* Even JFK had mommy issues. Unfortunately, his came with possible nuclear armageddon. [Lowering the Bar]
* Washington, D.C. is a horrible back-biting hellhole. Except for the D.C. Circuit, where Judge Tatel and Chief Judge Sentelle apparently hold weekly kumbaya circles and talk about their feelings. [Concurring Opinions]
* Prosecutors file motions to keep George Zimmerman’s lawyers from bringing up Trayvon Martin’s past in the trial. Probably because “getting into school fights” is not particularly probative of “deserved to get murdered.” [WKMG]
Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit since last week, is dreading March 1.
With heavy stress on “not,” Chief Judge Garland said he does “not look forward” to the potential sequester because he knows that it would mean cuts and that he would have to make them.
Garland, along with fellow D.C. Circuit Judge Thomas Griffith and Senior Judge Laurence Silberman, spoke Saturday at the Georgetown University Law Center, as part of the J. Reuben Clark Law Society’s annual conference. I attended the panel presentation.
One positive of the new job for Garland is that he can make more writing assignments. Like Justice Breyer, he was a longtime junior judge. Translation: He had to take what he was given to write.
“The public has seen [Garland’s] last opinion on energy law,” Griffith predicted.
Read more about the panel, including Silberman’s jabs at the recess appointments decision, Griffith’s magical (?) clerk gift, and Garland’s limited edition headgear for a court party, after the jump….
It’s been so long since Obama lost something I was beginning to forget what it looked like.
In a reminder that just because the Senate is a dysfunctional band of elderly people doesn’t mean you can put them in a home and wait for them to die, the U.S. Court of Appeals for the D.C. Circuit knocked down some of the president’s recess appointments.
In January 2012, Obama made some recess appointments to the National Labor Relations Board when the Senate wasn’t really in recess. The D.C. Circuit today says that he can’t do that.
Which might, you know, throw out a year’s worth of NLRB work. And it might be bad precedent for the big recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau…
I don’t know who to believe about the so-called fiscal cliff. I think Steve Kornacki is right and it’s more like a fiscal slope. But if the markets keep acting like petulant children who are easily frightened, then it will really have a deleterious impact on our economy. Then again, Wall Street being happy doesn’t necessarily translate into Main Street being happy, so who knows? The only thing I’m sure of is that conducting politics by holding the nation hostage is freaking stupid. I hope they fix the fiscal thingy and the debt ceiling in the same deal, so America can get back to problems that we haven’t created for ourselves on purpose.
In any event, if we do going tumbling off the cliff or down the slope or around the bend, there will be pain for those who don’t deserve it. While Article I fights it out with Article II, Article III prepares to lay people off, while the fourth estate just wants to see more people fighting.
People who work for federal courts, prepared to be caught in the crossfire….
Now another top law school — a top, top law school, one that sends many of its graduates into clerkships — has joined Georgetown in departing from the Plan. And the school’s dean has offered a full-throated defense of the decision to diverge.
Which school are we talking about? And is its argument persuasive?
Perhaps this is part of some elaborate research project into the workings of the criminal justice system. Professor Stephen F. Smith, who teaches criminal law and criminal procedure at Notre Dame Law School, stands accused of a serious crime.
According to the South Bend Tribune, Professor Smith faces one count of domestic battery, a class D felony. He’s accused of striking and kicking his wife at their home, in an incident that allegedly took place back in June.
Professor Smith doesn’t fit the profile of the typical defendant in a domestic violence case. How many DV defendants have clerked on the U.S. Supreme Court? How many have graduated from Dartmouth College, where Smith served as a trustee, and the University of Virginia School of Law, where he once taught?
After graduating from Dartmouth and UVA Law, Smith clerked on the D.C. Circuit (for Judge David Sentelle) and SCOTUS (for Justice Clarence Thomas). He practiced at Sidley Austin before joining the UVA Law faculty, where he served as John V. Ray Research Professor before moving to Notre Dame. (Query: What prompted Professor Smith to move from UVA to ND?)
Legal pedigrees don’t get much better than this. But enough of Professor Smith’s dazzling résumé. Let’s learn about the lurid allegations against him — and hear from ND law students about a campus controversy he created….
UPDATE: Please note the updates added to the end of this story. Thanks.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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