Edward Snowden
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Cellphones, Constitutional Law, Politics, Privacy, SCOTUS, Supreme Court, Technology
NSA Surveillance In 2013: The Year Of Vindicated Political Paranoia
What is the real tragedy of 2013’s mass surveillance revelations? Some thoughts from conservative columnist Tamara Tabo. -
2nd Circuit, ACLU, California, Constitutional Law, Divorce Train Wrecks, Facebook, Federal Judges, Gay Marriage, Immigration, Morning Docket, Police, Privacy, Shira Scheindlin, Social Networking Websites, Utah
Morning Docket: 01.03.14
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
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Barack Obama, Constitutional Law, Department of Justice, Election Law, Federal Government, Federal Judges, Health Care / Medicine, Law Schools, Morning Docket, S.D.N.Y., SCOTUS, Shira Scheindlin, Sonia Sotomayor, Supreme Court
Morning Docket: 12.24.13
* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]
* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]
* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]
* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]
* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]
* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]
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Continuing Legal Education / CLE, Events, Legal Ethics, SCOTUS, Supreme Court, Thomas Goldstein
Whistleblowers And Treasonous Heroes
Some historical perspective on whistleblowers, traitors, and the rule of law. -
Advertising, Continuing Legal Education / CLE, Events, Shameless Plugs, This Is an Ad
Join ATL For Cocktails And A Look At Whistleblower Law
Join ATL for drinks and gain an appreciation for the complex ethical issues lawyers face when advising and representing whistleblowers and alleged traitors. -
Advertising, Continuing Legal Education / CLE, Events, Shameless Plugs, This Is an Ad
Join ATL For A Networking Reception And Discussion Of Whistleblowers And The Law
On September 18 at 7 p.m., ATL is hosting a free networking cocktail reception in New York. Join us! -
Advertising, Continuing Legal Education / CLE, Events, Shameless Plugs, This Is an Ad
Join ATL For A Networking Reception And Discussion Of Whistleblowers And The Law
Join ATL for cocktails and gain an appreciation for the complex ethical issues that lawyers face when advising and representing whistleblowers. -
D.C. Circuit, Department of Justice, Janice Rogers Brown, Law Schools, Non-Sequiturs, Privacy, S.D.N.Y., Technology, White-Collar Crime, Women's Issues
Non-Sequiturs: 08.26.13
* DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar] * Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times] * The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy] * The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium] * In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex] * Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More] * BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part… - Sponsored
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Whistleblowers And Traitors: Snowden, Manning, And The Rule Of Law
Come join ATL for a fascinating discussion of the legal implications of the recent leaks of government data. -
Privacy, Technology
Why It Might Be In The U.S.'s Best Interests To Grant Snowden Full Immunity
The country with the most to gain by offering asylum to Edward Snowden might just be the United States. -
Biglaw, Crime, Death Penalty, Department of Justice, Eric Holder, Federal Government, General Counsel, Google / Search Engines, In-House Counsel, Jury Duty, Law Professors, Law Schools, Money, Morning Docket, Politics, Small Law Firms, Technology, Wall Street
Morning Docket: 07.29.13
* 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]
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Intellectual Property, Law Schools, Morning Docket, Musical Chairs, Securities and Exchange Commission, Securities Law, Sex Scandals, Texas
Morning Docket: 07.24.13
* Bernard Knight Jr., general counsel of the U.S. Patent and Trademark Office, will be taking his intellectual property talents to McDermott Will & Emery as a new — and rather cute — partner. Congratulations! [Corporate Counsel]
* The Securities and Exchange Commission has charged a Texas man in a Monopoly money Bitcoin-related Ponzi scheme. Unfortunately for him, the associated jail time for the crime isn’t virtual. [Wall Street Journal (sub. req.)]
* When applying to law school, it’s wise to have a unique personal statement topic. But considering the application cycle, you could probably get away with writing “LOL” and still get into the school of your choice. [Law Admissions Lowdown / U.S. News]
* Russia has granted NSA leaker Edward Snowden a pass to leave the Moscow airport’s transit zone. Be prepared to welcome borscht into your life, and be sure to always say spasibo. [Associated Press]
* Sorry folks, but Carlos Danger, more popularly known as Anthony Weiner, won’t be pulling out of the New York City mayoral race. I, for one, would love to see his AMAs on Reddit. [New York Times]
* It looks like Aaron Hernandez shot himself in the foot when lawyering up for a civil suit where he’s accused of shooting someone in the eye. His attorney specializes in banking litigation. [USA Today]
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Law Revue, Law Revue Video Contest, Law Schools, Videos
Law Revue Winners Skewer Domestic Spying
The NSA does not want you watching this video.
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Legal AI: 3 Steps Law Firms Should Take Now
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Alan Dershowitz, International Law
Edward Snowden Stars In 'The Terminal 2: This Time For Real'
The Edward Snowden movie is going to stop looking like a spy thriller and start looking like a courtroom drama any minute now. -
Bar Exams, Biglaw, Gay, Gay Marriage, Intellectual Property, Non-Sequiturs, Patents, SCOTUS, Summer Associates, Supreme Court
Non-Sequiturs: 06.27.13
* A bleak, expressionist write-up of the bar exam experience. If you ever wondered what the subject of The Scream was doing right beforehand, it was apparently “taking the bar exam.” [Law of the Dead] * The traditional summer associate program model needs restructuring. Are you suggesting four-hour lunches are passé? Because… shame, sir, shame. [SSRN] * The sequester is slowing down the patent office. So now the irate patent attorney has something else to blame for not getting his client’s application approved. [Patently O] * As our tipster put it, this may be a statement against interest: Snowden once declared that traitors should be “shot in the balls.” [NY Post] * A breakdown of unconstitutional animus in U.S. v. Windsor. If the author could figure out Justice Kennedy’s train of thought all the way through, kudos! [Associate's Mind] * If you’re ever planning a graduation party, just don’t do this. [Legal Juice] * Examining the misappropriation of trade secrets on Earth-616, and whatever Earth the DC people are in these days. I gave up on them two Crises ago. [Law and the Multiverse] * Federal prosecutors may go after Long Island Power Authority for their poor response to Hurricane Sandy. [Breaking Energy] * And this recap of the Hollingsworth opinion concludes with a GIF that is sure to warm the hearts of many an ATL commenter. [Eff Yeah SCOTUS] -
Alex Kozinski, Clarence Thomas, Guns / Firearms, Law Reviews, Law Schools, Non-Sequiturs, Religion, SCOTUS, Supreme Court, Videos
Non-Sequiturs: 06.25.13
* A company is selling pork-laced bullets to “keep Islamics from going to Heaven.” Ever since Denny’s, they’re putting bacon in everything… [CBS Seattle] * Justice Thomas is really terrible. This is probably why #UncleThomas is trending on Twitter. [Jezebel] * A feminist critique of law reviews based on the Russell Crowe film, Gladiator. This sounds intriguing. [TaxProf Blog] * If you wanted to know how the judge decided the audio expert issue in the Zimmerman trial, we’ve got you covered. If you wanted to know when attorney Don West will compile his collection of Greatest Opening Statement Jokes, we have no idea. [The Expert Institute] * TNT has a new show dropping teams in Tasmania and forcing them to endure… a knockoff of The Amazing Race and Survivor. But an L.A.-based attorney is on this Friday trying to win $100,000, or what we used to call “a year-end bonus.” [TNT Newsroom] * Ken White breaks down all the charges against Edward Snowden. To avoid these charges, Snowden is holed up in the transit zone of the Moscow airport, which I hear has a really terrible TGI Friday’s where Snowden will get to eat for the indefinite future. [Popehat] * Anonymous Partner isn’t the only one with advice for summer associates. Here are tips from Grover Cleveland, author of Swimming Lessons for Baby Sharks (affiliate link), and Katherine Larkin-Wong, president of Ms. JD. [The Careerist] * Chief Judge Alex Kozinski and Professor Nicholas Quinn Rosenkranz debate an upcoming Supreme Court case, Bond v. United States, concerning the treaty power. [Cato Institute] -
Biglaw, Department of Justice, Free Speech, Law Schools, Media and Journalism, Money, Morning Docket, NALP, National Association for Law Placement (NALP), SCOTUS, Social Media, Social Networking Websites, Supreme Court, Technology
Morning Docket: 06.24.13
* With a sharp focus on the Supreme Court and the legal definition of equality, only one thing’s for sure with respect to this week’s anticipated rulings: at least one group of people is probably going to get screwed. [New York Times]
* And lest we forget, thanks to our society’s near slavish obsession with social media and knowledge on demand, we’ll salivate uncontrollably as we wait for those opinions while the justices blissfully ignore new technology. [New York Times]
* The Justice Department charged NSA leaker Edward Snowden with espionage, and now he’s pursuing political asylum in Ecuador with the assistance of legal counsel representing WikiLeaks. [NBC News]
* Biglaw firms are trying to strengthen their pricing power in a post-recession world, with average rate increases of 4.8% in 2012, and hourly rates soaring in New York City. [Wall Street Journal (sub. req.)]
* There were some bright spots in the otherwise dismal NALP job numbers for the class of 2012. Biglaw hiring is up, and so are median starting salaries. Sallie Mae is pleased as punch. [National Law Journal]
* If you’re considering law school, ask yourself these questions before applying. You should also ask yourself if you’re cool with unemployment. [Law Admissions Lowdown / U.S. News & World Report]
* Richard Trenk, author of the “ham-fisted” cease-and-desist letter that’s been read around the world, has been honored as the New Jersey Star-Ledger’s “Knucklehead of the Week.” Congrats! [Star-Ledger]
* There’s no solace for people who have had to pay to have their mug shot “depublished” from the internet. Sorry, the First Amendment allows people to turn a profit off your misery. [Washington Post]
* This lawsuit over unpaid internships filed against Gawker will sting any gossip girl’s heart to the core. But really, isn’t the privilege of working for Gawker enough? This fangirl thinks so. [New York Post]
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Attorney Misconduct, Barack Obama, Biglaw, Crime, Election Law, FTC, Guantanamo Bay, Immigration, Lateral Moves, Law Firm Mergers, Law Schools, Legal Ethics, Minority Issues, Morning Docket, SCOTUS, Supreme Court
Morning Docket: 06.18.13
* Just like he said in 2008, President Barack Obama says that he’s going to close Guantanamo Bay, and this time, he means it. No, really, he appointed a Skadden partner to handle it, so we know he means business now. [Blog of Legal Times]
* The Supreme Court just invalidated Arizona’s proof-of-citizenship voter registration law, so of course Ted Cruz wants to add an amendment to the Senate immigration reform bill to require citizenship to vote because, well… duh. [Politico]
* According to a Pew Research survey, a majority of Americans think Edward Snowden should be prosecuted for his NSA leaks. It’s also likely that same majority don’t even know what Edward Snowden leaked. [USA Today]
* It looks like Jon Leibowitz, the FTC’s ex-chairman, got some great birthday presents this week. Davis Polk partnership and a SCOTUS victory aren’t too shabby. [DealBook / New York Times]
* They don’t give a damn ’bout their bad reputation: malpractice claims filed against attorneys and firms were up in 2012, and some say mergers and laterals are to blame. [WSJ Law Blog (sub. req.)]
* If you’re worried about your low GPA when applying to law school, you haven’t been reading the news. You’ll get in everywhere you apply. [Law Admissions Lowdown / U.S. News & World Report]
* ¡Ay dios mío! The Hispanic National Bar Association is hoping that a week spent in law school will inspire minority high school students to become lawyers in the distant future. [National Law Journal]
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Affirmative Action, Federal Judges, Judicial Nominations, Morning Docket, SCOTUS, Supreme Court, Women's Issues
Morning Docket: 06.13.13
* Edward Snowden is still in Hong Kong. [Los Angeles Times]
* Obama is a fan of the ladies. [The Blog of the Legal Times]
* Well, if you don’t like what the Supreme Court is doing, you can still sit outside First Street and protest. I doubt it’ll have any effect whatsoever, but knock yourselves out. [National Law Journal]
* Speaking of the Supreme Court, things are still harder for minority law students. Not that such pesky things like facts should stop Chief Justice Roberts from feeling confident about telling us how to end racial discrimination in our time. [National Law Journal]
* As if the curse of Superman wasn’t bad enough, now he needs a lawyer. [Bloomberg Businessweek]
* Lionel Messi is as creative with his tax bill as he is on the pitch. [QZ]
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Department of Justice, International Law
Where Can Edward Snowden Go To Stay Above the Law?
If the government isn't going to be accountable to the Fourth Amendment, it's going to end up being accountable to guys like Edward Snowden.