Federal Judges
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Morning Docket
Morning Docket: 04.29.16
* Given the fact that Senate Republicans have remained firm in their opposition to Supreme Court nominee Judge Merrick Garland receiving a confirmation hearing, it seems all the more likely that the vacancy left on the high court by the late Justice Antonin Scalia will remain unfilled until after Election 2016. [Bloomberg Politics]
* But is someone having a change of heart? “I would have to admit it’s a gamble.” Senator Chuck Grassley, chairman of the Senate Judiciary Committee, claims that while he hasn’t second-guessed his decision not to hold confirmation hearings for Judge Garland, that it’s anyone’s guess as to who Donald Trump would choose to fill the position if elected as president. [Huffington Post]
* “He said that I had to keep my attorney happy.” A Texas lawyer who was accused of trading sex with court-appointed clients for performing legal work was recently indicted on 18 counts of sexual assault and 17 counts of compelling prostitution. He faces up to 20 years in prison. We may have more on these allegations of misconduct later. [KSAT]
* As we mentioned previously, Judge Rosemary Collyer of the District Court for the District of Columbia will be taking senior status on May 18, but we didn’t know that she was chosen by Chief Judge John Roberts to take over as the presiding judge of the Foreign Intelligence Surveillance Court the next day. Congrats! [National Law Journal]
* Biglaw gets in on the green rush: Orrick Herrington & Sutcliffe has partnered with Americans for Safe Access Foundation, a medical marijuana advocacy group, to update a series of manuals on state medical marijuana laws. In the future, Orrick attorneys will man a hotline for medical marijuana patients in need of legal advice. [Am Law Daily]
* James Hurlock, former two-decade chairman of White & Case, RIP. [Big Law Business]
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Federal Judges, Health / Wellness, State Judges
Why Mindfulness? 3 Judges Explain
Mindfulness has been widely accepted in the tech industry as well as others, but as is typically the case in the legal profession, we are slow adopters. - Sponsored
This AI-Powered Document Tool Will Meet You Where You Are
Lexis Create provides simple access to internal and external knowledge — directly within Microsoft Word. -
Federal Judges, Judge of the Day, State Judges
Legal Heavyweights Take Their Case To... Small Claims Court
The fight over $75 with a country club goes to court.
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SCOTUS, Supreme Court, Supreme Court Clerks
Why Is Judge Garland A Top Supreme Court Feeder Judge?
Does Judge Garland feed more clerks to the left or the right side of the Supreme Court? -
Clerkships, Federal Judges, Richard Posner
Should Judges Write Their Own Opinions Or Leave Drafting To Their Law Clerks?
With all due respect to Judge Posner, there's nothing wrong with judges delegating drafting to their clerks. -
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Morning Docket
Morning Docket: 04.04.16
* “Say you’ll remember me, standing in a black robe, waiting for a hearing, babe. Begging the SJC, say you will confirm me, even if it’s just in my wildest dreams, ah-ha ohh.” SCOTUS nominee Judge Merrick Garland has something in common with an overwhelming number of teenage girls: he loves Taylor Swift sing-alongs. That’s cute! [People]
* “A judge does not check his First Amendment rights at the courthouse door.” Judge Olu Stevens has filed suit against the Kentucky Judicial Conduct Commission on free-speech grounds in an attempt to stave off an ethics sanction for publicly commenting on Facebook about all-white juries and their “disproportionate and disparate impact on black defendants.” [Courier-Journal]
* Hardly any partners leave Cravath, but a very important one just did, and his exit is making people talk. Scott Barshay, once a top M&A partner at the firm that tends to set the associate bonus scale, has defected to Paul Weiss, where he’ll become its global head of M&A. Which clients will he take to the “dream team”? [DealBook / New York Times]
* This plaintiff’s antitrust allegations against Uber’s CEO may be “wildly implausible” and representative of an “impossibly unwieldy conspiracy,” but in Judge Jed Rakoff’s eyes, they were enough to overcome a motion to dismiss that was filed by Boies Schiller. Something tells us Uber’s legal bills are going to see some surge-pricing. [WSJ Law Blog]
* Per a study by Ravel Law, in a new index that tracks federal judges by their rulings and subsequent citations to those rulings, Michigan produces the most influential judges on the federal bench, followed by Chicago, Harvard, and Yale. Harvard has finally gotten one over on Yale — but for a measly bronze trophy. [Crain’s Detroit Business]
* According to the Bureau of Labor Statistics, the legal sector gained 1,200 jobs in March. On top of that positive news, February’s numbers were revised from a loss of 1,500 jobs to a gain of 100 jobs. In any case, what with the huge discrepancy, we’re happy to see Dewey’s bookkeepers found new work. [Big Law Business / Bloomberg]
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SCOTUS, Trivia Question of the Day
Being On The Supreme Court Isn't The Key To Popularity
Does this justice really care about the cool kids? - Sponsored
How Generative AI Will Improve Legal Service Delivery
Learn how emerging tools will likely change and enhance the work of lawyers for years to come in this new report. -
Federal Government, Shira Scheindlin
Judge Shira Scheindlin Is Stepping Down
After 22 years, this federal judge is calling it quits. -
Politics, SCOTUS, Supreme Court
Merrick Garland Is The Right Man For The Job, But Not The Job You're Thinking Of
President Obama was not looking for someone to serve on the Court; he was looking for someone who could navigate the next few months with dignity. -
Federal Judges, In-House Counsel, Rape
The Judge Roberts Allegations -- Perspectives Of A Roberts Clerk
A former clerk reacts to the news of Judge Roberts's retirement and the allegations of rape. -
Federal Judges, Rape
Federal Judge Retires Amid Rape Allegations
Allegations emerge that a now-former federal judge raped a 16-year-old girl in 1981. -
Morning Docket
Morning Docket: 03.16.16
* President Obama will announce his pick to replace the late Justice Antonin Scalia later this morning. Which member of the D.C. Circuit will he choose, Judge Sri Srinivasan or Judge Merrick Garland? America will find out at 11 a.m., and then the real political circus of trying to get a confirmation hearing will begin. [New York Times]
* “Republicans know they can’t get away with complete and total obstruction, so they may try to set up a double standard.” Senate Republicans have refused to fill the vacancy left on the Supreme Court left by the late Justice Antonin Scalia, but it looks like more than 30 other federal judicial nominees may have been caught in the political fray. [AP]
* After having a district court judge’s deferred compensation remedy slapped down by the Ninth Circuit, lawyers in the O’Bannon NCAA student-athlete pay case have asked the Supreme Court to grant certiorari. The lawyers involved “[feel] so strongly in the principles involved” that they don’t care if they lose their fees and costs. [USA Today]
* A small victory for a washed-up Mean Girl? Lindsay Lohan has never really had much success when it comes to suing others on the basis of likeness appropriation, but a New York judge has refused to dismiss her case against Rockstar Games over a look-alike character in Grand Theft Auto V. You go, girl! [THR, ESQ. / Hollywood Reporter]
* Per Lex Machina, after a slow 2014, patent litigation rose by 14.7 percent in 2015. What’s troubling to some lawyers, though, is that all of the action has migrated to Texas courts: “Why should this little corner that’s not particularly a hotbed of innovation have such an important role to play in patent law?” [Big Law Business / Bloomberg BNA]
* Talent agency Rebel Entertainment Partners is suing CBS, the TV station that airs “Judge Judy,” because it claims Judge Judy is taking in such a high salary that the network has been unable to dole out its contractually obligated payments. Although she’s not named in the suit, Judge Judy, full of sarcasm, says this is “hilarious.” [Variety]
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Benchslaps, Federal Judges
The Federal Judiciary's Most Benchslapped Judge Comes Back For More
This is what happens when a federal judge has a penchant for... unprofessional behavior. -
Disasters / Emergencies, Federal Government
'The Picasso Of The Legal Field'
He's either loved or hated for his work -- but from 9/11 to the Boston Marathon bombings, Ken Feinberg is the go-to name in managing disasters. -
Non-Sequiturs
Non-Sequiturs: 03.09.16
* Karma alert: West Virginia lawmakers celebrated legalizing raw milk by drinking some… and they promptly got sick. [Gizmodo]
* Porn stars with some real talk about the First Amendment — all while being tastefully blurred. [Funny or Die]
* Everything old is new again — an illuminating interview with Marcia Clark. [American Lawyer]
* Inside the financial disclosure of Donald Trump’s sister, Judge Maryanne Trump Barry. [National Law Journal]
* Another Trump lawsuit — this time he is accused of stealing tips from servers. [Wonkette]
* Contract attorney by day, bestselling author by night — congrats to Chloe Neill on all her success! [Omaha.com]
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5th Circuit, Benchslaps
Lawyer Writes Stupid Brief, Fifth Circuit Lets Him Know
Lawyer tries to get cute in his briefing and gets mocked hard. -
Department of Justice, Federal Government, SCOTUS, Supreme Court
Congratulations To The 2016 Bristow Fellows
Which law schools and judges send the most people into prestigious Bristow Fellowships? -
Donald Trump, Politics
Donald Trump Slams Federal Judge In That Racist Way Only Trump Can
In Trump's world, no insult, no matter how slight or deserved, can stand. -
Federal Judges, SCOTUS, Supreme Court
Why This Judge May Be One Of The Only Supreme Court Nominees Worth Considering
This judge is so above partisan reproach that it would be, frankly, embarrassing for the Senate Republicans to stand in the way of holding a confirmation hearing.