Election Law

  • Supreme Court SCOTUS photo by David Lat

    Animal Law, Antonin Scalia, Biglaw, Federal Government, Federal Judges, Judicial Nominations, Lateral Moves, Law Firm Mergers, Morning Docket, Partner Issues, Pets, SCOTUS, Supreme Court, Trials

    Morning Docket: 10.08.13

    * Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]

    * The government shutdown is slowing down the judicial confirmation process, already famous for its speed and efficiency. [The BLT: The Blog of Legal Times]

    * More about news for Steven Donziger in his long-running battle with Chevron. Maybe it’s time to surrender, Steve? I hear Ecuador is a great place to retire. [New York Law Journal]

    * Law firm merger mania continues, as Carlton Fields combines with Jorden Burt. [Carlton Fields (press release)]

    * Herbert Smith Freehills says “you’re hired” to Scott Balber, the lawyer for Donald Trump who got mocked by Bill Maher on national television. [The Lawyer]

    * You might see your dog as harmless and cuddly, but the law might see your dog as a weapon (and rightfully so, in my opinion). [New York Times via ABA Journal]

    * Congratulations to all the winners of the FT’s Innovative Lawyers awards. [Financial Times]

    * And congratulations to Heidi Wendel and Deirdre McEvoy, high-ranking government lawyers headed to Jones Day and Patterson Belknap, respectively. [New York Law Journal]

    * Today the Supreme Court will hear argument in McCutcheon v. FEC, a major campaign finance case that some are calling “the next Citizens United.” Check out an interview with one of the lawyers behind it, after the jump. [UCTV]

    Marty Lasden of California Lawyer magazine interviewed the severely conservative James Bopp Jr. for the “Legally Speaking” series (in which I previously participated). It appears this interview with Bopp took place before Bopp got bumped from the podium in favor of Erin Murphy, a young superstar of the Supreme Court bar.

    8 Comments / / Oct 8, 2013 at 9:18 AM
  • Supreme Court SCOTUS photo by David Lat

    Fabulosity, Paul Clement, Politics, SCOTUS, Supreme Court, Supreme Court Clerks

    A Young Superstar Makes Her Supreme Court Debut

    Which legal eagle is making her first solo flight before SCOTUS?

    9 Comments / / Sep 27, 2013 at 11:43 AM
  • 220px-Zimmerman,_George_-_Seminole_County_Mug

    Clerkships, Election Law, Gay, Guns / Firearms, Non-Sequiturs

    Non-Sequiturs: 09.11.13

    * Dr. Shiping Bao, the medical examiner in the Zimmerman trial, claims that Florida state prosecutors were biased against Trayvon Martin and purposely threw the case and now he’s suing. While it’s hard to believe a prosecution could be that bad absent purposeful mismanagement, Bao’s allegations conveniently surfaced right after he was fired. [News One]

    * An explanation of what happened in the Colorado recalls last night. Basically, David Kopel argues that it was a victory for the Second Amendment and the Fourteenth Amendment. It was also a victory for the idea that “democracy” should be replaced by “scheduling off-elections to minimize the representative sample of the voting populace.” Yay! [The Volokh Conspiracy]

    * Maybe law clerks shouldn’t answer the phone. [Judicial Clerk Review]

    * Horn-honking is “small town terrorism,” says man who probably didn’t look at a calendar when filing his lawsuit. [ABA Journal]

    * “Every landlord’s worst nightmare” showing an epically trashed home is making the rounds. Is it a warrant for making it easier for landlords to bully all poor tenants? [Overlawyered]

    * Continuing from above, the answer is “no” because this Hamptons rental story demonstrates that the ability to trash an apartment has nothing to do with your account balance. [Jezebel]

    * Congrats to Jane Genova of Law and More on her personal blog being named one of the top online resources for public speaking. [Masters in Communication]

    * Tomorrow at 2 p.m., Towleroad will be webcasting the first-ever ENDA Situation Room at New York Law School, discussing the Employment Non-Discrimination Act (ENDA). [Towleroad]

    4 Comments / / Sep 11, 2013 at 5:01 PM
  • Election primary RF

    Election Law, Politics

    3 Things Lawyers Can Learn From Yesterday’s Primaries

    If you’re a lawyer with designs on political power, here’s what you should’ve learned from yesterday’s elections.

    9 Comments / / Sep 11, 2013 at 1:20 PM
  • She's basically Boss Tweed in Tuscaloosa.

    Election Law, Food, Football, Free Speech, Non-Sequiturs, United Kingdom / Great Britain

    Non-Sequiturs: 08.30.13

    Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday.

    * Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com]

    * A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog]

    * The NFL looks to London. Tax laws are one of many obstacles. [Grantland]

    * From partner to delivery boy. But hey, definitely go to law school kids! [St. Louis Post-Dispatch]

    * A thorough look at the legality of the pending Syria strike. Obama administration addresses these grave concerns with the phrase, “Talk to the hand.” [Foreign Affairs]

    8 Comments / / Aug 30, 2013 at 12:31 PM
  • patton boggs logo

    3rd Circuit, Biglaw, Cellphones, Crime, Deaths, Department of Justice, Election Law, Eric Holder, General Counsel, In-House Counsel, Microsoft, Morning Docket, New Jersey, Partner Issues, Patton Boggs, Texas

    Morning Docket: 08.23.13

    * Even the election law controversies are bigger in Texas. The Department of Justice is currently planning to intervene in one lawsuit and file another against the Lone Star state over its voter identification law and redistricting plans. [National Law Journal]

    * Here’s an especially helpful ruling for people who have been living their lives without landlines (so, basically everyone). You can gratefully thank the Third Circuit for allowing you to block those annoying robocalls on your cellphones. [Legal Intelligencer]

    * Well, that was quick — a Biglaw pump and dump, if you will. After only a year, David M. Bernick, former general counsel of Philip Morris, is leaving Boies Schiller and will likely be taking a position at Dechert. [DealBook / New York Times]

    * “[L]ife got in the way.” Who really needs loyalty in Biglaw these days? More than half of the nearly 500 associates and counsel who made partner in 2013 started their careers at different firms. [Am Law Daily]

    * Another one bites the dust. John McGahren, the New Jersey managing partner of Patton Boggs, just resigned from an office he opened himself after some major attorney downsizing. [New Jersey Law Journal]

    * “In a community of 98,000 people and 640,000 partners, it isn’t possible to say there will never be wrongdoing.” Comforting. Microsoft is under the microscope of a federal bribery probe. [Corporate Counsel]

    * Ronald Motley, a “charismatic master of the courtroom” who founded Motley Rice, RIP. [WSJ Law Blog]

    5 Comments / / Aug 23, 2013 at 9:06 AM
  • Airlines Hit Hard By SARS, War And Weak Economy

    Antitrust, Constitutional Law, Election Law, Free Speech, Politics, Religion, Texas, Videos

    Laws Make Strange Bedfellows

    Antitrust, Sharia law, voter suppression, it’s a legal potpourri…

    16 Comments / / Aug 16, 2013 at 5:11 PM
  • Howard Dean

    5th Circuit, American Bar Association / ABA, Biglaw, Cellphones, Constitutional Law, Election Law, Eric Holder, Gay Marriage, Headhunters / Recruiters, Health Care / Medicine, Law Schools, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 07.31.13

    * Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]

    * The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]

    * The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]

    * Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]

    * The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]

    * Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

    17 Comments / / Jul 31, 2013 at 9:15 AM
  • O.J._Simpson_1990_·_DN-ST-91-03444_crop

    9th Circuit, Antitrust, Biglaw, Bloomberg, Election Law, Eric Holder, Food, Gambling, Gambling / Gaming, Non-Sequiturs, O.J. Simpson, Women's Issues

    Non-Sequiturs: 07.25.13

    * This afternoon, O.J. Simpson pleaded with the parole board in Nevada. For now, the Juice is still on ice. [USA Today]

    * Four South Korean firms allegedly fixed the price of ramen noodles for over a decade. You mean that s**t can be cheaper? [Courthouse News Service]

    * Do you want to make sure the NSA can’t read your email? Join the NSA! [Lowering the Bar]

    * Eric Holder is going forward with efforts to halt the new Texas voting requirements pursuant to the bail-in procedure. But how will he ever prove a substantial history of constitutional violations in Texas? [The Volokh Conspiracy]

    * The Ninth Circuit has affirmed Judge Dolly Gee’s earlier denial of Fox’s request for a preliminary injunction against Dish Network over its special, ad-skipping DVR. It’s a testament to how much power the networks have thrown around that this is treated like an amazing new technology — I bought an ad-skipping DVR from ReplayTV in 2001. [The Verge]

    * Chicagoland preacher facing federal fraud charges announces: “Because of Judge Sharon Coleman’s continual mocking of God’s ecclesiastical order and the sanctity of family/marriage, the wrath of God almighty shall soon visit her home.” Federal authorities were not amused. [Chicago Tribune]

    * A NJ state judge declares that Atlantic City casinos can control the weight of its waitresses. Because overweight waitresses are the reason no one goes to Atlantic City anymore. [My Fox NY]

    * Noam Scheiber of The New Republic interviewed about his article The Last Days of Big Law, as discussed here. Video after the jump… [Bloomberg Law via YouTube]

    1 Comment / / Jul 25, 2013 at 5:25 PM
  • NCAA_logo.svg

    Barack Obama, Basketball, Constitutional Law, Election Law, Football, Google / Search Engines, Non-Sequiturs, Politics, SCOTUS, Sports, Supreme Court, Video games

    Non-Sequiturs: 07.09.13

    * Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]

    * More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]

    * The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]

    * What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]

    * Mayer Brown reports that Mexican leaders are lining up behind energy sector reform. [Breaking Energy]

    * Ever wonder about the extent of Internet censorship around the world? Here’s a handy chart showing how Google is censored in various countries around the world. [io9]

    * Obama caves to Republican requests to suspend law. Republicans label Obama tyrannical for suspending that law. Bravo. [Wall Street Journal]

    3 Comments / / Jul 9, 2013 at 5:45 PM
  • A jabot is great for catching drool.

    Barack Obama, Federal Judges, Law Schools, Layoffs, Morning Docket, Murder, Old People, Politics, Privacy, Prostitution, Ruth Bader Ginsburg, Trials

    Morning Docket: 07.08.13

    * No, silly, Ruth Bader Ginsburg isn’t “too old” to be a Supreme Court justice. So what if she uses the SOTU address as her personal naptime? She’s brilliant, and everyone loves her. [Los Angeles Times]

    * “Justice delayed due to overworked judges can … mean justice denied,” and Obama’s got a lot of work ahead of him due to a “uniquely high” amount of judicial vacancies on his watch. [National Law Journal]

    * After the SCOTUS ruling on the Voting Rights Act, Southern states have rushed to push out voter ID laws. But isn’t that discriminatory? “Not true, not true,” as Justice Alito would say. [New York Times]

    * It turns out the Foreign Intelligence Surveillance Court’s redefinition of the word “relevant” is what has allowed the NSA to collect anything and everything. Say au revoir to privacy! [Wall Street Journal (sub. req.)]

    * Layoffs: they aren’t just for Biglaw firms anymore! McGeorge Law School is downsizing its staff and student ranks due to an “unprecedented drop” in applications. Another one bites the dust; which law school will be next? [Sacramento Bee]

    * Client 9, aka Eliot Spitzer, announced his candidacy for NYC comptroller. He’ll run against Kristen Davis, the woman who once set him up with escorts. That’ll be an awkward debate. [New York Times]

    * As the prosecution rests its case and the defense’s acquittal motion is denied, a nation is left wondering whose voice it was on that 911 recording — Trayvon Martin’s or George Zimmerman’s? [CNN]

    9 Comments / / Jul 8, 2013 at 9:07 AM
  • marriage equality

    9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court

    Morning Docket: 07.01.13

    * Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]

    * The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]

    * Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]

    * In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]

    * On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]

    * Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]

    * Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]

    * Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]

    * Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]

    * Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

    9 Comments / / Jul 1, 2013 at 9:08 AM
  • So I says to Mabel, I says, "how do I avoid the Rule Against Perpetuities?"

    Department of Justice, Election Law, John Roberts, Labor / Employment, Non-Sequiturs, SCOTUS, Supreme Court, UVA Law

    Non-Sequiturs: 06.28.13

    * Half-Law office, Half-Barbershop. That makes sense, I’ve seen some haircuts that should be crimes. We hear they even have a $5 haircut special called “The Misdemeanor.” [New Britain Herald]

    * The editors of Ramblings on Appeal give their takes on Shelby County. Rarely has truer legal analysis been offered than characterizing Roberts’s decision as, “Oh and I have five people on my side, you only have four, so take that.” [Ramblings on Appeal]

    * UVA law professor Chris Sprigman has co-authored an op-ed calling out the NSA. Oh, that guy’s phone is getting tapped. [New York Times]

    * The Expert Institute continues to draw from popular culture to coach expert testimony. This time it’s Game of Thrones. It’s a handy set of lessons, but “Never Trust a Frey” deserved mention. [The Expert Institute]

    * The Justice Department is bringing on unpaid attorneys because slave labor is awesome and unpaid internships are never elitist and discriminatory. [Pro Publica]

    * On that note, Bar President calls for an end to unpaid 3L internships. Video after the jump…

    5 Comments / / Jun 28, 2013 at 5:12 PM
  • Supreme Court portrait 2013

  • Wendy Davis

    Abortion, American Bar Association / ABA, Antonin Scalia, Bar Exams, Biglaw, Cars, Celebrities, Election Law, Gay, Gay Marriage, Law Schools, Layoffs, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues

    Morning Docket: 06.26.13

    * “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]

    * On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]

    * Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]

    * Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]

    * “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]

    * Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]

    * This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]

    * Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]

    * Breaking news, Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]

    8 Comments / / Jun 26, 2013 at 9:17 AM
  • Supreme Court SCOTUS photo by David Lat

  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Election Law, John Roberts, Minority Issues, Politics, Racism, SCOTUS, Supreme Court

    Supreme Court Rules That Section 4 of the Voting Rights Act Is Unconstitutional

    Section 4 of the Voting Rights Act has been struck down. Is there anything left?

    128 Comments / / Jun 25, 2013 at 10:45 AM
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