Fifth Circuit

  • Diversity LF

    5th Circuit, Affirmative Action, Constitutional Law, Education / Schools, Minority Issues, SCOTUS, Supreme Court, Texas

    Affirmative Action Is Dead In The Water; Diversity Is The 21st Century Fight

    SCOTUS ruling today signals the end of the old era of affirmative action, and the birth of a new one.

    78 Comments / / Jun 24, 2013 at 12:51 PM
  • bored-lawyer

    5th Circuit, Attorney Misconduct, Bar Exams, Biglaw, California, Divorce Train Wrecks, Edith Jones, John Roberts, Legal Ethics, Morning Docket, Patents, Pro Bono, SCOTUS, Supreme Court, Women's Issues

    Morning Docket: 06.14.13

    * When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]

    * The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]

    * The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]

    * Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]

    * California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]

    * Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]

    2 Comments / / Jun 14, 2013 at 9:04 AM
  • Olympic_rings_without_rims.svg

    5th Circuit, Arnold & Porter, Edith Jones, Election Law, Insider Trading, Non-Sequiturs, Racism, Tax Law

    Non-Sequiturs: 06.10.13

    * The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]

    * Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]

    * Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]

    * To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

    * Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

    * Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]

    * Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]

    * Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]

    * The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]

    * More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]

    * If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker…

    3 Comments / / Jun 10, 2013 at 5:31 PM
  • Edith Jones LF Judge Edith H Jones Edith Hollan Jones

    5th Circuit, Crime, Death Penalty, Edith Jones, Federal Judges, Federalist Society, Legal Ethics, Minority Issues, Politics, Racism

    A Tale of Sound & Fury (But No Transcript): In Defense of Judge Edith Jones

    A group of civil rights organizations recently filed a misconduct complaint against Judge Edith Jones of the Fifth Circuit. A former Jones clerk, Tamara Tabo, comes to the judge’s defense.

    115 Comments / / Jun 6, 2013 at 10:15 AM
  • Just a gal from the Garden State.

    5th Circuit, Barack Obama, Crime, D.C. Circuit, Edith Jones, Intellectual Property, Judicial Divas, Legal Ethics, Morning Docket, Murder, New Jersey, Patents, Prostitution

    Morning Docket: 06.05.13

    * Meow! An ethics complaint has been filed against Judge Edith Jones, the judicial diva herself, over insensitive comments about race and the death penalty that she made at Penn Law. [San Antonio Express-News]

    * In the pissing contest over judicial confirmations, it’s fair to say that Obama’s recent nominees to the D.C. Circuit won’t receive a hearing, much less be confirmed, any time soon. [WSJ Law Blog (sub. req.)]

    * Nobody likes patent trolls, not even the president. Obama went on the offensive yesterday, promising to curb unwarranted intellectual property litigation filed by pesky profiteers. [Thomson Reuters News & Insight]

    * Speaking of patents, there’s a new exchange being formed for public trading rights. Please welcome the Intellectual Property Exchange International, the first exchange platform of its kind. IP: so hot right now. [DealBook / New York Times]

    * After a review of evidence that Colorado movie theater shooting suspect James Holmes was whacked out of his mind at the time of the shooting, he was allowed to enter an insanity plea. [Bloomberg]

    * The judge in the Oscar Pistorius case has adjourned the track star’s legal proceedings until August on account of a “trial by media.” We’ll probably continue to speculate about it until then. [New York Times]

    * A woman is suing because she got her ass kicked by a gang of hookers at a Florida hotel. She claims the prostitutes thought she was infringing on their territory. Nope — she’s just a Jersey girl. [Fox News]

    14 Comments / / Jun 5, 2013 at 9:06 AM
  • conservative woman RF

    5th Circuit, Clerkships, Edith Jones, Law Schools, Politics

    Righteous Indignation: The ‘Righter’ Side of Law

    A column for our conservative-minded readers, but can its author alter the usual ATL ideological balance?

    64 Comments / / Apr 25, 2013 at 1:55 PM
  • fried chicken LF

    5th Circuit, Benchslaps, Fast Food, Federal Judges, Food, Minority Issues, Racism

    Professional Benchslapper Gets Admonished By Fifth Circuit Over His Own Racial Insensitivity

    A judge doesn’t understand a fried chicken insult, so he blames the black guy for being oversensitive. Of course this happened in Texas…

    40 Comments / / Jan 15, 2013 at 11:10 AM
  • Hannibal-Lecter-hannibal-lecter-24822525-320-244

    5th Circuit, Barack Obama, Crime, Election 2012, Fashion, Gay, Gay Marriage, Guns / Firearms, Nauseating Things, Non-Sequiturs, Police, Politics

    Non-Sequiturs: 10.25.12

    * The Fifth Circuit upheld a federal law banning gun sales to people under 21 years old. Oh! The humanity! What will the nation’s teenagers do without booze or their own guns? [WSJ Law Blog]

    * A New York cop is charged with planning to kidnap, cook, and eat 100 women. Gross. I wonder if this will tarnish the NYPD’s sterling reputation. [Daily Intel / New York Magazine]

    * Scratching your nuts in public is gross, but it’s not the same as, uh, some other grosser, more illegal activities. It would behoove this woman to learn to recognize the difference. [Legal Juice]

    * Should wearing “personality” glasses count against a criminal defendant? I dunno, but as a guy who has to wear glasses I find it bizarre that people choose to wear them as fashion accessories. Might as well wear a useless prosthetic arm too; I hear they’re the next hip trend. [Legal Blog Watch]

    * Another intra-family lawsuit: Geoffrey Richards, who teaches at Northwestern Law School, has been sued by his 95-year-old grandfather over a family financial dispute. The grandfather is also calling Richards a “scoundrel” and the “greatest disappointment” in his life. Ouch. [DealBreaker]

    * President Obama has endorsed several same-sex marriage ballot proposals. Nice work, Barry. [BuzzFeed]

    * Insights and advice for people interested in fashion law (from Ron Coleman and others). [Likelihood of Confusion]

    4 Comments / / Oct 25, 2012 at 6:25 PM
  • AppleSamsungRuling_610x426

    5th Circuit, Edith Jones, Federal Judges, Gay Marriage, Gender, Job Searches, Judicial Divas, Law Schools, Midsize Firms / Regional Firms, Money, Morning Docket, Patents, Paul Clement, Technology

    Morning Docket: 09.28.12

    * Chief Judge Edith Jones of the Fifth Circuit, the judicial diva herself, will be stepping down from her role at the head of the bench earlier than expected, due to “family issues.” Perhaps she told someone to “shut up” too many times? [Tex Parte Blog]

    * Apple asked U.S. District Judge Lucy Koh to deny Samsung’s request that she bar all further communication with trial jurors, because the company claims it wants “equal access to information” (aka jury foreman Velvin Hogan). [Bloomberg]

    * “[T]here’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.” That, and you rely on law from 1885. Argh! [BuzzFeed]

    * ASU Law wants to move from Tempe to Phoenix, and to make it financially feasible, the school may increase enrollment and raise tuition. Sound like a good idea, prospective law students cash cows? [Arizona Republic]

    * Now compare/contrast: Stanford Law had to dip into its coffers to come up with the cash to cover its financial aid promises this year, but the school isn’t cutting out a dime that’s owed to students. [National Law Journal]

    * Massachusetts appealed the Michelle Kosilek sex-change ruling. The state claims it provided “adequate medical care,” but it’s questionable whether that was the case if the prisoner tried to castrate herself. [CNN]

    * Tully Rinckey, a midsize firm, is planning to open an office in Buffalo, New York, so it sent out recruitment letters to 5,469 attorneys in the region. Unemployed law grads: open the letter, it’s not a bill! [Buffalo News]

    4 Comments / / Sep 28, 2012 at 9:13 AM
  • Coming soon: Chadbourne & Parke!

    5th Circuit, American Bar Association / ABA, Biglaw, Chadbourne & Parke, Department of Justice, Dewey & LeBoeuf, Election 2012, Election Law, Football, Legal Ethics, LSAT, Morning Docket, Real Estate, Texas

    Morning Docket: 09.07.12

    * It seems that the good people at Chadbourne & Parke won’t wind up homeless after all — or maybe they will. The firm is taking over Dewey’s old digs at 1301 Avenue of the Americas. How ominous! [Reuters]

    * The Fifth Circuit gave Texas a stay on a decision that blocked enforcement of the state’s third-party voter registration law. Well, on the bright side, at least the Lone Star state isn’t getting its ass completely kicked in the courts this election season. [Bloomberg]

    * While Jerry Sandusky awaits his sentencing on 45 counts of child sexual abuse, his attorney Joe Amendola is contemplating grounds for an appeal. Seriously? It seems to be time for yet another 1-800-REALITY check, my friend. [Centre Daily Times]

    * Remember the Texas family law judge who got caught beating his daughter in a viral video? An ethics panel issued him a “public warning” as punishment — he didn’t even get a reprimand. Sigh. [Houston Chronicle]

    * The DOJ has asked for permission to intervene in a class-action suit against LSAC that alleges an epic fail on organization’s part when it comes to accommodating LSAT exam takers with disabilities. [WSJ Law Blog]

    * Bucky Askew, a former adviser to the ABA Section of Legal Education and Admissions to the Bar, has moved on to bigger and better things. He’s now a trustee of the National Conference of Bar Examiners. [ABA Journal]

    3 Comments / / Sep 7, 2012 at 9:09 AM
  • vampire-man

    5th Circuit, Prisons, Religion, Texas, Weirdness

    Vampire High Priest Loses Religious Civil Rights Case

    A vampire high priest lost a civil rights case on appeal to the Fifth Circuit. No, it didn’t happen on an episode of True Blood…

    4 Comments / / Jun 8, 2012 at 4:11 PM
  • Not the alleged hot-dog hooker.

    5th Circuit, 9/11, Abortion, Biglaw, Dewey & LeBoeuf, Food, Law Schools, Morning Docket, Prostitution, SCOTUS, Sex, Sex Scandals, Student Loans, Supreme Court, Texas

    Morning Docket: 05.07.12

    * While Dewey’s former culture gets roasted on a spit, and the seemingly unending drama gets turned into a montage of living lawyer jokes, we’re still waiting for the final punchline. [New York Times; Wall Street Journal]

    * Don Verrilli tried so hard, and got so far (depending on who you ask), but in the end, it doesn’t even matter. When Linkin Park lyrics apply to your oral argument skills, you know you’re kind of screwed. [New York Times]

    * The 9/11 arraignments went off without a hitch this weekend. And by that, we mean that it was a 13 hour hearing filled multiple interruptions, and grandstanding about “appropriate” courtroom fashion. [Fox News]

    * In a “re-re-reversal,” Judge Jerry Smith, on a three-judge panel of the Fifth Circuit, reinstated Planned Parenthood’s injunction against Texas, without even so much as a homework assignment. [Dallas Observer]

    * The It Gets Worse Project: if you thought that the Law School Transparency debt figures were scary before, then take a look at them now. Six figures of debt just got a lot harder to swallow. [National Law Journal]

    * Scalia gets busted on a case of hot-dog hooking. No, not that Scalia. A woman from Long Island has been accused, for the second time, of selling swallowing foot-longs in the back of her food truck. [New York Post]

    0 Comments / / May 7, 2012 at 9:05 AM
  • Jerry Smith small Judge Jerry E Smith Fifth Circuit

    5th Circuit, Clerkships, Department of Justice, Federal Government, Federal Judges, Job Searches

    Want to Clerk for the Judge Who Took on Obama?

    Interested in clerking on the Fifth Circuit for the controversial Judge Jerry Smith? There’s something you should know….

    18 Comments / / Apr 12, 2012 at 2:46 PM
  • Eric Holder Attorney General Eric Holder

    5th Circuit, Barack Obama, Benchslaps, Constitutional Law, Department of Justice, Election 2012, Eric Holder, Federal Government, Federal Judges, Health Care / Medicine, Judicial Divas, Politics

    Attorney General Eric Holder Responds to Judge Jerry Smith’s Homework Assignment

    Attorney General Eric Holder has filed his reply to the Fifth Circuit’s “homework assignment” — a single-spaced, three-page letter discussing judicial review. What did he have to say?

    109 Comments / / Apr 5, 2012 at 1:21 PM
  • happy-meal

    Barack Obama, Biglaw, California, Department of Justice, Dewey & LeBoeuf, Eric Holder, Facebook, Fast Food, Food, Law Schools, Morning Docket, Partner Issues, Texas

    Morning Docket: 04.05.12

    * “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]

    * Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]

    * Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]

    * Joe Jamail, America’s richest practicing lawyer, donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]

    * McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]

    5 Comments / / Apr 5, 2012 at 9:06 AM
  • 'I'm so glad the Justice Department respects judicial review!'

    5th Circuit, Barack Obama, Benchslaps, Constitutional Law, Department of Justice, Election 2012, Federal Government, Federal Judges, Health Care / Medicine, Judicial Divas, Politics

    Benchslap of the Day: Fifth Circuit Orders DOJ To Write ‘We Respect Judicial Review’ in Three-Page Letter

    The nation recently received a lesson in constitutional law from President Barack Obama. The problem with this lesson: it wasn’t exactly accurate. One prominent conservative jurist, Judge Jerry E. Smith of the Fifth Circuit, took it upon himself to set the record straight….

    193 Comments / / Apr 4, 2012 at 10:03 AM
  • Jenna Talackova

    5th Circuit, Barack Obama, Biglaw, Canada, Dewey & LeBoeuf, Eric Holder, Gloria Allred, Law Schools, Money, Morning Docket, Murder

    Morning Docket: 04.04.12

    * AG Eric Holder can thank Obama for this homework assignment from Fifth Circuit Judge Jerry Smith, because it seems like our president, a former con law professor, forgot about Marbury v. Madison. [CBS News]

    * Dewey need to buy this Biglaw firm a functional calculator? New information shows that the imploding firm was off by roughly $153M when partners reported 2011 earnings to the American Lawyer. [Am Law Daily]

    * You know there’s got to be something questionable about a law school when the accreditation machine that is the ABA gives it the side eye. And no, Duncan Law, a judge still won’t force its hand. [National Law Journal]

    * Stephen McDaniel pleaded not guilty at his arraignment for the murder of Mercer Law classmate Lauren Giddings, but will he be released on bail before trial? Only if he’s got $2.5M sitting around. [Macon Telegraph]

    * More law school lawsuits are coming down the pipeline, but local lawyers in Massachusetts don’t think that they stand a chance. Why? The highly-educated consumer argument strikes again. [Boston Business Journal]

    * Thanks to Gloria Allred, transgender beauty queen Jenna Talackova may be able to participate in the Miss Universe pageant if she can meet the legal requirements for being a woman in Canada. [MSNBC]

    13 Comments / / Apr 4, 2012 at 9:10 AM
  • affirmative-action

    5th Circuit, Affirmative Action, Election 2012, SCOTUS, Supreme Court, Texas

    SCOTUS Grants Cert in Affirmative Action Case: ‘Cause It’s an Election Year and They Like Power’

    Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, Elie said they were openly begging for a right-wing Supreme Court to review and overturn their ruling. It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection….

    117 Comments / / Feb 21, 2012 at 1:20 PM