Deaths

David Foster Wallace

David Foster Wallace died six years ago today, on September 12, 2008. The author of novels such as Infinite Jest, The Pale King, and essay collections such as A Supposedly Fun Thing I’ll Never Do Again hanged himself in the garage of his California home. DFW was 46.
David Foster Wallace was a lawyer’s writer, if ever one could use that label without intending insult. DFW was not a lawyer, though he famously became friends and collaborators with legal writing expert Bryan Garner. Garner’s co-author Justice Antonin Scalia is also said to be a fan. Countless attorneys who haven’t cracked a novel in years will brighten at the mention of DFW. Analytical, language-obsessed, and neurotic, he may have captured the modus operandi of many lawyers as well as any novelist or essayist could.

David Foster Wallace, especially for a fiction writer, was logical, analytical. He never quite left behind the mindset of the analytic philosophy student he once was. Wallace’s senior thesis in modal logic was published posthumously. His senior thesis in English became his first published novel, The Broom of the System. He wrote lit for STEM geeks and logic nerds . . . including the many STEM geeks and logic nerds who later ended up in law. (Myself included.)

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Oscar Pistorius

* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]

* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]

* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]

* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]

* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]

Judge Richard Posner

* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]

* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]

* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]

* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]

* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]

* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]

* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]


* Lawyer busted for impersonating a Transformer. On that note, what would be the best name for a Transformer lawyer? Atticus Prime? L-Woods? Paddotron, who transforms into a clock that only measures tenths of an hour? [Jonathan Turley]

* Did you think your studying for the MBE could have used more original songs as study aids? Well, if so, you’re in luck because there’s an app called Study Songs that sets legal rules to music to help you remember. [Bar Exam Toolbox]

* New York courts are getting more and more fed up with the lack of relief available when lenders flaunt the law. [New York Law Journal]

* We’ve talked about litigation financing in the abstract before, but how can litigation financing help injured workers specifically? [LFC360]

* A former U.S. Attorney pleads guilty to not paying his taxes for years. [Las Vegas Review-Journal]

* In sad news, Sher Kung — part of the trial team that took down the military’s “Don’t Ask, Don’t Tell” policy, and recently of Perkins Coie — was killed in a cycling accident on Friday. [Seattle Times]

He was in a wheelchair. Why would he shoot? He could have just hit the man, beat him up.

Anita Johnson, a Miami-area woman, commenting on the killing of an unarmed panhandler in a wheelchair. Miami police have arrested Rodney Louis for allegedly shooting the panhandler before leading the cops on a 20-minute, high-speed chase. I suppose the days when handicapped beggars were merely dragged from their wheeled chariots and assaulted are but a fleeting memory of what America used to be.

Michael Brown, age 18 and a high school graduate, was scheduled to begin college classes on Monday.

He won’t be. He was shot, unarmed with his hands in the air, by police near his apartment on Saturday afternoon. The shooting in Ferguson, Missouri, a mostly black working-class St. Louis suburb of 20,000, has ignited outrage and skepticism of the police’s explanation for the shooting.

As Brown’s mother, Lesley McSpadden, told Steve Giegerich of the St. Louis Post Dispatch, the shooting took place as her son was walking to his grandmother’s residence.

One witness, Piaget Crenshaw, gave this account to Giegerich:

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Robin Williams

* “No person, no matter how high, is above the law.” It would seem Chief Judge John Roberts is unfamiliar with many of the attorneys we write about on a daily basis. [Associated Press]

* Considering many Americans can’t name a single justice, whether the high court issues 9-0 or 5-4 opinions likely matters little, but Cass Sunstein has a study on it. [New York Times]

* Judge Mark Fuller (M.D. AL) spent a night in jail this weekend after an alleged domestic violence incident with his wife. He paid $5,000 bond before he was released. Uhh… Roll Tide? [CNN]

* The ABA moved forward with reforms to help students gain clinical and distance-learning opportunities. Alas, being paid for work was too controversial this time. [National Law Journal]

* A woman who was trapped inside a law firm as a gunman opened fire before killing himself is now suing everyone for damages. You’d probably sue, too — it must’ve been terrifying. [Times-Picayune]

* Robin Williams, the beloved actor who recently played a very disgruntled lawyer, RIP. [ABC News]

Dan Markel

More than a week has passed since our last report on the investigation into the killing of Professor Dan Markel, and there has been disturbingly little progress — or at least publicly disclosed progress — in the inquiry. No arrests have been made, and no suspects have been identified.

But we have do have a few small updates, which we will share with you now. One of them is quite disturbing….

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Professor Cheryl Hanna

Last week, we noted the passing of Cheryl Hanna, a prominent professor at Vermont Law School who was an inspiration to her students and a regular legal-affairs commentator in the media. Her death was something of a mystery at the time; she was just 48 years old, and no cause of death was given.

The state medical examiner’s office has completed its investigation. We now have additional information about Professor Hanna’s passing — but that information raises a new question.

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Image via Getty

* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]

* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]

* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]

* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]

* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]

* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]

* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]

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