Constitutional Law

  • abortion law RF

  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Elena Kagan, Federal Government, Paul Clement, SCOTUS, Sonia Sotomayor, Supreme Court

    The Big Week at SCOTUS: What Stands Out Most

    What were the highlights of last week’s Supreme Court arguments in the gay marriage cases? Michelle Olsen of Appellate Daily picks out a few.

    3 Comments / / Apr 1, 2013 at 5:07 PM
  • gay marraige 4

  • Supreme Court SCOTUS photo by David Lat

    Anthony Kennedy, California, Constitutional Law, David Boies, Gay, Gay Marriage, John Roberts, Samuel Alito, SCOTUS, Solicitor General's Office, Supreme Court, Ted Olson

    The Proposition 8 Supreme Court Arguments: Standing and Standing

    How early did Supreme Court bar members have to arrive to make it into the courtroom for the Prop 8 arguments? What was the atmosphere like before the arguments began?

    9 Comments / / Mar 26, 2013 at 10:08 PM
  • camera small

    California, Constitutional Law, Gay, Gay Marriage, Pictures, SCOTUS, Supreme Court

    The Proposition 8 Supreme Court Arguments: A Photo Essay

    What was the scene like at the U.S. Supreme Court for today’s arguments in the Proposition 8 case? Here are some photos.

    5 Comments / / Mar 26, 2013 at 8:34 PM
  • scalia-hand RF

    Antonin Scalia, Benchslaps, California, Constitutional Law, Gay, Gay Marriage, Quote of the Day, SCOTUS, Supreme Court, Ted Olson

    One Supreme Benchslap, Coming Right Up!

    Did you seriously think you could get away with asking Justice Scalia a rhetorical question during oral arguments?

    8 Comments / / Mar 26, 2013 at 4:40 PM
  • 'You may take our false hopes for employment, but you will never take our right to sue!'

    Abortion, Anthony Kennedy, Antonin Scalia, Bankruptcy, Biglaw, California, Constitutional Law, Dewey & LeBoeuf, Gay, Gay Marriage, Law Schools, Morning Docket, Partner Issues, SCOTUS, Supreme Court

    Morning Docket: 03.25.13

    * Many have compared the possible outcome of the gay marriage cases to the Roe v. Wade decision, saying that constitutionalizing the right to gay marriage will create a similar culture war. Relax, bro, your bigotry is showing. You won’t be any less married if everyone has equal rights, promise. [New York Times]

    * Everyone thought Justice Kennedy was going to be the deciding voice in the Obamacare case, and that didn’t happen, but when it comes to the future of gay marriage, in the words of RuPaul, Kennedy’s got the right amount of “charisma, uniqueness, nerve, and talent” to save the day (at least as far as California’s Proposition 8 is concerned). [Sacramento Bee]

    * Meanwhile, people waiting in line outside of the Supreme Court in the hopes of grabbing one of the 50 seats reserved for the public like it’s a Black Friday sale outside of Walmart. Unemployed law grads, just think, you could be getting paid to sleep outside in a tent right now! [The Caucus / New York Times]

    * Modern-day legal education is a “failure” in the eyes of this Supreme Court justice. Now don’t get it twisted, Scalia wasn’t referring to the post-graduate employment crisis that we’ve all come know and loathe — he just thinks we need fewer “law and [insert bullsh*t here]“ classes. [Portsmouth Herald]

    * Dewey know when we’ll be able to retire this punny phrasing? Unfortunately, there doesn’t seem to be an end in sight because more than a dozen former partners (including John Altorelli of spy-shagging fame) are still clinging to their claims that the failed firm’s estate owes them money. [Am Law Daily]

    * Seeing as Widener’s motion to dismiss as to its allegedly deceptive job statistics was denied, it looks like there’s still time to rally behind the law school litigation cause. Someone on Team Strauss/Anziska needs to go all William Wallace and inspire more would-be plaintiffs to sue. [Law 360 (sub. req.)]

    2 Comments / / Mar 25, 2013 at 9:10 AM
  • lindsay lohan rehab mug shot

    Celebrities, Constitutional Law, Crime, D.C. Circuit, Facebook, Law Professors, Law Reviews, Law School Deans, Law Schools, Lindsay Lohan, Non-Sequiturs, Politics, Religion, Rudeness, Shopping, Weddings

    Non-Sequiturs: 03.22.13

    * So, after being shut down for more than two years, Caitlin Halligan asked President Obama to withdraw her nomination to the D.C. Circuit. This is how democracy works in our country, folks, and it’s pretty sad. [People For the American Way; Post Politics / Washington Post]

    * In America, we’re trying to get official recognition for gay marriage. In Scotland, they’re trying to get official recognition for weddings performed by Jedi Knights. Please, by all means, proceed to stroke each other’s lightsabers over this exciting nerd news. [Volokh Conspiracy]

    * Oh my god, this is something I’m definitely going to have to sit down and read, it looks so salacious and — oh. *eyeroll* This just in from the subtitle letdown department…. [Overlawyered]

    * A political consultant in Nebraska apparently got himself fired because he called Sen. Danielle Conrad a C-U-Next-Tuesday on his Facebook page. That was way harsh, Tai. [Jezebel]

    * Click here to listen to Professor Brian Tamanaha and Dean Lawrence Mitchell talk about rethinking the future of legal education. Tamanaha thinks the tuition is too damn high, whereas Dean Mitchell simply thinks that “life is expensive.” Not even kidding, he really said that. [Associate’s Mind]

    * At Target, you can definitely expect more and pay less, but that’s probably because your money’s allegedly being stolen out of the cash register. [Legal Juice]

    * And just because I love just about everything that Lindsay Lohan does because she’s the hottest of all messes, here’s a timeline of her mug shots ranked in order of her sex appeal. I love that we live in a world where such a thing actually exists! [Gawker]

    6 Comments / / Mar 22, 2013 at 4:29 PM
  • dislike button

    Attorney Misconduct, Bankruptcy, Biglaw, Constitutional Law, Facebook, Federal Judges, Guns / Firearms, Insider Trading, Morning Docket, Partner Issues, Partner Profits, SCOTUS, Supreme Court

    Morning Docket: 03.22.13

    * If you’re looking for an easy résumé line, then consider joining the Supreme Court bar, an elite organization that doesn’t check to see if its members are still alive. All you need is three years of practice, two signatures, and $200. [Associated Press]

    * Stanley Chesley, the master of disaster himself, was disbarred for his “shocking and reprehensible” conduct in a fen-phen case. His wife, U.S. District Court Judge Susan Dlott of the Southern District of Ohio, must be oh so pleased. [Courier-Journal]

    * Howrey like dem apples now? Some of Howrey’s former partners, including ex-chairman Robert Ryuak, all lined up to make deals to delay lawsuits from firm’s bankruptcy trustee, Allan Diamond. [WSJ Law Blog (sub. req.)]

    * This Biglaw firm’s future was just a little bit dimmer in 2012, with a 4.9 percent dip in profits per equity partner. This is unexpected from Milbank, a number 3 seed in our March Madness competition. [Am Law Daily]

    * The NRA’s New York affiliate filed suit challenging the state’s new gun laws, claiming that ban on assault weapons violates the Second Amendment — because this is clearly what the founders intended. [Reuters]

    * Raj Rajaratnam’s younger brother, Rengan Rajaratnam, was indicted yesterday in a federal insider-trading scheme tied to the Galleon case. You can’t fault the guy, he was just trying to keep it in the family. [Bloomberg]

    * Sorry, Dean Boland, but you’re not going anywhere. A judge denied the attorney’s request to withdraw from Paul Ceglia’s Facebook case. He must be wishing there were a dislike button now. [Law 360 (sub. req.)]

    8 Comments / / Mar 22, 2013 at 9:08 AM
  • Northwestern Law

    2nd Circuit, Abortion, Constitutional Law, Federal Circuit, Federal Government, Federal Judges, Insider Trading, Law Schools, Money, Morning Docket, Rankings, U.S. News

    Morning Docket: 03.12.13

    * If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]

    * A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]

    * Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]

    * The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]

    * Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]

    * Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

    1 Comment / / Mar 12, 2013 at 9:17 AM
  • Supreme Court SCOTUS photo by David Lat

    Crime, Federal Judges, SCOTUS, Sentencing Law, Supreme Court

    Today at the Supreme Court: Moving The Starting Point

    What happened at the U.S. Supreme Court today? Our SCOTUS correspondent, Matt Kaiser, offers an eyewitness report.

    5 Comments / / Feb 26, 2013 at 4:55 PM
  • 'Best court-ordered pajama party ever!'

    10th Circuit, Benchslaps, Biglaw, Confirmations, Constitutional Law, Guns / Firearms, McCarter & English, Mergers and Acquisitions, Minority Issues, Money, Morning Docket, Musical Chairs, Politics, Racism, SCOTUS, Securities and Exchange Commission, Sonia Sotomayor, Supreme Court

    Morning Docket: 02.26.13

    * Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]

    * Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]

    * Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]

    * Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]

    * Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain’s Chicago Business]

    * Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]

    * Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]

    * An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]

    6 Comments / / Feb 26, 2013 at 9:03 AM
  • nervous OCI interview

    Biglaw, Constitutional Law, Deaths, Department of Justice, Election Law, Federal Judges, Job Searches, JPMorgan Chase, Law Professors, Law Schools, Mergers and Acquisitions, Money, Morning Docket, Musical Chairs, Politics, Privacy, S.D.N.Y., SCOTUS, Supreme Court

    Morning Docket: 02.25.13

    * The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]

    * Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It’s All Politics / NPR]

    * Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]

    * Some law professors stop teaching classes to tend to their divorce proceedings, but others law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]

    * It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]

    * Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]

    * Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]

    * Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]

    4 Comments / / Feb 25, 2013 at 9:11 AM
  • Flag_of_Palestine

    Constitutional Law, Drugs, Facebook, Health Care / Medicine, Law Professors, Marijuana, Non-Sequiturs, Politics

    Non-Sequiturs: 02.20.13

    * Palestinian prisoners are smuggling spooge out of prison to make babies on the outside. The article raises some fascinating legal and ethical questions, but thankfully fails to explain the logistics of the scheme. [Bill of Health / Harvard Law Petrie-Flom Center]

    * Florida is looking into the question of whether judges and attorneys can be Facebook friends. But it’s so useful to have real-time feedback of which arguments that judge is going to “Like.” [IT-Lex]

    * The government has indicted a lawyer on charges of bankrolling a synthetic marijuana operation. So real-life Kentucky is just like Justified Kentucky. [USA Today]

    * The defense of Oscar Pistorius springs back and has a good day. [Deadspin]

    * This article about KU Law Professor Stephen Ware’s arrest on domestic abuse charges sounds bad, but he’s actually a hero for putting together an elaborate and interactive issue-spotting exam for his final. [6 News Lawrence]

    * This will be fun. What are the weirdest constitutional arguments ever asserted in court? [Volokh Conspiracy]

    * Former Senator Pete Dominici admits that he’s the father of Vegas lawyer Adam Laxalt of Lewis and Roca. While a Senator for New Mexico, Dominici was nailing the daughter of Nevada Senator Paul Laxalt… just to be neighborly. [Reno Gazette-Journal]

    2 Comments / / Feb 20, 2013 at 5:33 PM
  • Ole Miss Rebels

    Civil Rights, Constitutional Law, Election Law, Minority Issues, Racism

    With All Deliberate Speed, Mississippi Officially Ratifies The Thirteenth Amendment

    I don’t trust Mississippi, and neither should the Supreme Court.

    50 Comments / / Feb 19, 2013 at 6:05 PM
  • Scotus Possible Nominees

    Conferences / Symposia, Constitutional Law, D.C. Circuit, David Sentelle, Federal Government, Federal Judges, Feeder Judges, Laurence Silberman, Merrick Garland, Money

    New D.C. Circuit Chief Judge Dreading the Sequester

    The D.C. Circuit’s new chief judge and two of his colleagues spoke at a conference over the weekend. What did Their Honors have to say?

    9 Comments / / Feb 18, 2013 at 2:31 PM
  • Are there no volunteers on the Columbia Law Faculty?

    Constitutional Law, Law Professors, Law Schools

    Behemoth Constitutional Law Class To Have Two Curves

    At Columbia Law School, one professor’s personal life is now front and center…

    32 Comments / / Feb 14, 2013 at 11:13 AM
  • Antitrust, Antonin Scalia, Barack Obama, Constitutional Law, Job Searches, Legal Research, Rankings, Tax Law

    Non-Sequiturs: 02.13.13

    * Antonin Scalia thinks the State of the Union is a “childish spectacle.” I mean, if it was so important, the Founders would have put it in the Constitution, right? [New York Daily News]

    * Does your son or daughter want to be Barack Obama when they grow up? Here are complete instructions to building your own play drone! [Volokh Conspiracy]

    * Snickers bars are not tax deductible? Damn you H&R Block!!! [Tax Prof Blog]

    * Yesterday I mused about needing a ranking for the rankings. PrawfsBlawg points out that there is such a ranking. My dreams of glory are dashed yet again. [PrawfsBlawg]

    * It turns out recruiters are just as unimpressed with your legal research skills as your non-law friends. [Monster]

    * Allegedly, Nestle’s does not play well with others. [Courthouse News Service]

    * Is it just me or is giving the Republican response like being named the Madden cover athlete? Now let’s all watch Marco Rubio realize he needs water in super slow motion. [Deadspin]

    6 Comments / / Feb 13, 2013 at 5:15 PM