Eugene Volokh

Grind up some brilliant legal theories, spice liberally with Bluebook-compliant citations, and voilà — law review articles!

Have you ever wondered how the law review sausage factory works? Perhaps you’re a law professor or practitioner who regularly submits pieces to law journals for possible publication. If you are, and if you’d like to know more about how the process works — or, more to the point, what law review editors say about you behind your back — you’ve come to the right place.

Thanks to the wonders of technology, collaborating with far-flung colleagues has never been easier. Here at Above the Law, for example, your four full-time editors — myself, Elie, Staci, and Chris — keep in touch throughout the day using Gchat.

But what if, due to inadequate security, your organization’s internal deliberations were accessible to the public? And, in some cases, even crawled by search engines?

What if you were, say, law students at a highly ranked law school, where you served as editors of a high-profile law review? And what if your, er, candid and colorful comments about the articles pending before you were to become publicly available?

What then? Let’s find out….

double red triangle arrows Continue reading “A Look Inside the Law Review Sausage Factory — and Possible Evidence of Bias Against Conservatives”

* “Kanye West, Kelly Clarkson, and Nietzsche (figuratively) walk into the Seventh Circuit Court of Appeals. Hilarity ensues.” [FindLaw]

* The EPA gets benchslapped by the D.C. Circuit. [Instapundit]

* What can law firms learn from… the Cheesecake Factory? Besides how to make people fat; Biglaw’s already great at that. [Adam Smith, Esq.]

* If you enjoy gambling or legal hypotheticals, check this out. [Legal Blog Watch]

* Professor Eugene Volokh examines the tricky tension between constitutionally protected speech and laws against blackmail. [Volokh Conspiracy]

Professor Ann Althouse

* Professor Howard Wasserman grades Representative Todd Akin’s apology for his “legitimate rape” remarks — and gives the congressman partial credit for “owning” it. [PrawfsBlawg]

* Meanwhile, Professor Ann Althouse wonders: “Would the Democrats oust one of their own because he said one thing wrong?” [Althouse]

* Don’t forget: tonight is the nomination deadline for our Lawyerly Lairs contest for the best law firm offices in America. [Above the Law]

* Our commenting platform, Disqus, is having issues — which may explain why comments are mysteriously disappearing from the site. We apologize for the problem, which we are investigating. [Disqus]

A large portion of the strenuous life of bloggers consists of cruising various news sites, looking for some tidbit ridiculous interesting enough to merit a couple hundred words. You do this long enough, and you wind up getting picky pretty quickly. So, last night, when I clicked over to Wired, it was surprising in and of itself that when I saw the following story I literally stared at the screen, slack jawed, for close to a minute.

That’s how ridiculous this proposed legislation coming out of New York is. The only thing I can say is that if this bill somehow managed to become law, the Above the Law commentariat would not be happy at all…

double red triangle arrows Continue reading “New York Lawmakers Want to Ban Anonymous Commenting. I Wish I Were Kidding.”

Keith Olbermann

* Professor Eugene Volokh wonders if Justice Sonia Sotomayor is truly the first disabled justice. [Volokh Conspiracy]

* Speaking of SCOTUS, should President Obama turn it into a campaign issue? First Amendment lawyer Marvin Ammori thinks so. [The Atlantic]

* We recently mentioned Keith Olbermann’s lawsuit against his former employer, Current TV. Now Current is turning the tables with a countersuit. [Thomson Reuters News & Insight]

* Threatening federal financial regulators: not a wise idea. Trader Vincent McCrudden learned that the hard way. [Dealbreaker]

* “Get High, Get Mauled By Bear, Get Workers’ Compensation?” [Legal Juice]

Yul Kwon: coming to a television near you.

* Adventures in trademark law — starring model, socialite, and reality TV star Olivia Palermo. [Fashionista]

* When is the best time to submit articles to law reviews? Professor Shima Baradaran is collecting data. [PrawfsBlawg]

* One of ATL’s favorite celebrities — Yale Law School grad Yul Kwon, the first Asian-American winner of Survivor (as well as a former Second Circuit clerk and McKinsey consultant) — is returning to television, hosting a new show.

What’s the show about? Find out, after the jump.

double red triangle arrows Continue reading “Non-Sequiturs: 04.09.12″

Zombie Mohammed

What can we say? Around these parts, we enjoy talking about zombies. Zombies that usher in the apocalypse. Zombies that can do document review. Even zombie law firms.

So let’s discuss what everyone else is discussing: the “Zombie Mohammed” case. Earlier this month, Judge Mark W. Martin dismissed a harassment charge against Talaag Elbayomy, a Muslim man who allegedly attacked Ernie Perce, an atheist who was dressed up as “Zombie Muhammad.” The incident took place during last year’s Halloween parade in Mechanicsburg, Pennsylvania.

Since news of the ruling became public, things have gone crazy. Let’s discuss, and take an opinion poll….

double red triangle arrows Continue reading “The ‘Zombie Mohammed’ Judge: Let’s Discuss”

Where would lawyers be without open (and absurdly expensive) access to Westlaw and Lexis-Nexis for legal research? They’d have to trudge down to the closest law library and read real books made of paper. They’d have to head over to the courthouse and pull actual files with non-electronic documents inside of them. In a time where legal texts are used solely for decorative bookshelf purposes, that is just too much to ask.

But that is the behavior that two lawyers would expect of their professional colleagues. As we mentioned in Morning Docket, they claim that the legal database providers have been engaging in “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorneys and law firms who authored them.”

Do they have any chance of winning their class action copyright suit?

double red triangle arrows Continue reading “Lawyers Sue Westlaw, Lexis-Nexis for Copyright Infringement”

Chris Christie has an idea for Warren Buffett.

* How can you tout your achievements in a cover letter without sounding like a tool? Here are some pointers from Professor Eugene Volokh. [Volokh Conspiracy]

* The “unbundling” of legal services is a big buzzword when talking about the direction of the profession. But Jordan Furlong has a question: should lawyers and law firms start thinking about “rebundling”? [Law21.ca]

* Benchslap of the day earlier this month: the Fourth Circuit smacks around some saucy AUSAs. [Legal Blog Watch]

* “[P]ublic drunkenness is not illegal in NYC.” (Elie will be glad to hear this.) [Gothamist]

* How will SCOTUS rule on the Stolen Valor Act? Mike Sacks reads the oral argument tea leaves. [Huffington Post]

* Chris Christie to Warren Buffett: if you want to pay more in taxes, “just write a check and shut up.” [Dealbreaker]

* A Harvard Law School student, Matthew Schoenfeld, stands up for a good cause. [Harvard Law School News]

[T]his might be a helpful alert to lawyers who are hiring someone to try to promote their sites: It’s possible that the promotion might consist of behavior that is par for the course for purported penis enlargement products, but not really in keeping with the sort of reputation that lawyers generally seek to cultivate.

– Professor Eugene Volokh, issuing a warning to lawyers that hire outside companies to promote their law firm websites using spam blog comments.

Welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of legal writing and English grammar and usage over to our readers for discussion and debate.

Last week, we found out that 75% of our readers thought using the word “like” to introduce a quotation would like, make the speaker sound like a Valley girl, despite its apparent linguistic usefulness.

This week, thanks to popular demand from our readers, we’ll be turning to a contested issue among lawyers. What is the preferred past tense form for the verb pleadpleaded or pled?

double red triangle arrows Continue reading “Grammer Pole of the Weak: Pleaded v. Pled”

In last week’s Grammer Pole, 60 percent of you supported forming the singular possessive of a noun ending in “s” by adding an apostrophe followed by an additional “s” — e.g., “Kansas’s statute” rather than “Kansas’ statute.” In this debate, you sided with Justice Souter over Justice Thomas (based on their dueling approaches in Kansas v. Marsh).

Today we call upon you to choose between nationalities instead of Supreme Court justices. When it comes to the placement of punctuation marks in relation to quotation marks, do you favor the British approach or the American approach?

Let’s review the differences….

double red triangle arrows Continue reading “Grammer Pole of the Weak: Punctuation and Quotation Marks”

Page 2 of 3123