Capital Punishment

  • Non Sequiturs: 04.14.19
    Non-Sequiturs

    Non Sequiturs: 04.14.19

    * “How Tough-on-Crime Prosecutors Contribute to Mass Incarceration.” My review of Emily Bazelon’s new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (affiliate link). [New York Times Book Review]

    * When it comes to prosecutors, as former prosecutor Joel Cohen explains, it’s all about discretion. [New York Law Journal]

    * Judge Nancy Gertner (Ret.) defends Suffolk District Attorney Rachael Rollins’s exercise of her prosecutorial discretion — and argues that Thomas Turco’s criticisms of Rollins are unfair. [Boston Globe]

    * Another ex-prosecutor, Quinn Emanuel partner Alex Spiro, is representing tennis star Naomi Osaka in the “repugnant” lawsuit filed against her by her former coach. [Tennis365]

    * Former federal prosecutors, many of them now partners at Biglaw firms, represent more than half of the defense lawyers in Operation Varsity Blues, aka the college admissions scandal. [Big Law Business]

    * High-stakes litigation is just one of many factors contributing to Biglaw’s robust profit margin these days — hovering around 40 percent, its highest value in almost 30 years, according to Madhav Srinivasan of Hunton Andrews Kurth. [Law.com]

    * Ronald Collins interviews Joan Biskupic about her latest judicial biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts (affiliate link). [SCOTUSblog]

    * And speaking of SCOTUS, Will Baude believes that the death penalty “is justifiable and constitutional” — but argues that the Court has not acquitted itself well in its recent handling of capital cases. [Volokh Conspiracy / Reason]

  • Non Sequiturs: 03.03.19
    Non-Sequiturs

    Non Sequiturs: 03.03.19

    * Several weeks after its release, Over My Dead Body, Wondery’s new podcast exploring the Dan Markel case, continues to top the podcast charts — and creators Matthew Shaer and Eric Benson have some thoughts on why the case has seized the public imagination. [Inside Edition]

    * The Keith Tharpe case, far from representing an isolated injustice, reflects and embodies the racist roots of the death penalty in America, according to Stephen Cooper. [CounterPunch]

    * The fight against racism in the justice system has been going on (and will continue) for many years — and as Texas lawyer John Browning has discovered, trailblazing African American attorneys were fighting to integrate the bar of the Lone Star State as early as the 1800s. [Texas Lawyer]

    * I’ve previously argued against treating blue slips as senatorial vetoes of judicial nominees, based on their consequences for the federal judiciary — and as Thomas Jipping points out, history supports treating blue slips as a senatorial courtesy, nothing more. [Bench Memos / National Review]

    * Don’t be fooled by the high level of unanimity in the Supreme Court’s first few decisions of the Term; greater disagreement lurks in the “shadow docket,” as Adam Feldman explains. [Empirical SCOTUS]

    * The compromise appropriations bill that saved us from another government shutdown could also advance the Trump Administration’s “remain in Mexico” policy for asylum seekers from Central America — which Stewart Baker believes “may offer a better solution to the immigration crisis than the construction of a few miles of new wall.” [Lawfare via Volokh Conspiracy / Reason]

    * Actor James Woods is out of the woods in a defamation lawsuit arising out of an erroneous tweet of his, thanks to this interesting ruling by the Sixth Circuit. [How Appealing]

    * Jean O’Grady is excited about Panoramic, the latest offering from Thomson Reuters, which transforms “the ambitious idea of merging workflow and billing into an actual product.” [Dewey B Strategic]

  • Morning Docket: 02.20.19
    Morning Docket

    Morning Docket: 02.20.19

    * Hail Mary pass interference? President Donald Trump reportedly asked then-acting AG Matthew Whitaker if U.S. Attorney Geoffrey Berman (S.D.N.Y.) — a “perceived loyalist” — could be put in charge of the Michael Cohen probe even though he’d already recused himself. [New York Times]

    * Chief Justice John Roberts once again sided with the Supreme Court’s liberals in refusing to agree with a Texas court’s decision to execute a death row inmate with intellectual disabilities, writing that the lower court’s review of the case “did not pass muster under this court’s analysis last time,” and “[i]t still doesn’t.” Justice Samuel Alito dissented, and was obviously joined by the high court’s conservatives. [Washington Post]

    * Emoji are popping up more and more in court cases, and courts still don’t know what to do with them — which is a shame, because “[j]udges need to be aware of the importance of the emojis to the overall communication when we run into … odd evidentiary issues.” [The Verge]

    * This Fox Rothschild partner is facing sanctions over missed deadlines in several cases for his client, porn producer Strike 3 Holdings. He’s repped the “copyright troll” in about 2,500 infringement cases since 2017. [American Lawyer]

    * If you’re interested in investing in the future of law, alternative legal services provider Axiom will be going public and has applied for an IPO. The number of shares up for grabs and their price range is still undecided. [ALM International]

  • Non Sequiturs: 02.10.19
    Non-Sequiturs

    Non Sequiturs: 02.10.19

    * Irina Manta, a recent addition to the roster of Volokh Conspirators, assesses some of the attacks leveled against D.C. Circuit nominee Neomi Rao. [Volokh Conspiracy / Reason]

    * In other nomination news, Thomas Jipping explains why conservatives should temper their excitement over those 44 judicial nominees who just got reported out of the Senate Judiciary Committee. [Bench Memos / National Review]

    * Michael Dorf’s take on Chief Justice John Roberts joining the four liberals on the Supreme Court to put the Louisiana abortion law on hold: the right to an abortion is “not in quite as much immediate danger as one might have thought. And that’s not nothing.” [Take Care]

    * Lawyer to the stars Alex Spiro, partner at Quinn Emanuel, talks about how he’s approaching the representation of his latest celebrity client, rapper 21 Savage. [Complex]

    * On the occasion of his 15th blogiversary (congratulations!), Rick Garnett reflects on the past and future of blogging. [Mirror of Justice via PrawfsBlawg]

    * Jean O’Grady chats with Pablo Arredondo of Casetext about the platform’s newest features. [Dewey B Strategic]

    * And in other legal technology news, congrats to legal AI innovator Luminance on securing another $10 million in funding (reflecting a total valuation for the company of $100 million). [Artificial Lawyer]

    * Last Thursday, Alabama executed Domineque Hakim Marcelle Ray and did not allow his imam to be present (even though Christian inmates can have the prison chaplain present) — a manifest injustice, according to Stephen Cooper. [Alabama Political Reporter]

    * In the latest installment of his ongoing series offering advice to trial lawyers, David Berg sets forth an essential rule of cross-examination. [YouTube]

  • Non Sequiturs: 12.09.18
    Non-Sequiturs

    Non Sequiturs: 12.09.18

    * A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg]

    * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in “cop show” television programs? [Law and Crime]

    * David Oscar Markus isn’t afraid to take on tough cases — like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog]

    * Former federal defender Stephen Cooper does not mince words: “The prospective gassing of human beings in Alabama is an abomination.” [Alabama Political Reporter]

    * Jerry Goldfeder and Lincoln Mitchell offer up this hypothetical (which sounds far-fetched, but never say never given the times in which we live): “What if Trump loses but refuses to leave the White House?” [New York Daily News]

    * Looking for a special present for the legal nerd in your life? In addition to the items featured in the Above the Law holiday gift guide, check out the latest edition of the Solicitor General’s Style Guide. [Amazon (affiliate link)]

    * Speaking of the Supreme Court, Adam Feldman takes a data-driven look at the recent spat between President Donald Trump and Chief Justice John Roberts over partisanship in the federal judiciary. [Empirical SCOTUS]

  • Non-Sequiturs: 10.14.18
    Non-Sequiturs

    Non-Sequiturs: 10.14.18

    * Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh’s brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS]

    * And Joel Cohen looks at how Justice Kavanaugh’s confirmation fight might affect his judging of the accused. [Law and Crime]

    * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill]

    * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic]

    * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason]

    * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg]

    * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA’s “not qualified” rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business]

    * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean]

    * Congratulations to Pedro Hernandez on the dismissal of his case — and to his counsel, Alex Spiro of Quinn Emanuel, on the great result.

    https://www.youtube.com/watch?v=-2YPLmtwkug

  • Non-Sequiturs: 08.02.17
    Non-Sequiturs

    Non-Sequiturs: 08.02.17

    * As I noted in my last nominations roundup, the Trump administration is actually ahead of the Bush and Obama administrations when it comes to judicial appointments — especially with yesterday’s confirmation of Kevin Newsom to the Eleventh Circuit. [How Appealing]

    * With Republicans in charge of the presidency and Senate, could breaking up the Ninth Circuit return to the agenda? [Law360]

    * And here’s an interesting argument against a split, from the Republican point of view (by Wyatt Kozinski, following in his father’s footsteps). [SSRN]

    * Capital punishment: yet another issue where it’s all about Justice Kennedy. [Empirical SCOTUS]

    * Thoughts from Joel Cohen on the Trump/Sessions troubles. [The Hill]

    * How NOT to escape from your law school loans. [Gizmodo]

    * If a pizza party isn’t your thing, here are some other ideas for what to eat when working hard at the law firm. [Cater2me]

    * Litigation that lawyers can love: Mel Gibson files suit over a dictionary (okay, actually a movie about a dictionary — the Oxford English Dictionary). [Deadline]

    * Congratulations to Judge Lorna G. Schofield (S.D.N.Y.) on receiving the Liberty Award from the ABA! [American Bar Association]

  • Non-Sequiturs: 06.07.17
    Non-Sequiturs

    Non-Sequiturs: 06.07.17

    * Ben Wittes on James Comey’s prepared testimony (which he’ll deliver tomorrow): “the most shocking single document compiled about the official conduct of the public duties of any President since the release of the Watergate tapes.” [Lawfare]

    * Could the Public Service Loan Forgiveness (PSLF) program be eliminated — retroactively? Thoughts from Professor Gregory Crespi. [SSRN]

    * The California Supreme Court appears less than enthused about a ballot measure that would compel the courts to decide death penalty cases more quickly. [How Appealing]

    * Behind every great bestseller is… a tiger mother? How Amy Chua mentored J.D. Vance, author of Hillbilly Elegy (affiliate link). [The Atlantic]

    * Picking up on Shannon Achimalbe’s post from earlier today, here’s additional financial advice for young lawyers. [SoFi]

    * Legal technology is a godsend — but what do you do when problems arise? [Reboot Your Law Practice]

    * Mark your calendars: one week from today, on June 14 in San Francisco, it’s the Battle of the (Law Firm) Bands! [Family Violence Appellate Project]

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  • Morning Docket: 04.17.17
    Morning Docket

    Morning Docket: 04.17.17

    * Settlements have been reached between Berkeley Law, the school’s former dean, and the dean’s former assistant. If you recall, then dean Sujit Chaudry was accused of sexually harassing his assistant, and as part of the settlement, he’ll have to pay $100K in fees and charitable donations, but will be considered to be on “sabbatical” until May 2018, keeping all of his benefits. Hmm, do we think this is fair? [Mercury News]

    * “We have not livestreamed before, but that’s not to say that won’t happen in this case.” The Fourth Circuit is considering livestreaming oral arguments for travel ban 2.0, much like what the Ninth Circuit did with oral arguments for Trump’s first travel ban. Maybe you’ll be able to do some “professional development” billing… [National Law Journal]

    * “Arkansas does not intend to torture plaintiffs to death.” Judge Kristine G. Baker (E.D. Ark.) has halted a whirlwind series of eight executions — the state’s first executions scheduled since 2005 — citing a “threat of irreparable harm” if the drug midazolam is used as part of the lethal injection drug protocol and somehow fails. [New York Times]

    * More and more out-of-state Biglaw firms are flocking to Houston, Texas, to open their own offices, which has inspired many lawyers to leave their current firms for greener pastures — in terms of both money and opportunities. But is there enough legal work to go around with all of the new competition? Only time will tell. [Houston Chronicle]

    * Ten Harvard Law student affinity groups are gunning for Professor David B. Wilkins to become the next dean of the school after Martha Minow steps down at the end of the year. They’ve written a letter to the university president, imploring him to take their advice and select their dean candidate for the position. Check it out. [Harvard Crimson]

  • Morning Docket: 01.11.17
    Morning Docket

    Morning Docket: 01.11.17

    * After hearing powerful testimony from victims’ relatives, a federal jury sentenced Charleston church shooter Dylann Roof to death. [BuzzFeed]

    * Dahlia Lithwick on yesterday’s Jeff Sessions hearing: the nominee “will be handily confirmed,” and Democrats “are rightly very, very afraid.” [Slate]

    * An interesting puzzle for the Supreme Court: free speech and credit card fees. [New York Times via How Appealing]

    * Also from Howard Bashman, also about free speech: Gibson Dunn partner Miguel Estrada “warns City of Philadelphia that his hourly rate is very expensive.” [How Appealing]

    * More about Morrison & Foerster snagging former Justice Department national security chief John Carlin — the latest in a series of high-profile hires of former government lawyers, including Kathryn Thomson and Jessie Liu. [Law.com]

    * Some good news out of the Charlotte School of Law: students might be getting their spring semester loan proceeds after all. [ABA Journal]

    * Speaking of money, Volkswagen is going to pay a lot of it — perhaps $4.3 billion in fines — to resolve the federal criminal investigation into its cheating on vehicle emissions tests. [New York Times]

  • Morning Docket: 12.09.16
    Morning Docket

    Morning Docket: 12.09.16

    * President-elect Donald Trump’s pick for secretary of labor, fast-food executive Andrew Puzder, is a critic of the Obama Administration’s regulation in this area (and he’s a former litigator, interestingly enough). [Washington Post]

    * Judge Bill Pryor (11th Cir.), a top SCOTUS contender in a Trump Administration, is beloved by conservatives — but confirming him could be a battle. [Bloomberg BNA via How Appealing]

    * The Arkansas Supreme Court rules that married lesbian couples can’t put the names of both spouses on their children’s birth certificates. [WSJ Law Blog]

    * SEC enforcement chief Andrew Ceresney will leave the agency by the end of this year; where might he wind up? [Law.com]

    * Governor Andrew Cuomo met with the feds in connection with the corruption case brought against some of his former aides. [New York Times]

    * Michael Jordan’s latest court victory — in an IP case in China. [Bloomberg]

    * Alabama prisoner Ronald Smith is executed after the Supreme Court denies a stay, leaving SCOTUS review of the state’s unique “judicial override” system for another day. [New York Times via How Appealing]

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