David Markus

  • Non Sequiturs: 12.09.18
    Non-Sequiturs

    Non Sequiturs: 12.09.18

    * A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg]

    * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in “cop show” television programs? [Law and Crime]

    * David Oscar Markus isn’t afraid to take on tough cases — like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog]

    * Former federal defender Stephen Cooper does not mince words: “The prospective gassing of human beings in Alabama is an abomination.” [Alabama Political Reporter]

    * Jerry Goldfeder and Lincoln Mitchell offer up this hypothetical (which sounds far-fetched, but never say never given the times in which we live): “What if Trump loses but refuses to leave the White House?” [New York Daily News]

    * Looking for a special present for the legal nerd in your life? In addition to the items featured in the Above the Law holiday gift guide, check out the latest edition of the Solicitor General’s Style Guide. [Amazon (affiliate link)]

    * Speaking of the Supreme Court, Adam Feldman takes a data-driven look at the recent spat between President Donald Trump and Chief Justice John Roberts over partisanship in the federal judiciary. [Empirical SCOTUS]

  • Non-Sequiturs: 10.14.18
    Non-Sequiturs

    Non-Sequiturs: 10.14.18

    * Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh’s brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS]

    * And Joel Cohen looks at how Justice Kavanaugh’s confirmation fight might affect his judging of the accused. [Law and Crime]

    * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill]

    * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic]

    * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason]

    * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg]

    * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA’s “not qualified” rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business]

    * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean]

    * Congratulations to Pedro Hernandez on the dismissal of his case — and to his counsel, Alex Spiro of Quinn Emanuel, on the great result.

    https://www.youtube.com/watch?v=-2YPLmtwkug

  • Non-Sequiturs: 09.30.18
    Non-Sequiturs

    Non-Sequiturs: 09.30.18

    * Many believe that today’s Supreme Court is one of the hottest benches in history; Adam Feldman uses data to assess the claim. [Empirical SCOTUS]

    * As for who takes the SCOTUS bench, contingency plays a major role — along with credentials and conservatism, as Ian Millhiser explains. [ThinkProgress]

    * Most people have their minds made up about Thursday’s Supreme Court confirmation hearings featuring Dr. Christine Blasey Ford and Judge Brett Kavanaugh — but if you’re still trying to process the proceedings, David Oscar Markus offers five simple rules for evaluating the witnesses. [The Hill]

    * Ann Althouse has some reflections on Judge Kavanaugh’s emotional testimony and “present-day conservative masculinity.” [Althouse]

    * David Bernstein proffers this interesting solution to the Kavanaugh nomination situation — but don’t hold your breath for its implementation. [Volokh Conspiracy / Reason]

    * If the road to hell is paved with good intentions, “the EU is busy building a three-lane highway that leads to a particularly dark place,” according to Charles Glasser. [Daily Caller]

    * Lawyer Luddites: “AI in the legal space is not scary,” as explained by David Kleiman of Bloomberg Law. [Artificial Lawyer]

    * Indeed, as Greg Lambert argues, lawyers — especially “working partners” — need to join the innovation conversation. [3 Geeks and a Law Blog]

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