In my near 14 years on the bench, this is the first time I can recall this happening.
– Judge Kermit Bye of the Eighth Circuit, in a scathing dissent issued after Missouri executed a death row inmate before the court could finish reviewing his request for a stay. On Wednesday, Missouri executed another death row inmate, this time before the Supreme Court ruled on his request for a stay. The state has executed three inmates in as many months, all while appeals were still pending.
* Attorney General Eric Holder has until tomorrow to decide whether the government will seek the death penalty in the case against Dzhokhar Tsaernaev. Screw his fan clubs, he deserves it. [Associated Press]
* “Those who know me know I don’t like to lose.” Good thing he didn’t. Leo Strine was unanimously confirmed as Chief Justice of Delaware’s Supreme Court. We can’t wait to see what he’ll bring to his new bench. [Reuters]
* “[N]ominal relief does not necessarily a nominal victory make.” Any day that a lawyer can secure a $1 award for his client and a $34,772 award of fees for himself is a very successful day as a lawyer. [New York Law Journal]
* The mayor of Hoboken, New Jersey, was sued, and she’s blaming Chris Christie and his allies for the whole thing. When the governor found out, he had just finished bringing about world peace. [Star-Ledger]
* Kansas Law will offer in-state tuition to people near Kansas City, Missouri. It must be hurting to fill its seats to make such an offer just because the city name has Kansas in it. [Kansas City Business Journal]
* George Zimmerman’s estranged wife, Shellie, is well on her way to getting a default judgment of divorce. She may be down one dog in her life, but she still wants custody of their two pets. [Orlando Sentinel]
‘Try and make it look painful, we’ve got a bloodthirsty audience here!’
* Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]
* A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]
* Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]
* In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]
* And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]
* On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]
* Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]
* At MSU Law, a couple of law professors are getting serious about figuring out how to leverage technology in the profession. They envision making legal hiring into “Moneyball” with MSU Law representing Oakland. So they plan to raise false hopes and ultimately fail too? [Lansing State Journal]
* A real estate attorney is hosting a boot camp to train slumlords. Yay? [SF Gate]
* If you never thought electing state judges was a matter of life and death, read this. [Huffington Post]
* Here’s a fun one: Should TheDirty.com be liable for encouraging readers to submit gossip? Our old friend Sarah Jones hopes so. [Forbes]
* The Steubenville rape case is back in the news after a grand jury has indicted four school officials for covering up the school’s infamous rape. [Jezebel]
* A couple of former Harvard Law roommates have a fashion startup called ShopRagHouse that allows customers to design their own clothes. They’re seeking some additional funding for their next collection with a Kickstarter campaign now. [Kickstarter]
* If you’re in New York and interested about legal careers in banking, swing by the Fordham Law amphitheater tonight from 6 to 8 for a free panel discussion featuring representatives from some of the largest banks in the world hosted by the Chinese Business Lawyers Association. [Eventbrite]
* If you thought the Redskins were offensive, I bring you the Coachella Valley High Arabs. Complete with video of their mascot! [Yahoo! Sports]
* With states increasingly losing access to tried and true execution drugs, the wardens are now experimenting on their own. This sounds (a) incredibly cruel and unusual, and (b) likely to result in creating a supervillian. [Vocativ]
* Texas Attorney General Greg Abbott fought hard for a voter ID law. And on Tuesday, he failed to meet the standards of the law he championed. Derp. [Opposing Views]
* We frequently link to the fun poetic stylings of Poetic Justice. Now you can enter a contest to win a free copy of the book! [Poetic Justice]
* In a horrific turn, a father called the cops to teach his son a lesson. Then the cops killed the son. [Gawker]
* Fear Roatti the White Tiger, Esq. Fear him mightily. [Deadspin]
* This is perhaps the weirdest law firm video ever. Video embedded after the jump… [Legal Cheek]
* When it comes to the U.S. Congress — especially the current one, said to be the least productive and least popular in history — and federal lawmaking, “action isn’t the same as accomplishment.” [Boston Globe]
* The Department of Justice won’t seek the death penalty against Edward Snowden, but only because the crime he’s charged with doesn’t carry that kind of punishment as an option. But oh, Eric Holder can wish. [CNN]
* Sorry to burst your bubble, but Biglaw as we know it is on a respirator, so be prepared to recite its last rites. The New Republic’s Noam Scheiber responds to the critics of last week’s hard-hitting piece. [New Republic]
* The grass isn’t greener on the other side right now. Revenue per lawyer rose at Biglaw firms in 2012 (up 8.5 percent), but small firms struggled (with RPL down 8.1 percent). Ouch. [National Law Journal]
* Let me Google that for you: Hot new technology startups have been looking to lawyers who hail from the innovative internet company’s ranks when staffing their own legal departments. [The Recorder]
* If you’re wondering why more financial crimes haven’t been prosecuted since the Wall Street meltdown of 2008, it’s probably because they’re too just difficult for most juries to understand. Comforting. [NPR]
* In a recent interview having to do with all of the problems that law schools are currently facing, from shrinkage to joblessness, Professor Paul Campos sat down to politely say, “Told ya so.” [Denver Post]
* The cop who became a global internet meme for pepper spraying protesters at Berkeley Davis is now appealing for worker’s comp, arguing that he suffered psychiatric injury. Pray for him. [Lawyers, Guns & Money]
* Ariel Castro has pleaded guilty. Professor Douglas Berman suggests that the death penalty may have made this possible. An alternative theory is that Castro doesn’t think being locked up in a tiny space for years on end is all that bad. [Sentencing Law and Policy]
* Lawyer arrested for bringing meth into a courthouse. I’d say “better call Saul,” but this sounds more like something Saul would do. [Press Democrat]
* An Akin Gump partner, James Meggesto, is in hot water for Tweeting his disdain for a congressman and a Native American chief. For the record, when a tweet opens with “Resisting urge to tweet…”, you’ve failed. [Politico]
* This story actually reminds me of the plot to the new BSG series — a networked house can easily be hacked by cylons. Or in this case, Kashmir Hill. [Forbes]
* New York’s energy regulations are increasing demand for energy-efficient solutions. The most efficient thing about my apartment is finally getting a break in the heat. [Breaking Energy]
* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy]
* Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker]
* “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today]
* Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer]
* Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN]
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