* Hillary Clinton’s email practices while Secretary of State “not acceptable.” She promises not to do it while she’s in the White House. [Politico]
* Going to school in the Midwest? Here’s a ranking of the 42 Midwest law schools based on employment after graduation. [ChicagoInno]
* The defendant who assaulted his lawyer — while on trial for assaulting his previous lawyer — is relieved after the court declared a mistrial. [ABA Journal]
* Whether you dress up or dress down, remember to talk to people like people if you want to be a good lawyer. [Katz Justice]
* Which occupation suffers from the most drug use/abuse? It’s not lawyers!!!! [Treatment4Addiction]
* ATL regulars Jeena Cho and Keith Lee discuss the aftermath of her recent article in this publication and along with it “professionalism in law, constructive vs. destructive criticism, sexism and racism in law.” [The Anxious Lawyer / Resilient Lawyer Podcast]
* Authorities have cleared the robot built specifically to buy illegal stuff off the dark web. In related news, officer, all that panda meat was bought by my robot… for an art project. [Hopes and Fears]
* Laurence Tribe’s arguments are getting closer and closer to Homer Simpson’s. [Lawyers, Guns & Money]
* In case you weren’t counting, there’ve been 95 Senate roll call votes while Loretta Lynch has been waiting… [People For The American Way]
* Lawyer suspended for handing out ecstasy to drug women into sex. I don’t disagree with the outcome, but there’s one pretty troubling aspect of the opinion: “The OLR noted… that his victim was much younger.” She was 22! At a certain point can we just admit women are adults? Focus on the drugging predatory behavior instead of constructing her as an addled-brained ingenue. [Legal Profession Blog]
* Daredevil’s courtroom antics evaluated by New York Judge Matthew Sciarrino. [The Legal Geeks]
* If you’re interested in the legal landscape of marijuana, here’s a cool infographic summing up where we are and how we got here. [Diego Criminal Defense]
* If you’re interested in February bar exam results from across the country, Bar Exam Stats is keeping a running tally complete with a nice map. [Bar Exam Stats]
Ms. JD’s Eighth Annual Conference on Women in Law, themed Superwomen JDs, will be held on Friday, February 19, 2016 at NYU School of Law. Ms. JD’s Annual Conference is a premiere event for women law students and young lawyers. An overview of the conference agenda and registration information is available here. Please join us!
Justice Scalia and Justice Brennan square off… again.
* It’s gettin’ hot in herre, so take off all your clothes. Nelly’s gettin’ so hot, he wanna take his clothes off — for his jailhouse strip search? The rapper was arrested in Tennessee this weekend for felony and simple possession of a potpourri of drugs on his tour bus. [CNN]
* “It usually takes much longer for a position to become so disreputable that no respectable lawyer will touch it.” If you haven’t noticed, Biglaw firms don’t want to touch the SCOTUS gay marriage arguments with a 10-foot pole. [New York Times]
* “I think we’re going to see a 10,000-lawyer law firm within five years.” In case it’s not entirely obvious by now, Dentons is trying to become the largest firm in the universe, with “no logical end” in sight to its lawyer hoarding ways. [Wall Street Journal (sub. req.)]
* “[T]his one has me bumfuzzled.” Like other legal experts, this law prof isn’t sure how to tackle Wisconsin Supreme Court Chief Justice Shirley Abrahamson’s lawsuit to preserve her power, but he does win the award for best usage of “bumfuzzled.” [Lacrosse Tribune]
* Yikes! Pennsylvania State Attorney General Kathleen Kane recently found herself embroiled in scandal after two of her offices were searched and she was ordered to explain to a three-judge panel her reasoning for firing one of her prosecutors. [Morning Call]
* We’ve seen the future and it’s drones shoving commercialism down your throats 24/7. Get ready America! [DigiDay]
* Federal judge mistaken for a maid because she’s black and everything is awful all the time. [South Florida Lawyers]
* While everyone focuses on the Supreme Court, the fight for marriage equality is still raging in the state courts. [Huffington Post]
* Yesterday marked the 45th anniversary of Attorney General Robert H. Jackson’s “The Federal Prosecutor” speech. Among many quotable admonitions against prosecutorial abuse: “While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.” Perhaps he shouldn’t have given this speech on April Fools’ Day. [John Q. Barrett]
* The New York Court of Appeals has upheld St. John’s Law’s decision to rescind the admission of a student who admitted that he’d pleaded guilty to possession because he’d been arrested for intent to distribute. But only after taking three semesters worth of his money of course. [Legal Profession Blog]
* A law professor invites colleagues to break the mold of legal scholarship to build a “more authentic ethos.” In entirely related news, congratulations on tenure. [TaxProf Blog]
Cocaine’s a hell of a drug, eh judge?
* A Connecticut attorney was cited for dropping two ounces of weed on a courtroom floor, and he blames it on his client’s son. They were apparently going to stage an embarrassing intervention, but it was the attorney who wound up being embarrassed. [Hartford Courant]
* While Charleston School of Law bides its time and attempts to resist a buyout from the InfiLaw System, the school has offered many of its existing faculty members buyouts. We’ll have more on this interesting development later today. [Charleston Post & Courier]
* Pace Law is going to slash its tuition for incoming students with qualifying GPAs and LSAT scores to match the tuition of the in-state public law school of the student’s home state. Sorry, folks, but this tuition “fire sale” is only for new students. [WSJ Law Blog]
* Hiscock & Barclay is “dating,” “not engaged,” and “not even close to to getting married” to Damon Morey. There may not be “anything close to official,” but this seems like the very hesitant precursor to an arranged marriage, if I do say so myself. [Buffalo Law Journal]
* Per a recent study, the closer your law firm is to your law school, the more likely it is that you’ll make partner. In fact, it doesn’t even matter if you went to an elite law school — you’re still more likely to make partner if your alma mater is nearby. [New York Times]
* Appalachian Law may be a “fourth tier” school, it may be much smaller than it once was, and it may have lowered its admissions standards, but you better believe the little law school that could is going to be just fine. Don’t stop believin’, Appalachian! [WCYB]
* Mitt Romney is going to fight Evander Holyfield. Man, Romney has been beaten by a black guy like that since 2012. Oooh, also, Floyd Mayweather just found his next opponent. [CNN]
* Alabama Supreme Court Chief Justice Roy Moore’s son was arrested and charged with drug possession yesterday and then blamed the media… somehow. I blame the moral vacuum created when they took down the Ten Commandments. [Al.com]
* The long-awaited Justice Scalia play is out. It’s like Tony and Tina’s Wedding with more gun control and abortion. [WTOP]
* Professor Baude has a cute theory how the Obama administration could ignore a negative verdict in King v. Burwell. [New York Times]
* Not everyone thinks Professor Baude’s hypothetical is a serious option. [Concurring Opinions]
* Israel has blocked polling in advance of the election to prevent bandwagon voting. Professor Somin evaluates the efficacy of the plan. It probably won’t affect the outcome, but if you thought Republicans threw a hissy-fit over the polls in 2008 and 2012, wait until a candidate they really care about loses. [The Volokh Conspiracy / Washington Post]
* A nice little maxim (get it?) for the trial lawyer looking to hone their craft. Of course, if you show them a glint of broken glass in the first act, it better be the murder weapon in the second act. [What About Clients?]
* Speaking of second acts, this profile of former Skadden partner Harriet Posner discusses life after Biglaw. [A Lawyer’s Life]
* When the judge starts quoting Monty Python, it means he hates you. [Lowering the Bar]
* When a tax official died at the office, it took his co-workers two days to notice. To paraphrase Roger Sterling, “he died as he lived: surrounded by people who didn’t pay attention to him.” [TaxProf Blog]
* What makes a client want to hire a particular lawyer? Is it Throwback Thursday pics of the lawyers as kids? No? These lawyers think it is. [Legal Cheek]
* The “stop hitting yourself theory of statutory interpretation” is my new favorite canon. [Lawyers, Guns & Money]
* Radio Shack is going under, which is the perfect time to ask: what if it was a HYDRA front all along? [The Legal Geeks]
* If America wants to incarcerate fewer people, it needs to take a hard look at what it plans to do with violent offenders, because they’re a bigger part of the prison system than most realize. [PrawfsBlawg]
* Today would be Jack Kerouac’s 93rd birthday. In case you wanted to imagine a life unchained from your desk, you should read some of his stuff. [What About Clients?]
Most everyone knows what an elevator speech is: it’s a short, pithy, memorable description of a company’s services. Lawyers have always built their reputations on their expertise, such that the creation of an elevator pitch should be one of the easiest things for an attorney to do; however, many lawyers still stumble over the basic question: “What do you do?”
There’s a lot of anger over HOW she was arrested, but there should be a lot more concern over WHY she was arrested at all.
The opportunities for Native American Tribes in the cannabis industry are vast, and many tribes will immensely benefit from cannabis while others will opt out entirely.
Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.
* The news is in, and it seems that Davis Polk’s financial numbers were at record highs. The firm’s revenue beat the $1 billion mark for the first time ever, and its PPP rose to $3.29 million. No wonder its 2014 bonuses were so awesome! [Am Law Daily]
* Yes, we know that William Mitchell Law and Hamline Law are merging to survive as a result of a quickly disappearing applicant pool. We’d really love to know how many other law schools are considering this as an alternative to closing their doors. [Star Tribune]
* How are Nebraska and Oklahoma, which neighbor Colorado, where marijuana has been legalized, handling the situation? Not well. Their AGs want SCOTUS to rule the weed law in the state where you can get Rocky Mountain High is unconstitutional. [PBS NewsHour]
* Thanks to a recent ABA rule change, schools are beginning to admit students without LSAT scores. One of those schools is Iowa Law (ranked in the top 30 by U.S. News), but those students need to have done really well on other standardized tests. [Daily Iowan]
* “How have I done as a judge today?” “Not bad, but you could do better.” Judge John Hurley had a run-in with an 80-year-old criminal defendant who wouldn’t stop calling him sweetheart. Flip to the next page to see the entertaining video. [NBC 6 South Florida]
As marijuana businesses seek to capture as many deductible expenses as they can, they run the real risk of the IRS disagreeing and finding themselves audited or hit with a penalty.
* Lindsay Lohan and her mom are suing Fox News with claims the TV network defamed them by saying “Lindsay Lohan’s mom is doing cocaine with her.” Legal experts are of the opinion the Lohans must be doing lines if they think they’ll win. [U.S. News & World Report]
* A prospective juror in the Colorado movie theater massacre case was released after telling a judge she brought her unvaccinated grandchild to court and ripping her hair out. Well, that’s one way to get out of jury duty. [Aurora Sentinel]
* Justice Elena Kagan says that if she hadn’t left her Harvard Law deanship to become solicitor general, she “[doesn’t] think [she] would be doing law, quite honestly.” The Supreme jurist says that “[i]t shows you how weird life can be.” [Supreme Court Brief]
* Lawyers in New York are worried that if the state adopts the Uniform Bar Exam, the “gold standard” of having passed the tougher version of the New York exam will be devalued. Aww, sorry about your butthurt. Get well soon. [New York Law Journal]
* Fresh off an 18-month tour of racking up insider trading convictions as a federal prosecutor in the Southern District of New York, Richard Tarlowe will join Paul Weiss to focus on white-collar criminal defense. Best of luck. [DealBook / New York Times]
What can landlords and tenants do to prevent asset forfeiture or federal intervention altogether?
Disturbing allegations of assaults at a law school.
The criminal trial began with a surprising admission… and then took off from there.