What was this partner thinking when he filed this off-the-wall petition with the Supreme Court?
Could the third time be the charm? Today, the U.S. Supreme Court granted the petition for certiorari filed in May 2014 by the Texas Department of Housing and Community Affairs (Texas DHCA) in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.
The case gives the Supreme Court its third opportunity since 2012 to rule on the issue of whether disparate impact claims are cognizable under the Fair Housing Act. The prior two cases, Twp. Of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. and Magner v. Gallagher, were both settled after the completion of briefing but before the Court could hear oral argument and answer the question presented. This time around the Court granted the certiorari petition without first soliciting the views of the Solicitor General.
We’ve all heard how dysfunctional entry-level legal recruiting is: Inordinate expense, decisions made on the briefest of subjective impressions with opacity all around, and what do firms reap for all their efforts? Shocking attrition rates among junior associates. It’s time for a conference on what could work better, and this is it.
* With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]
* “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]
* Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]
* “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]
* If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]
* Judges with daughters are seven percent more likely to support women’s rights than judges with only sons. Alas, Justices Scalia and Alito are impervious to human emotion. [New York Times]
* If you thought Supreme Court justices were “profoundly divided” over issues of law, wait until you see how they differ over the pronunciation of the word “certiorari.” [National Law Journal]
* This year’s summer associate programs sound pretty lame compared to the past: “The emphasis is certainly more on the work than it is on the social events.” All work and no play makes Jack an employed boy at graduation. [Boston Business Journal]
* “I saved the internet today. Your freedom continues.” Fair assessment. Sarah Jones’s win in her defamation case against Nik Richie and TheDirty.com was overturned by the Sixth Circuit. [Courier-Journal]
* If you’re choosing to go against the president’s wishes and apply to law school, here’s how you can leverage your major on all of your applications. [Law Admissions Lowdown / U.S. News & World Report]
* This cowgirl is putting aside her rodeo accomplishments to go to law school. At least she’ll have the experience needed to ride the bucking bronco of the post-recession job market. [Casper Star-Tribune]
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Who is the latest legal eagle to feather her nest at the elite litigation firm?
Justice Sotomayor is generally very nice, but don’t get her angry. A federal prosecutor in Texas who made improper, racially charged remarks during a trial learned this the hard way.
* “Did the imperative use of the F-bomb … threaten judicial authority?” Wow, seriously? This is perhaps the most entertaining question presented for review in a Supreme Court certiorari petition in the history of man. [National Law Journal]
* Boy, Dewey have some expensive paintings for you to buy! This failed firm’s art collection will be hitting the auction block in February, and the entire LeBoeuf lot is supposedly worth $2.3M, but most pieces are pretty damn ugly. [WSJ Law Blog (sub. req.)]
* When anonymous commenting goes wronger-er: Jim Letten, U.S. Attorney for the Eastern District of Louisiana, has resigned amid the scandal caused by his underlings’ obnoxious comments. [Times-Picayune]
* Your employers really don’t want pictures of your office holiday party antics going viral online (but we do). Here are some of the many ways they’ll try to keep you from becoming internet famous. [Corporate Counsel]
* George Zimmerman, the man accused of killing Trayvon Martin, is suing NBCUniversal, alleging that the network and Today show reporters committed serious “journalistic crimes.” [Media Decoder / New York Times]
* Dewey know how many professional services firms it takes to wind down a Biglaw firm? According to new D&L bankruptcy filings, there are at least eight of them — including Togut Segal & Segal, a leading law firm that reportedly charges $935 an hour. [WSJ Law Blog]
* Despite Barack Obama’s pledge of support, Brett McGurk has withdrawn his name from the White House pool of ambassadorial candidates amid much salacious controversy. Apparently this man knows a lost cause when he sees one. [Washington Post]
* So many DOMA lawsuits, so little time: what’s happening in the six major cases on this statute? The majority are in various stages of appeal, and the world at large is currently awaiting a cert filing to get a final take from the Supreme Court. [Poliglot / Metro Weekly]
* LSAC will now vet incoming law students’ GPAs and LSAT scores. The ABA won’t do it because they need the insurance policy of someone else to blame in case something happens to go wrong. [National Law Journal]
* Oh, my sweet little Mittens, you’re making it really hard for moderates like me to consider voting for you in November. Protip: you went to law school, so you should probably stop telling people that you didn’t. [Ology]
* Stephen McDaniel’s lawyers are expected to ask a judge to reconsider his $850K bond today. If he’s released, it seems like there’s a high probability that he’ll become an ATL commenter. [Macon Telegraph]
* Remember the legal fight over the Tyrannosaurus bataar? Well, now Preet Bharara, the U.S. Attorney for the S.D.N.Y., is on the case, and he wants to be seized for return to Jurassic Park Mongolia. [New York Observer]
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Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, Elie said they were openly begging for a right-wing Supreme Court to review and overturn their ruling. It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection….
* With yesterday’s decision from Pennsylvania, the game is now tied for Obamacare at the federal district court level. Come on, SCOTUS, just grant someone certiorari already. [Bloomberg] * Keep this in mind if you’re applying to law school this year: if you’re white, it ain’t aight. Who knew that there could be “anti-white bias” […]
The confirmation hearings for Solicitor General Elena Kagan, nominated to replace Justice John Paul Stevens on the Supreme Court, are currently scheduled to start on Monday, June 28. We will, of course, offer extensive coverage, including some liveblogging. But most observers expect little confirmation drama — which makes sense. Elena Kagan is an eminently qualified […]