Christopher Sprigman

* 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

* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal]

* Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic]

* Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh’s nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against — yes, against — the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review]

* If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court’s business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS]

* The failure of Ryan Bounds’s Ninth Circuit nomination could be a “teachable moment” for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews]

* Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line]

* It’s unfair to dismiss Seinfeld as “a show about nothing”; episodes offer insight into numerous legal issues — for example, the law of conspiracy. [Seinfeld Law]

* Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason]

* If you’re interested in litigation finance, there’s a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]

Finally we see all the obstacles right-wingers have to overcome.

Two law professors argue that passengers should be spending more money.

Nerd battle gets juicier!

Check out the update on the future of the Bluebook, and some Yalies are on board.

You don't want to make Katy Perry your enemy, because her lawyers will come at you like a dark horse. Check out the UPDATE: we've got the response to the C&D letter.

What kind of silver bullet could kill this venerable institution?

* Mayor Bloomberg is filing suit to overturn New York’s Living Wage law, because wasting a bunch of money pursuing a lawsuit for the last two weeks of his term is the kind of efficiency he brings to the table as a biznessmun. [DNAInfo] * Judge Richard Leon puts the NSA metadata surveillance program on ice. Looks like someone's going to get bugged. [Slate] * Someone’s asking for a fake college transcript in Baton Rouge. Pretty sure LSU’s athletic department could give you a hand. [Law and More] * Considering the polygamy ruling in Utah, here’s an interesting analysis of the constitutionality of bestiality laws. This seems like an appropriate place to link this song about a guy who broke into the Lincoln Park zoo in Chicago. [The Volokh Conspiracy] * Here’s a fun game: replace the name of the school and the course of study and marvel at how easily it could pass for an article Elie wrote. [Huffington Post] * These folks got smacked with a cybersquatting charge because they used a logical domain name to publicize an ongoing dispute. It’s a lot easier to sue people than to build a solid home. [IT-Lex] * In sad news, the victim in a recent carjacking-related killing was Dustin Friedland, a Syracuse law grad who worked with Adam Leitman Bailey. Our thoughts are with the Friedland family. [NY Daily News] * The Beastie Boys are suing GoldieBlox over the latter’s viral ad set to a parody of “Girls.” Unlike GoldieBlox, NYU Law professor Chris Sprigman doesn’t need an elaborate Rube Goldberg machine to burst the Beastie Boys’ bubble. Video embedded after the jump… [Bloomberg Law via YouTube]