Constitutional Law

* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]

* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]

* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]

* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]

* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]

* Elie smash, Charlotte Law School. [NPR Charlotte]

* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]

* Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]

On Tuesday night, President Obama asked Congress to delay a vote authorizing military action against Syria. During the same speech, however, he reserved what he claims is his right as commander-in-chief to act independently if Congress fails to go along with his proposals.

Sen. Bob Corker, the senior Republican on the Foreign Relations Committee, earlier said that members of the administration would be “far better off if they seek authorization based upon our national interests, which would provide the kind of public debate and legitimacy that can only come from Congress.”

Better off? A unique legitimacy coming only from Congressional approval? Is that just a helpful suggestion to the president or a claim of actual authority?

Let’s all hope for diplomatic solutions with the Assad regime. Let’s hope for consensus at home. But let’s also hope for thirty-hour work weeks, traffic-free commutes, and calorie-free cheese. Then, let’s talk about who gets to decide where American forces go when push comes to shove….

double red triangle arrows Continue reading “Obama’s Right To Be Wrong: Presidential Power And Military Action”

Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.

In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.

How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?

double red triangle arrows Continue reading “The Supreme Court ‘Beauty Contest’: A Behind-the-Scenes Look”

Scalia/Ginsburg: coming soon to an opera house near you?

We recently shared with you a fascinating, legally themed musical project: Scalia/Ginsburg, an opera about two of the U.S. Supreme Court’s leading lights, by award-winning composer Derrick Wang.

Justice Scalia and Justice Ginsburg, longtime colleagues and good friends, don’t share much in terms of jurisprudence but do share a love of opera. It’s fitting, then, that their Con Law clashes will serve as the basis for a new operatic work.

Where did Wang come up with the idea for an opera about these two distinguished jurists? As it turns out, Wang is not only a composer but a law school graduate. Where did he go to law school, and why?

double red triangle arrows Continue reading “A Law School Graduate Who Makes Beautiful Music”

Pope Gregory XIII be RACEIST.

A Catholic lawyer, a Jewish lawyer, and a Muslim lawyer all walk into a bar. The Muslim lawyer says, “I’m filing an injunction to stop this den of sin from serving alcohol.” The Jewish lawyer says, “I’m suing you for working on the Sabbath.” The bartender looks at the Catholic lawyer and says, “Jesus, what do you want?” The Catholic lawyer says, “How the hell should I know? But I’ll take a scotch while you wait for an answer.”

It’s not every day that you see a person specify that they want a lawyer who is from a certain religious background. Law is generally a secular profession. Sure, Moses is the first law giver in the Judeo-Christian tradition, but the only God most lawyers consult before deciding whether or not to take a case is the one bathed in green.

Still, when you are a whack-job on Craigslist who is trying to mount an assault on the calendar, I suppose the only way you’re going to get help is with the aid of a true believer.

Yeah, you heard me right, I’m talking about a guy who wants to sue… somebody… over the calendar

double red triangle arrows Continue reading “Crusader Requires A Jewish OR Muslim Lawyer: Apparently We’re Going After The 16th-Century Vatican In SCOTUS!!”

Alan Dershowitz

It’s going to happen the way things always happen at the court. The court will appear to be leading, but it will be following.

– Professor Alan Dershowitz, offering a prediction about how the Supreme Court will eventually kill off the death penalty. The Court effectively suspended the death penalty in 1972 but brought it back in 1976, a story chronicled in a fascinating new book I’m currently reading, Evan Mandery’s A Wild Justice: The Death and Resurrection of Capital Punishment in America (affiliate link).

It’s Alito time, Phil! (via Getty Images)

* The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]

* Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]

* “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]

* According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]

* Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]

* Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]

* Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]

* I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning picked a great time to make this announcement to the world. [Chicago Tribune]

* You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]

* Justice Ruth Bader Ginsburg is definitely one of our favorite judicial divas. When asked if she thought the Supreme Court’s work was art or theater, she mused, “It’s both, with a healthy dose of real life mixed in.” [New York Times]

* According to the Citi Private Bank’s Law Firm Group report on the first half of the year, the legal industry should count itself lucky if it manages to meet last year’s single-digit profit growth. This “new normal” thing sucks. [Am Law Daily]

* Howrey going to celebrate these “monumental” settlements with Baker & Hostetler and Citibank? The failed firm’s trustee might throw a party when he’s finally able to file a liquidation plan. [Am Law Daily]

* Uncommon law marriage? A man stuck in an inheritance battle who lived with his late partner since 1995 now asks the District of Columbia to declare him common-law husband. [Wall Street Journal (sub. req.)]

* The ABA’s Section of Legal Education and Admissions to the Bar proposed a major overhaul to its accreditation standards. Action, of course, likely won’t be taken until next year. [National Law Journal]

* Despite the fact that these measures could help struggling graduates, law deans are at odds over the ABA’s proposed changes to tenure requirements for professors. [Capital Business / Washington Post]

* “Sooner or later you’ve got to make a choice, because you need enough revenue to cover what your expenses are.” Cooley will weather the storm by introducing a massive tuition hike. [Lansing State Journal]

* “How would you feel if you spent well over $100,000 on law school, only to have to spend an extra couple of thousand dollars on a course to get you to pass the bar?” You’d probably feel like everyone else. [CNBC]

* Requiring porn stars to wear condoms might not be sexy, but a federal judge says it’s constitutional. Don’t worry, unlike its actresses, the adult film industry won’t go down without a fight. [Los Angeles Times]

I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?

Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.

Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…

double red triangle arrows Continue reading “Laws Make Strange Bedfellows”

[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

double red triangle arrows Continue reading “New York Can No Longer Stop And Frisk The ‘Right People’ For Being The ‘Wrong Color’”

Page 5 of 24123456789...24