Constitutional Law

Non-Sequiturs

Non Sequiturs: 11.11.18

* The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court's first signed majority opinion -- and, interestingly enough, it's a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O'Scannlain). [Empirical SCOTUS] * When he's not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books -- like his latest, a review of Joel Richard Paul's new biography of Chief Justice John Marshall (affiliate link). [New York Review of Books] * President Donald Trump is transforming the federal judiciary with his youthful and conservative appointments -- but the extent of the transformation should not be exaggerated, for reasons identified by Ed Whelan. [Bench Memos / National Review] * Ann Althouse analyzes some of the juiciest passages in Michelle Obama's new memoir (affiliate link). [Althouse] * It has been a long time -- specifically, more than four years -- since the Department of Justice has issued an opinion about the Foreign Corrupt Practices Act, as FCPA guru Mike Koehler points out. [FCPA Professor] * Peter Schuck responds, in thoughtful and civil fashion, to the (many) critics of his and Rogers Smith's argument that the Fourteenth Amendment does not require birthright citizenship for the children of unlawfully present aliens. [PrawfsBlawg] * After last Tuesday's elections, in which Louisiana approved a state constitutional amendment requiring a unanimous jury to convict in a criminal case, Oregon is the only state that allows conviction in some criminal cases without a unanimous jury -- and Gerard Magliocca wonders if this is constitutional. [Concurring Opinions] * He's no stranger to our pages, but Isaac Lidsky -- the child actor (Saved By The Bell) turned first blind SCOTUS clerk turned successful entrepreneur -- still has many insights to share, as he does in this wide-ranging podcast with Goli Kalkhoran. [Lessons From A Quitter]

By David Lat
Morning Docket

Morning Docket: 11.07.18

* Republicans' control over the Senate grew after the midterm elections, but Democrats managed to take the House. Here are six interesting reasons why that means President Donald Trump could be in "huge legal trouble" now. [Law & Crime] * Florida voters approved an amendment to their state constitution to restore felons' voting rights, which will now be automatically restored after prison time is completed and restitution paid. That's at least 1.4 million more voters! [Orlando Sentinel] * Remember Kim Davis, the Kentucky county clerk who was jailed after she refused to sign marriage licenses for same-sex couples? Last night, she lost her reelection campaign to Elwood Caudill Jr., a Democratic challenger. [Lexington Herald Leader] * In case you missed it, President Donald Trump chose former White House counsel and current O'Melveny of counsel A.B. Culvahouse to go Down Under to put another shrimp on the barbie serve as U.S. ambassador to Australia. [National Law Journal] * A California appellate court has paved the way for former Winston & Strawn partner Constance Ramos to get out of an "unconscionable" arbitration agreement with the firm. This may be the first Biglaw gender bias case to make it to trial. [The Recorder] * Sorry, but you can't deduct the cost of your law degree on your taxes because it qualified you for a new trade or business. The U.S. Tax Court says that even with a shiny new J.D. in your possession, you've only enhanced your current skills. [Law360] * Grab 'em by the public interest: Per a new Gallup survey, pre-law students don't care about Biglaw money; no, they say the top reason to go to law school is to "pursue a career in politics, government, or other public service." [Idaho Business Review] * A group of crypto investors has filed suit against rapper T.I., alleging that they could not have whatever they like because he tricked them into backing FLiK Token. The Rubberband Man's lawyer says, "Tip is truly disheartened by the lawsuit." [Complex]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.31.18

* Senator Lindsey Graham (R-S.C.) says he plans to introduce legislation to end our "absurd policy of birthright citizenship." Good luck with that, Senator, because if you want to amend the Constitution, you'll need a two-thirds majority in Congress and ratification of three-quarters of the states. [The Hill] * Women are allegedly being paid to make false sexual assault and harassment claims against Special Counsel Robert Mueller, and now the FBI is investigating the situation. The going rate for these made-up stories is apparently $20,000. [The Atlantic] * After having its plan to gift a troubled law school to Middle Tennessee State University be flat-out rejected, Valparaiso Law has decided to call it quits. We'll have more on this totally unpredictable development later today. [ABA Journal] * If you're in law school and your girlfriend breaks up with you, you should probably stop calling her -- unless, of course, you don't mind a harassment conviction and spending a year in jail. Now this fellow is trying to overcome his character and fitness obstacles to become a member of the bar. [Milwaukee Journal Sentinel] * In case you missed it, the Library Innovation Lab at Harvard Law School just unleashed about 6.5 million digitized court decisions online, for free, as part of the Caselaw Access Project. No, that's not a typo -- everything is free. [Fortune] * How did graduates of the Charleston School of Law do on the South Carolina bar exam this past summer? Not too well. For the second year in a row, more than half of them failed the test. On the "bright side," 59 percent of first-time takers from the school passed, up 11 percentage points from last year. [Post and Courier]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.18.18

* Interior Secretary Ryan Zinke is the subject of no fewer than 14 separate corruption investigations. So he fired the inspector general managing the probes and replaced him with a political appointee. [Outside] * Meanwhile, a Treasury official who blew the whistle on actual criminal activity was arrested. Good to see we've got our priorities straight. [Law360] * While we've been talking about global firms invading the Houston market, V&E is looking to expand to New York, DC, and London. [Texas Lawyer] * Former West Virginia Supreme Court justice found guilty. [American Lawyer] * Why are all the bigots going into baking? [Courthouse News Service] * White & Case has a plan to grow like gangbusters over the next two years. Meghan Tribe talks with the firm about this vision. [American Lawyer]

By Joe Patrice