Vision by Joe McGinniss, and The Journalist and the Murderer by Janet Malcolm. But Morris’s new book is perhaps the first serious investigative look at the idea that MacDonald may very well be innocent.

Morris’s book, which has already garnered positive reviews in the New York Times and the Atlantic, is at once a thrilling true crime story and challenging philosophical look at the tricky nature of facts and the importance of narrative in the American legal system.

Let’s hear more about the book and chat with Morris….

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Justice Scalia (left) and Judge Posner

Over the past few months, Justice Antonin Scalia and Judge Richard Posner have been trading benchslaps. The most recent clash got going a few weeks ago, when Judge Posner wrote a harsh review for the New Republic of Justice Scalia and Bryan Garner’s new book, Reading Law (affiliate link).

Scalia surrogates rushed to the justice’s defense. One of his former clerks, Ed Whelan, wrote a series of posts for the National Review’s Bench Memos blog in which he criticized the Posner review. Justice Scalia’s co-author, Professor Garner, also responded forcefully to Judge Posner (who in turn responded to Garner, again in the New Republic).

But the justice himself remained silent on all of this. When we reached out to both judges about the apparent tiff, Judge Posner denied any personal animosity, but Justice Scalia declined to comment.

Now Justice Scalia has broken his silence. And His Honor seems none too happy with Judge Posner’s book reviewing skills….

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A few months ago, I wrote a post entitled “Welcome to Zombie Law 101″ about a professor’s law review article that dealt with zombies. It was a fun, quirky piece, but I figured that would be the start and end of zombie law. Well, I was wrong. A new Kickstarter project helmed by attorney Joshua Warren is raising funds to create a zombie law case book. Yep.

Part of me thinks this is pretty cool. Nerdy, but cool nonetheless.

Although, I’m a little worried that continuing to cover zombie law could eventually lead to zombie lawyers, and no one wants that. (I object, Your Honor! Counsel is eating the witness’s face.) I guess we’ll cross that bridge, and loot liquor stores for food and weapons, when we come to it. For now, let’s learn more about the project….

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Emily Dickinson: poet — and legal scholar?

There is no Frigate like a Book
To take us Lands away,
Nor any Coursers like a Page
Of prancing Poetry –
This Traverse may the poorest take
Without oppress of Toll –
How frugal is the Chariot
That bears a Human soul

– Emily Dickinson, quoted by U.S. District Judge Denise Cote in today’s ruling, which approved a major e-book price-fixing settlement. Just yesterday, the case made headlines when Bob Kohn submitted an amicus brief — consisting entirely of cartoons.

Left to right: Bryan Garner, Antonin Scalia, and Richard Posner

The jurisprudential wrestling match between Justice Antonin Scalia and Judge Richard Posner is quickly turning into a WWE tag team battle royal. Tagging in to help Justice Scalia: Bryan Garner, one of the foremost authorities on legal writing and legal language. Professor Garner, of course, is Justice Scalia’s co-author on Reading Law (affiliate link).

Professor Garner is not happy with Judge Posner’s treatment of the book. Let’s hear what he has to say — and also speculate on how the Posner/Scalia tiff might affect Posner’s feeding of law clerks to Scalia….

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Any Tintin fans out there? How ’bout Frank Miller? No? Me neither.

No matter, because we may have a new genre of graphic novels to add to the canon that will specifically appeal to attorneys: the illustrated amicus brief. Yeah. That’s a thing now. happened.

For anyone who has ever been frustrated by a judge’s imposition of silly page limits, just follow the lead of Bob Kohn. He filed a brief regarding the Justice Department’s proposed settlement in the long-standing e-book (so appropriate, right?) price-fixing case involving Amazon, Apple, and some of America’s largest publishers.

Let’s take a look…

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Justice Scalia (left) and Judge Posner

In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.

And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”

Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?

I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?

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