Federal Government
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White-Collar Crime
Should Judges Interpret the Law?
Judge Rakoff suggests that administrative actions not only tilt the outcome further toward the government, they make bad law. -
Morning Docket
Morning Docket: 07.01.15
* Ben Affleck and Jennifer Garner are getting divorced — even she couldn’t stand the thought of him being Batman. Celebrity divorces don’t come cheap, and you know what that must mean: high-powered lawyers and even higher rates for their billable hours! [CNN]
* “[H]ow young would you go…I’d do 5[,] [b]ut 0-12 is hot.” Well, that’s absolutely disgusting. Matthew Gigot, an attorney who does doc review in the D.C. area, was charged in a child pornography case for sexual performance using a minor. [FOX 5 DC]
* The main line of defense as of late in the Dewey trial for the former head honchos of this failed firm is that everyone sends out embarrassing — and potentially incriminating — emails from time to time. We know all abput that here at Above the Law. [WSJ Law Blog]
* “Put down the bong, throw out the vaporizer and lose the rolling papers.” If you’re hoping to land a job at any federal agency any time in the near future, then you better quit your toking as soon as possible, even if it’s legal in your state. [New York Times]
* Here’s some sad news for women who are interested in taking home their apparently delicious and nutritious placentas to feast upon after their children are born in hospitals: it’s only completely legal in three states — Hawaii, Oregon, and Texas. [The Stir]
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Federal Government, Marijuana
ICYMI: The Feds Have Their Own Crop Of Whacky-Tobacky In The Heart Of Mississippi
What exactly goes down at Ole Miss regarding marijuana? And why is Ole Miss growing cannabis at all?
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Federal Government
Agency Capture: Saying No
Instead of relying on "no" a government lawyer should make every effort to find a "no, but..." -
Morning Docket
Morning Docket 05.07.15
* Are you tired of hearing about Tom Brady’s balls? No? Good. Here’s a great profile of the Paul Weiss litigator that authored the report on deflategate. [New York Times]
* Good news for all the Pandora listeners out there. The Second Circuit affirmed Pandora’s access to the ASCAP music catalogue. [New York Law Journal]
* As if the “Jena Six” haven’t been through enough, now one of its members is heading to law school. [American Lawyer]
* Brewery scores big First Amendment victory. Let’s all celebrate with a nice cold bottle of “Raging Bitch” beer. [Corporate Counsel]
* The federal government paid $45 million to Northrop Grumman Systems to settle claims it misappropriated trade secrets related to their satellite program. [National Law Journal]
* The debate over the minimum wage rages on in Ninth Circuit case on the constitutionality of Los Angeles’ Living Wage law. [Law360]
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Clerkships, Federal Judges, Job Searches
The Current State Of Clerkship Hiring: 5 Points Worth Noting
If you're interested in clerking or in helping someone else land a coveted clerkship, here's some information you should know. -
Federal Government
Agency Capture: It's Not About You
A simple mantra to keep in mind as you advance through your career. -
Federal Government, Federal Judges, Marijuana
Duby-ous Federal Ruling Leaves Marijuana On Schedule I
On this 4/20, lovers of cannabis and cannabis businesses still have not seen the de-scheduling of marijuana as a Schedule I controlled substance. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Federal Government, Health Care / Medicine, Money, Tax Law
The Secret Taxes On The Young: Health Insurance And Student Loan Interest
On this Tax Day, columnist Shannon Achimalbe looks at two payments that are not called taxes but feel like and have the effect of a tax. -
Federal Government
Agency Capture: Advice Part Two
You are now officially a new, freshly minted bureaucrat. Congratulations! What's next? -
Morning Docket
Morning Docket: 03.31.15
* Reunited and it feels so good… to have more tuition money in our pockets: following more than 40 years apart, Rutgers-Camden Law and Rutgers-Newark Law may merge to create the Rutgers School of Law, one of the largest law schools in the country. [NJ.com]
* In case you missed it, the courtroom erupted into chaos in the final moments of the Ellen Pao v. Kleiner Perkins trial because a juror “made a mistake” and decided to change his vote mid-verdict. Come on, give the guy a break — he’s almost 90. [WSJ Law Blog]
* Lawmakers are awfully interested in the way that the SEC is doing its job, and they’re drafting new laws in the hope of helping the agency out. We’ll let you know how helpful this was in a few years if those bills are ever passed. [DealBook / New York Times]
* After an incredibly unsuccessful defense of its ban on same-sex marriage, Wisconsin is going to have to shell out more than $1 million in legal fees to the ACLU — the largest single payout yet by a state in the history of cases of this kind. [National Law Journal]
* If you’re looking to transfer to another law school after your first year in the trenches, here are three things that you absolutely, positively must do to ensure your chances of being accepted elsewhere. [Law Admissions Lowdown / U.S. News & World Report]
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Federal Government, Job Searches
Agency Capture: Advice
You may be a toddler in attorney years, but you can still give practical advice about career planning. -
Federal Government
Agency Capture -- Competition
The DOJ's monopoly on government representation warps the attorney-client relationship.
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Federal Government
Agency Capture: Partnership
With no decent analogue to “making partner,” we are left without an easy shorthand for career ascension for government attorneys. -
Neal Katyal, Solicitor General's Office, Television
From Acting Solicitor General To Acting On 'House Of Cards'
What surprised Neal Katyal during his voyage into the world of television? -
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Federal Government
New P3 Infrastructure Opportunities on the Way for Government Contractors?
In his recent State of the Union address, President Obama proposed expanding a program that encourages state and local governments to fund infrastructure projects through public-private partnerships (or P3s). If it comes to fruition in Congress, the program could lead to new opportunities for heavy, highway, and infrastructure contractors across the country. -
Federal Government, Health Care / Medicine
Not All Sensitive Health Information is Protected Health Information Under HIPAA
Individual sensitive health information (ISHI) and the communication thereof may not constitute protected health information (PHI) that is regulated by HIPAA... -
Federal Government
Agency Capture: Is It Worth It?
Biglaw or government work? There are a lot of tradeoffs to weigh. -
Morning Docket
Morning Docket: 01.26.15
* Senate Republicans are contemplating abolishing filibusters for SCOTUS nominees. This could go one of two ways: it could work out nicely for them, or explode in their faces. It’s like a choose your own adventure game. [POLITICO]
* When it comes to the upcoming gay marriage cases before SCOTUS, “[e]very lawyer involved will want to argue.” Remember, when you’re given the chance to make history, you better hope that you’re on the right side of it. [National Law Journal]
* “[I]f there is one decision I would overrule, it is Citizens United.” Even RBG thinks this campaign finance decision is one of the Supreme Court’s “darkest hour[s].” [Salon]
* SCOTUS refused to stay Charles Warner’s execution, but it agreed to grant cert on his lethal injection case days after his death. Better late than never? [New York Times]
* The NFL has drafted Ted Wells of Paul Weiss to blow up the absurd controversy that is “Deflategate.” Come on, who cares if the Patriots cheated again? [WSJ Law Blog]
* Do you know any chronic Biglaw firm-hoppers? How many firms are too many to lateral to? Three? Five? Seven? Jesus Christ, for this guy, try 10 firms. [Am Law Daily]