D.C. Circuit

  • typos

    Screw-Ups, Technology

    Practice Pointer: Don’t Let Your iPhone Spellcheck Your Brief

    Check out this error, which is both entertaining and educational.

    3 Comments / / Jun 22, 2015 at 3:18 PM
  • unc_logo

    Non-Sequiturs

    Non-Sequiturs: 06.19.15

    * The North Carolina legislature’s war on UNC Law School continues. The Senate just proposed a $3 million budget cut. Tarheels adjust by ending Civ Pro right before International Shoe. [The Herald Sun]

    * U.S. District Court Judge Rosemary Collyer enjoys living dangerously. When the D.C. Circuit tells her the CIA needs to disclose more about drone policy, she… tells the CIA to keep its mouth shut. AC/DC has a song about that behavior. [Politico]

    * Most attention is, justifiably, fixed on marriage equality and health care, but there are some huge pending decisions we’re overlooking. [Slate]

    * Will Chief Justice Roberts save Obamacare again? [Mother Jones]

    * Speaking of SCOTUS, Professor Ilya Somin and Constitutional Accountability Center chief counsel Elizabeth Wydra talk Supreme Court in this podcast. [The Volokh Conspiracy / Washington Post]

    * Career hiccups begin with you. So, you know, stop doing that to yourself. [Corporette]

    * Why have car insurance in this case? A fair question. [Legal Juice]

    * If you didn’t make it to see David speak with a panel of distinguished guests at the Fix the Court/Politico Supreme Court event this week, here’s the video! [Politico]

    3 Comments / / Jun 19, 2015 at 5:12 PM
  • Judge Laurence Silberman

    Benchslaps, D.C. Circuit, Laurence Silberman

    Bad Briefing Begets Brutal Benchslap

    This D.C. Circuit judge doesn’t suffer subpar briefing gladly.

    14 Comments / / Jun 16, 2015 at 12:51 PM
  • net neutrality

    Technology, Uncategorized

    Quo Vadis, Net Neutrality?

    Appeals, reconsiderations, judicial lotteries – there’s never a dull moment when it comes to net neutrality.

    / May 13, 2015 at 12:17 PM
  • Friends higher resolution

    Benchslaps, D.C. Circuit, Television

    The One Where The D.C. Circuit Benchslaps The Federal Government

    A federal judge cites the TV sitcom “Friends” to kick off her latest opinion.

    15 Comments / / May 7, 2015 at 3:11 PM
  • Dean Michael Schill

    Morning Docket

    Morning Docket: 04.15.15

    * Sorry, Chicago Law, but it looks like you’re going to lose your dean. Michael Schill, the school’s departing dean, will leave to assume the presidency at the University of Oregon. It’s an upgrade for UO, and a potential downgrade for UChiLaw. Yikes… [Willamette Week]

    * FYI, D.C. Circuit litigants, you really need to “avoid using acronyms that are not widely known.” This is your second warning, your colleagues have already been benchslapped for this behavior, and the clerk’s office literally can’t even anymore. [National Law Journal]

    * After six months spent completing a domestic violence program, the battery charge against Judge Mark Fuller has been dropped and expunged from his record. Whether he’ll be allowed to keep his job on the federal bench is another story entirely. [Reuters]

    * Your law school application is a great place to explain why your undergraduate GPA is so damn low, because at this point in the process, the law school of your choice may be happy that you actually have a pulse. [Law Admissions Lowdown / U.S. News & World Report]

    * Theo Shaw, a member of the “Jena Six” who had to spend 7 months in jail because he couldn’t afford bail for his alleged participation in a gang-beating, is going to law school on a full ride. He’s “profoundly grateful” to Washington Law. Congrats! [Business Insider]

    20 Comments / / Apr 15, 2015 at 9:04 AM
  • Judge Edith Jones

  • gunmen swat team University of Texas

    Non-Sequiturs

    Non-Sequiturs: 01.28.15

    * SWAT team called in to break up a poker game between a bunch of rich people. The militarization of the police seems like it’s going great. [Washington Post]

    * The SPLC is lodging an ethics complaint against Alabama Chief Justice Roy Moore after he explained that he intends to defy federal law. He’s such a delight. [WAAY TV]

    * Rutgers-Camden’s student evaluation controversy unfortunately fits right into the grand scheme of legal industry misogyny. [Salon]

    * South Carolina has finally vacated the convictions of the Friendship Nine — protesters busted for sitting at the diner counter who pioneered the “jail, no bail” strategy that dominated the 60s civil rights movement. It only took 54 years. [Huffington Post]

    * Another day, another embarrassing development for the plaintiffs in King v. Burwell. This time it’s former Senator Ben Nelson who Obamacare challengers cite for their claim that the Senate never intended subsidies to go to states without their own exchanges. Well, Senator Nelson wrote his own brief blowing this theory out of the water. This is basically SCOTUS’s version of the Marshall McLuhan scene. [Washington Post]

    * A list of upcoming books about the Supreme Court. [SCOTUSBlog]

    * An enterprising law office discovered that the courts in Oklahoma publish social security numbers all the time. [Wirth Law Office]

    * D.C. Circuit Judge Patricia Millett talks clerking diversity. [National Law Journal]

    * UC Hastings Law student Hali Ford is competing on the 30th season of Survivor. Her interview video is below. [TV Grapevine]

    https://www.youtube.com/watch?v=w8ydBekmEOw

    6 Comments / / Jan 28, 2015 at 4:55 PM
  • "Hold that thought... I have to go call a guy."

    Bad Ideas, Craigslist, D.C. Circuit, Quote of the Day, Sex

    Because Prestige Is The Ultimate Aphrodisiac

    D.C. lawyers are looking for love in all the wrong places.

    48 Comments / / Jan 14, 2015 at 3:15 PM
  • Kim_Jong-Un_Sketch

    Non-Sequiturs

    Non-Sequiturs: 12.24.14

    * The joke’s on North Korea: you can’t hack the D.C. Circuit because they still use Commodore 64s. [The Volokh Conspiracy / Washington Post]

    * As we remember the Slaughter and May holiday party of 1981, here’s a mashup with contemporary music. [Legal Cheek]

    * With restrictions lifting, what will America’s new relationship with Cuba mean for business? I’m most looking forward to imported communist liquor. They can call it Red Rum. [LXBN]

    * Court says Muslim can’t take the oath on a Koran. I mean, isn’t this that special time of year where people of all religions come together to worship Jesus Christ? [Religion Clause]

    * The least efficient armed robbery ever nets pennies. If one of these guys drops a dime on the others guys he’d actually be coming out ahead. [Legal Juice]

    * Christmas wishes revolving mostly around Agent Carter and Star Wars. My only Star Wars wish is for a stand-alone Admiral Ackbar movie, but we’re not going to get it. [The Legal Geeks]

    14 Comments / / Dec 24, 2014 at 1:31 PM
  • Rudolph,_The_Red-Nosed_Reindeer_Marion_Books

    Non-Sequiturs

    Non-Sequiturs: 12.17.14

    * Rudolph sues for discrimination. This is why you should always let guys play in your reindeer games. [Bolek Besser Glesius LLC]

    * Congressional gridlock may call off… the Super Bowl? At least the Bears have other things to worry about than planning for the post-season. [Redline]

    * Hot damn, Keith Lee. “ABA 509 Matriculant Data On All Ranked Schools.” That’s… wow. [Associate’s Mind]

    * The Senate torture report may be an ugly, but there’s an argument that it hides a silver lining. [What About Clients?]

    * What isn’t the D.C. Circuit doing today? [Constitutional Accountability Center]

    * Document reviewers may have known that emails weren’t really private for years, but other professions understood the lack of true privacy much longer. [Law and More]

    * David is interviewed about Supreme Ambitions (affiliate link). [ABA Journal]

    * Bill O’Reilly invites on an “HLS student” — who is also a conservative commentator — to say a bunch of racial codewords under the guise of exam extensions. Look, I wouldn’t ask for an exam extension if my leg were caught in a bear trap, but you know what? I couldn’t care less if other people got extensions. Quit your whining (and appearing on TV) and go study for your own damn self! [Fox News]

    8 Comments / / Dec 17, 2014 at 5:30 PM
  • 800px-SCOTUSbuilding_1st_Street_SE

    Federal Government, SCOTUS

    SCOTUS Argument Preview: Must Agencies Use Notice and Comment Rulemaking to Change Interpretation

    The United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation.

    / Dec 1, 2014 at 12:40 PM
  • stripper shoe

    Biglaw, D.C. Circuit, Divorce Train Wrecks, Fashion, Health Care / Medicine, Labor / Employment, Law Firm Mergers, Morning Docket, Nude Dancing

    Morning Docket: 11.17.14

    * When Loretta Lynch still worked at Hogan & Hartson (now known as Hogan Lovells thanks to a merger), her colleagues described her as a warm person without “a political bone in her body.” That said, best of luck to her in D.C. [National Law Journal]

    * The D.C. Circuit upheld the Affordable Care Act’s contraceptive opt-out plan for religious employers, but since “[t]he court is wrong,” we can count on a at least a few organizations that’ll refuse to comply. Gee, thanks a lot, Obama. [WSJ Law Blog]

    * Some call the latest Biglaw tie-up “law-firm Darwinism,” but hey, “[i]t’s not like [Bingham’s] a wounded gazelle and we are pouncing on them,” says a too coy Morgan Lewis lawyer. [Philadelphia Inquirer]

    * Fashion law may be a $985 billion global industry, but only five law school courses on the topic exist in the U.S. Why? “There’s no defensible reason except that fashion is perceived as a frivolous subject.” [AFP]

    * This woman plans to appeal a $1 billion divorce settlement award because it’s not “fair and equitable.” In her defense, she did get a very small percentage of her ex-husband’s multibillion-dollar wealth. [People]

    * Wage and hour laws have never been so sexy: Thanks to this court ruling, Rick’s Cabaret is going to have to make it rain on thousands of strippers to the tune of more than $10 million. [New York Times]

    25 Comments / / Nov 17, 2014 at 9:07 AM
  • Decorative Scales of Justice in the Courtroom

    Federal Government

    HUD Housing Disparate Impact Rules Vacated – How an APA Case Could Clarify Complicated Private Litigation

    Ed note: This post originally appeared on Federal Regulations Advisor. The United States District Court for the District of Columbia vacated the Department of Housing and Urban Development (HUD) 2013 rules (ostensibly) under the Fair Housing Act (FHA) establishing disparate-impact liability in a case revolving on homeowners’ insurance coverage policies. Plaintiffs in American Insurance Association […]

    / Nov 11, 2014 at 10:47 AM
  • passport US passport

    Courthouses, D.C. Circuit, Department of Justice, Election Law, Environment / Environmental Law, Non-Sequiturs, Politics, Privacy, SCOTUS, Supreme Court, Technology

    Non-Sequiturs: 11.03.14

    * Floridian women lawyers got their wish: Bad Judge, plagued by bad ratings, is getting canceled. [Daily Business Review]

    * A round-up of write-ups about today’s oral arguments in the Israel / Jerusalem passport case. [How Appealing]

    * Interesting reflections from Professor Glenn Reynolds on the controversial catcalling video.
    [USA Today via Instapundit]

    * Things are bats**t insane — literally — at this Utah courthouse. [Gawker]

    * The D.C. Circuit gives the EPA its way on cross-state air pollution. [Breaking Energy]

    * Election monitors from the Justice Department: possibly coming to a jurisdiction near you (including Bergen County, New Jersey, where I grew up). [BuzzFeed]

    * Can cops force suspects to use their fingerprints to unlock their cellphones? Eric Crusius and Lisa Giovinazzo debate, after the jump. [Fox News]

    11 Comments / / Nov 3, 2014 at 4:32 PM
  • steak beef meat steakhouse

  • 640px-Bob_McDonnell_by_Gage_Skidmore

    Drinking, FTC, Health Care / Medicine, Non-Sequiturs, Police, Politics, Racism, Trademarks

    Non-Sequiturs: 09.04.14

    * Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette] * The best way to catch drunk drivers is to give them something to crash into. [Legal Juice] * Chaumtoli Huq, a former general counsel to the New York […]

    1 Comment / / Sep 4, 2014 at 5:37 PM
  • Alex Kozinski standard headshot Chief Judge Kozinski

    Alex Kozinski, Biglaw, D.C. Circuit, Health Care / Medicine, Law Schools, Non-Sequiturs

    Non-Sequiturs: 08.21.14

    * Judge John D. Bates wrote a letter to the Senate Judiciary and Intelligence Committee leadership “on behalf of the Judiciary” explaining why it’s important to keep FISA an opaque Star Chamber. Chief Judge Kozinsky, um, disagrees with that “on behalf” part, and calls out Judge Bates in this letter for mouthing off where he has absolutely no authority. [Just Security]

    * The twisted, contradictory, desperate logic behind Halbig. In GIF form!!! [Buzzfeed]

    * Two InfiLaw schools, Florida Coastal and our Twitter buddies at Charlotte, are offering refunds to students who perpetually fail the bar as well as a refund to students who don’t get clerkships or externships. That’s nice. A whole $10,000 for failing the bar twice and $2000 for not landing a position. Don’t bother comparing that too how much the students shelled out for their degrees because it’s too depressing. [JD Journal]

    * Do you want to know how to survive Biglaw? [2Civility]

    * Interesting advice on how to best take advantage of the more informal rules of mediation — let your clients build the narrative. [Katz Justice]

    * Judge gives a speech and suggests a woman should become a phone sex operator. That’ll work out well for him. [Journal Gazette]

    * Maybe we should be getting law degrees as undergrads? That way we might have minors that employers will care about. [Chronicle of Higher Education]

    * Geez, lots of judges in trouble today — here’s an elected judge accused of lying about where she lived to get elected. She denies it, but her filings list three different addresses. Oops. [Times-Picayune]

    1 Comment / / Aug 21, 2014 at 5:03 PM