D.C. Circuit
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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] -
D.C. Circuit, Federal Government, Federal Judges, Politics, Public Interest
Liberal Critiques Of Challenges To Obamacare: 2 Errors Worth Correcting
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2nd Circuit, 4th Circuit, Copyright, D.C. Circuit, Food, Gay, Gay Marriage, Health Care / Medicine, Immigration, Music, Non-Sequiturs, Rankings, Rape, Supreme Court
Non-Sequiturs: 07.28.14
* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME] * The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal] * What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post] * Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing] * With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer] * I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center] * Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal] * The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel] * Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker] * Gaming the rankings — not just for law schools any more. [The Kansas City Star] * Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]
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Advertising, American Bar Association / ABA, D.C. Circuit, Health Care / Medicine, Legal Ethics, Non-Sequiturs, Patents, Pets, Racism, Supreme Court
Non-Sequiturs: 07.25.14
* Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks] * Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog] * Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9] * The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post] * What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly] * Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post] * Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal] * Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money] * Everyday we (the ABA) hustlin’. [Law and More] -
Books, Constitutional Law, D.C. Circuit, Drinking, Health Care / Medicine, Non-Sequiturs, Patents, Sexual Harassment, Television
Non-Sequiturs: 07.24.14
* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek] * How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar] * Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post] * Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today] * Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate] * The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post] * There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon] * Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports] -
4th Circuit, D.C. Circuit, Gay, Guns / Firearms, Health Care / Medicine, Non-Sequiturs, Police
Non-Sequiturs: 07.23.14
* Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker] * The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor] * Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax] * In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune] * Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?] * Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate] * Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel] * The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog] -
4th Circuit, Career Alternatives, D.C. Circuit, Health Care / Medicine, Non-Sequiturs
Non-Sequiturs: 07.22.14
* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News] * Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate] * Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside] * Ruth Bader Ginsburg’s senior picture from Cornell. [That's What She Said / Jezebel] * Elie thinks we should all get drunk and go for a bike ride! [ATL Redline] * From purveyor of justice to purveyor of donuts. [USA Today] * Congratulations to Professor Mariano-Florentino Cuellar of Stanford Law on his nomination to the California Supreme Court. If confirmed, maybe Stanford can start advertising about all the state judges they’ve produced. [San Jose Mercury News] * We’ve heard that Bingham is looking to merge. Lee Pacchia talks to Casey Sullivan about what’s next. Video after the jump… [Mimesis Law] -
D.C. Circuit, Football, Quote of the Day, Racism, Trademarks
Redskins Really Hoping For Judge Who Has Never Read A Dictionary
A long time ago, one judge thought Native Americans weren't necessarily offended by "Redskins." Washington is really hoping they find another judge like that. - Sponsored
Document Automation For Law Firms: The Definitive Guide
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Benchslaps, D.C. Circuit, Federal Judges, Laurence Silberman, Litigators, Litigatrix, Quote of the Day
Benchslap Of The Day: The D.C. Circuit Calls Out A Top Law School Professor
Which professor got publicly reprimanded, and why? -
Federal Government
Regulatory Review: Electric Power Sales; Orphan Drugs Other Uses; Spring 2014 Unified Agenda & Memorial Day, 2014
Lee Beck's roundup of recent happenings in government regulation. -
D.C. Circuit, White-Collar Crime
A Vindictive Prosecution Motion in the Continuing Saga of Nicholas Slatten
Is the DOJ just out for revenge? -
D.C. Circuit, Tobacco / Smoking
Smoke Signals: The Misinformation Behind FDA's Proposed Regulation Of E-Cigarettes
What are the flaws of the FDA's proposed regulation of e-cigarettes? -
D.C. Circuit, White-Collar Crime
A Battle in Iraq Leads to a Battle in the Federal Courts in D.C.
The twisting, wild legal battle over a Blackwater mission gone wrong.
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Continuing Legal Education / CLE, D.C. Circuit, Food, Gay, Gay Marriage, Guns / Firearms, Non-Sequiturs, Paralegals, Religion, Technology
Non-Sequiturs: 03.28.14
* Beef: it’s what’s for dinner (at the D.C. Circuit). [How Appealing] * “The Likelihood A Robot Will Steal Your Job, In One Picture.” Good news for lawyers, not-so-good news for paralegals. [Kotaku] * An interesting perspective from Professor Faisal Kutty: “Why Gay Marriage May Not Be Contrary To Islam.” [Huffington Post] * And from Willkie partner Francis J. Menton: “Argentina Is Joined In The Supreme Court By The Coalition Of Weasels.” (I’m guessing Willkie doesn’t represent many foreign sovereigns in fights against their creditors; that seems to be Cleary Gottlieb’s niche.) [Manhattan Contrarian via Instapundit] * A CLE event that offers a lot of bang for the buck. [National Firearms Law Seminar] * If you’ll be in Philadelphia tomorrow night, watch a bunch of Penn Law students beat up some punks from Wharton — for a good cause! [Wharton vs. Law: Fight Night; promotional video after the jump] -
Benchslaps, Biglaw, Celebrities, Christopher Christie, D.C. Circuit, Gender, Law Reviews, Law Schools, Music, Non-Sequiturs, Rap, Sports, Technology, Women's Issues
Non-Sequiturs: 03.27.14
* The Biglaw firm that Chris Christie hired to investigate Chris Christie and the Bridgegate scandal has concluded that Chris Christie did nothing wrong. Phew, Chris Christie couldn’t haven seen that one coming. [BuzzFeed] * If you were an attorney on the D.C. Circuit case where counsel received an unexpected benchslap for their use of excessive acronyms, would you have said OMG WTF, or LOL NBD? Choose wisely, unless you DGAF. [Legal Writing Pro] * BTW, the D.C. Circuit doesn’t so much forbid the use of uncommon acronyms so much as it requires that a glossary be used to define them. Too bad iPads have killed glossaries. [Maryland Appellate Blog] * An American failed chef in Paris: One of Lat’s friends from back in the day when he was at Wachtell took a very circuitous route to becoming the first American partner at a top French firm. [The Deal Pipeline] * If you care at all about how well women and minority law students are represented on law reviews, then you’ll want to come to this important event. I’ll be there, and hope to see you there, too! [Ms. JD] * It’s getting hot in herre, but please keep on your clothes. Students from Penn Law REALLY want you to know about this weekend’s boxing event. Nelly will be at the after party. [Wharton vs. Law: Fight Night] -
Antitrust, Benchslaps, Brett Kavanaugh, D.C. Circuit, Department of Justice, Laurence Silberman
A Benchslap Postscript: Mo' Words, Mo' Problems
These poor lawyers before the D.C. Circuit just can't catch a break. -
Antitrust, Benchslaps, Brett Kavanaugh, D.C. Circuit, Department of Justice, Laurence Silberman
Benchslap Of The Day: LMAO At D.C. Cir.
This is funny. You should read it. -
Barack Obama, D.C. Circuit, Guantanamo Bay, Politics, Prisons, War on Terror
Who Cares If Gitmo Detainees Starve to Death?
Is forced feeding a form of torture? What does President Obama think? -
Antonin Scalia, Barack Obama, D.C. Circuit, FCC, Food, Jury Duty, Morning Docket, Movies, Murder, SCOTUS, Supreme Court, Trials
Morning Docket: 02.20.14
* Justice Scalia apparently has an ulterior motive for his hatred of deep-dish pizza: “He’s just trying to undermine Barack Obama because he’s a Chicago guy.” God, can’t the guy just like New York style pizza better? Come on. [WSJ Law Blog (sub. req.)]
* Now that the Federal Communication Commission’s net neutrality rules have been smacked down by the D.C. Circuit, the agency is going to start from scratch and come up with some new ones. Yeah, good luck with that. [National Law Journal]
* “Roll your window up, ignore the taunting, put your car in reverse, move a parking spot over.” These are some of the ways you can avoid killing black teenagers over loud music, says a Michael Dunn juror. [CNN]
* The toupee gave it away: A lawyer who used to work as an i-banker at Stratton Oakmont is suing for defamation over a character he claims was modeled after him in the “Wolf of Wall Street.” [ABC News]
* The lawsuit filed against Nick Saban’s daughter by her sorority sister was tossed under Alabama’s “stand your ground” rule over her objections that she was kind of like a defenseless receiver. [Associated Press]
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D.C. Circuit, Elena Kagan, Federal Judges, Quote of the Day, SCOTUS, Supreme Court
Justice Kagan: Not Ready For Her Close-Up?
What are Justice Kagan's aspirations for her opinions?