Death Penalty

Morning Docket

Morning Docket: 08.16.17

* Could this be the case that puts the nail in the death penalty's coffin? Justice Breyer probably hopes so. Neal Katyal of Hogan Lovells has asked the Supreme Court to hear an Arizona death row inmate's case, arguing that the state's death penalty law is unconstitutional and that it must be struck down. [BuzzFeed] * "[T]he Tiffany trademark is not something to be trifled with." Judge Laura Taylor Swain of the Southern District of New York has ruled that Costco must pay more than $19 million after selling rings and attempting to pass them off as a luxury brand by using and infringing upon the Tiffany trademark. Treble damages are a bitch, and Costco plans to appeal. [New York Law Journal] * After a special Senate primary, former Alabama Supreme Court Chief Justice Roy Moore, who was once removed from his post and later suspended from it, and Senator Luther Strange, who was appointed to fill the seat formerly occupied by AG Jeff Sessions, will face each other in a runoff for the state's GOP nomination. Voters seem thrilled with their options. [New York Times] * A former law firm partner who is accused of creating a fake Match.com account using the name of a real female attorney and allegedly signing her up for emails from a weight loss surgery company, the Obesity Action Coalition, and Pig International -- all from his law firm computer -- is facing discipline before the Illinois Attorney Registration and Disciplinary Commission [Law.com] * Joseph Amico, who was arrested back in April after threatening to blow up a Manhattan attorney who he allegedly referred to as a "n****r lover" has been rearrested, this time for allegedly harassing the judge in his divorce case. Amico, who was free on $50,000 bail, has an optimistic attorney who's confident his client will receive a "favorable bail disposition." [New York Daily News] * If you're searching for a job to take after law school that doesn't necessarily involve practicing law, then you may want to consider a career in policy work. After all, having a law degree when working in the policy world likely amounts to some sort of a JD Advantage-type job. [U.S. News & World Report]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 08.02.17

* As I noted in my last nominations roundup, the Trump administration is actually ahead of the Bush and Obama administrations when it comes to judicial appointments -- especially with yesterday's confirmation of Kevin Newsom to the Eleventh Circuit. [How Appealing] * With Republicans in charge of the presidency and Senate, could breaking up the Ninth Circuit return to the agenda? [Law360] * And here's an interesting argument against a split, from the Republican point of view (by Wyatt Kozinski, following in his father's footsteps). [SSRN] * Capital punishment: yet another issue where it's all about Justice Kennedy. [Empirical SCOTUS] * Thoughts from Joel Cohen on the Trump/Sessions troubles. [The Hill] * How NOT to escape from your law school loans. [Gizmodo] * If a pizza party isn't your thing, here are some other ideas for what to eat when working hard at the law firm. [Cater2me] * Litigation that lawyers can love: Mel Gibson files suit over a dictionary (okay, actually a movie about a dictionary -- the Oxford English Dictionary). [Deadline] * Congratulations to Judge Lorna G. Schofield (S.D.N.Y.) on receiving the Liberty Award from the ABA! [American Bar Association]

By David Lat
Non-Sequiturs

Non-Sequiturs: 06.07.17

* Ben Wittes on James Comey's prepared testimony (which he'll deliver tomorrow): "the most shocking single document compiled about the official conduct of the public duties of any President since the release of the Watergate tapes." [Lawfare] * Could the Public Service Loan Forgiveness (PSLF) program be eliminated -- retroactively? Thoughts from Professor Gregory Crespi. [SSRN] * The California Supreme Court appears less than enthused about a ballot measure that would compel the courts to decide death penalty cases more quickly. [How Appealing] * Behind every great bestseller is... a tiger mother? How Amy Chua mentored J.D. Vance, author of Hillbilly Elegy (affiliate link). [The Atlantic] * Picking up on Shannon Achimalbe's post from earlier today, here's additional financial advice for young lawyers. [SoFi] * Legal technology is a godsend -- but what do you do when problems arise? [Reboot Your Law Practice] * Mark your calendars: one week from today, on June 14 in San Francisco, it's the Battle of the (Law Firm) Bands! [Family Violence Appellate Project]

By David Lat
Morning Docket

Morning Docket: 05.24.17

* President Donald Trump has hired his longtime lawyer, Marc Kasowitz of Kasowitz Benson, to represent him as his independent counsel in the investigation of claims that his campaign colluded with Russia during the 2016 election. Is anyone really surprised that Trump chose to hire Kasowitz? Moreover, is anyone really surprised that he'd further complicate hiring Joe Lieberman as FBI director by doing so? [FOX Business] * In somewhat related news, despite having worked as a partner at WilmerHale -- a firm that represents former Trump campaign manager Paul Manafort as well as Trump's daughter, Ivanka, and his son-in-law, Jared Kushner -- Robert Mueller has been approved by ethics experts at the Justice Department to go ahead as special counsel in the Trump/Russia investigation, as he did not participate in those matters. Things are about to start heating up. [NPR] * President Donald Trump's proposed 2018 fiscal budget includes a $1.1 billion cut in funding for the Department of Justice. The $27.7 billion request for the DOJ represents a 3.8 percent decrease from its current funding level, while the antitrust division's funding will remain the same, at just under $165 million. It makes you wonder which initiatives will be discontinued. [Big Law Business] * Speaking of the Trump budget, American Bar Association President Linda A. Klein has spoken out against it, criticizing its "egregious cuts to the Constitution’s promise of a fair legal process." Funding for the Legal Services Corporation and the Public Service Loan Forgiveness program have been completely eliminated, and if the money is not reinstated, "severe damage [could be done] to the most vulnerable people in our society." [ABA Journal] * Convicted killer Dylann Roof, who was found guilty of 33 federal charges, including hate crimes and religious rights violations, has appealed his conviction and his death sentence to the Fourth Circuit. According to his lawyers, Roof wanted to appeal to drag the case on as long as possible, since he thinks white supremacists will eventually take over the country and pardon him. Wow. [AP]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 05.01.17

* Airbnb will allow the government to audit hosts in order to test for racial discrimination. [The Guardian] * Texas cop shoots and kills an unarmed black 15-year-old. [The Root] * There's no video, but Popehat has a nice little tale about an airline and airport police completely failing. [Popehat] * If this had happened to Ann Coulter, conservatives would be concerned. But since it only happened to left-leaning women in Kentucky... crickets. [ABC] * The Supreme Court doesn't want to touch California's ban on gay conversion therapy. Banning gay conversion therapy is, of course, the only reason to be happy Donald Trump hasn't been repealed and replaced by Mike Pence. [ABA Journal] * In case you missed it, on Friday night I debated Jenner Block's Lindsay Harrison about the Constitution, and Seema Iyer about sex offenders. Check out the webcast here. [WNYC Studios] * Richard Posner and Jed Rakoff face off over the death penalty. [Slate]

Elie Mystal is an editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.

By Elie Mystal
Non-Sequiturs

Non-Sequiturs: 04.26.17

* Today is World IP Day. Oh wait, that's wrong. "Today is World IP Day.TM" [World Intellectual Property Organization] * A pair of twins is graduating from UVA Law. In other news, it's a really slow news day at UVA. [UVA Today] * Alabama is voting to put an anti-abortion amendment in their state constitution because there's literally not a single other issue requiring the attention of Alabama lawmakers. [The Hill] * Johnny Depp's managers don't trust him. [USA Today] * This woman does not like xylophones. [Lowering the Bar] * For Serial fans in Minnesota, Sarah Koenig and Julie Snyder are speaking in your town on May 10. [Beth El Synagogue] * A tribute to death penalty litigator Steve Bright. [Katz Justice] * The Beast shouldn't be forgiven at the end of Beauty and the Beast. [The Legal Geeks] * Aaron Hernandez did not write a note to a prison lover, according to his lawyer. [CBS Sports]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 04.21.17

* Neil Gorsuch's death count is only likely to increase. [Huffington Post] * Arkansas accepted a "donation" of potassium chloride that it's using in lethal injections. [McClatchy] * This lawyer's comments are absolutely awful. [U.S. News] * AG Jeff Sessions's thoughts on Hawaii aren't surprising, but they are still infuriating. [Slate] * Is this the most conspiracy-theory-filled deposition ever? [Salon] * Sally Yates has been invited to testify before the House Intelligence Committee. [Politico] * Is the truth even relevant anymore? [Law and More]

By Kathryn Rubino
Morning Docket

Morning Docket: 04.17.17

* Settlements have been reached between Berkeley Law, the school's former dean, and the dean's former assistant. If you recall, then dean Sujit Chaudry was accused of sexually harassing his assistant, and as part of the settlement, he'll have to pay $100K in fees and charitable donations, but will be considered to be on "sabbatical" until May 2018, keeping all of his benefits. Hmm, do we think this is fair? [Mercury News] * "We have not livestreamed before, but that's not to say that won't happen in this case." The Fourth Circuit is considering livestreaming oral arguments for travel ban 2.0, much like what the Ninth Circuit did with oral arguments for Trump's first travel ban. Maybe you'll be able to do some "professional development" billing... [National Law Journal] * "Arkansas does not intend to torture plaintiffs to death." Judge Kristine G. Baker (E.D. Ark.) has halted a whirlwind series of eight executions -- the state's first executions scheduled since 2005 -- citing a "threat of irreparable harm" if the drug midazolam is used as part of the lethal injection drug protocol and somehow fails. [New York Times] * More and more out-of-state Biglaw firms are flocking to Houston, Texas, to open their own offices, which has inspired many lawyers to leave their current firms for greener pastures -- in terms of both money and opportunities. But is there enough legal work to go around with all of the new competition? Only time will tell. [Houston Chronicle] * Ten Harvard Law student affinity groups are gunning for Professor David B. Wilkins to become the next dean of the school after Martha Minow steps down at the end of the year. They've written a letter to the university president, imploring him to take their advice and select their dean candidate for the position. Check it out. [Harvard Crimson]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.31.17

* A judge has approved a $25 million settlement for claims surrounding Trump University. [NPR] * If Neil Gorsuch becomes the next Supreme Court justice, is that proof bullying works? [Guile is Good] * Tips for surviving work when you're exhausted. [Corporette] * A look at the charges against the pro-life activists who secretly recorded Planned Parenthood sessions. [Slate] * Arkansas is racing to beat the clock... in order to execute people. [The Slot] * You're getting more of a TV show you probably don't watch anyway. [Law and More] * An appeals court ruled not to release Guantanamo Bay forced-feeding videos. [AP]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 02.28.17

* So, is the Ninth Circuit really the court that gets most frequently overturned by the Supreme Court? [Empirical SCOTUS] * Buckle in marijuana enthusiasts, it's going to be a long four years. [Huffington Post] * Is there ideological discrimination in law school hiring? A debate. [TaxProf Blog] * Death penalty sentences are down. Does the Dallas District Attorney want to change that? [Slate] * You can stop talking like a lawyer. [Law and More] * RIP to partner Andrew Thompson. [Cravath]

By Kathryn Rubino
Morning Docket

Morning Docket: 01.18.17

* Barack Obama is churning through moves in the last few days of his presidency. Besides the high-profile commutation of Chelsea Manning's sentence, he's busy on land preservation, immigration, Guantanamo Bay and education. [CNN] * A new report from the Congressional Budget Office is putting pressure on Republicans to decide what comes next, after they repeal the Affordable Care Act. [Washington Post] * Eighteen people were arrested on the steps of the Supreme Court for protesting the reinstatement of the death penalty 40 years ago. [Law.com] * A former USC football player apologized for lashing out at his attorney. Owen Hanson told VICE Sports his plea deal on charges of running an offshore gambling drug trafficking ring was a "bait and switch." He's since walked backed from those comments and affirmed he took the deal of his own volition. [LA Times] * Chief Justice John Roberts will swear in Donald Trump as President of the United States on Friday. A look back at Trump's insults lobbed at the Chief. [National Law Journal]

By Kathryn Rubino