Fifth Circuit

Morning Docket: 06.23.17

* Federal investigators are delving into multimillion-dollar deals involving former Trump campaign manager Paul Manafort and his son-in-law, Jeffrey Yohai. [New York Times] * The Fifth Circuit lifts the injunction against H.B. 1523, Mississippi's notorious "religious freedom" law that many regard as antigay (but the court ruled on jurisdictional rather than gay-hating grounds). [Texas Lawyer] * In the wake of a mistrial in the criminal case against him, Bill Cosby plans to educate young men on how to avoid accusations of sexual assault. (My advice: don't commit sexual assault.) [New York Times] * The Fourth Circuit affirms almost all the convictions of ex-CIA officer in a leak case -- a potentially significant ruling if the Trump administration follows through on its threats to prosecute leakers. [How Appealing] * The Seventh Circuit declines to reinstate the conviction of Brendan Dassey, the defendant made famous by Making A Murderer. [ABA Journal] * Martin Shkreli, aka "Pharma Bro," is gearing up for trial -- and, for the record, he is "so innocent." [New York Times] * More disturbing news from my ancestral homeland of the Philippines, involving accusations that the police are shaking down families in distress as part of President Rodrigo Duterte's "war on drugs." [Washington Post]

Non-Sequiturs: 06.14.17

* Time to nerd out! We'll start with Senator Dianne Feinstein (D-CA) firing a shot across on the bow on blue slips. [Politico via How Appealing] * Speaking of judicial nominees, Professor Stephanos Bibas, nominated to the Third Circuit, has a long, long paper trail -- including not just lots of law review articles, but letters to the editor from when he was a college kid. [CA3blog] * Who knew that singer John Legend was a legal nerd? He's all about "the challenge and the opportunity of federalism," as Chris Geidner reports. [BuzzFeed News] * It's time for the courts to recognize that the Lemon test "is really and truly dead," according to Daniel Blomberg of Becket. [Bench Memos / National Review] * Meanwhile, Professor Orin Kerr identifies "an interesting question worth flagging for the Fourth Amendment nerds" out there. [Washington Post] * Finally, Fifth Circuit guru David Coale has found something even wonkier than the Rooker-Feldman doctrine. [600 Camp]

Was A Possible Judicial Nominee Told To Curb His Twitter Use By… The Trump Administration, Of All People?

Not exactly -- but other authorities have asked him about the subject.

6 Tips For Appellate Advocacy (Especially If You’re Appellant’s Counsel)

Advice from an appellate judge and a seasoned advocate on how to put your best foot forward on appeal.

More Judicial Nominations From The Trump Administration

We were right about a number of nominees; let's look ahead to the next batch.

Circuit Court Nominees In The Trump Administration: A Nationwide Round-Up

Names, names, and more names, for federal judgeships around the country.

Non-Sequiturs: 04.19.17

* An interesting look at the life and career of Gloria Allred -- who has litigated groundbreaking civil rights cases as well as TMZ fodder. [Coverage Opinions] * Lawyer Jose Baez intends to investigate the death of his client Aaron Hernandez, who was found dead in his prison cell after apparently hanging himself. [Deadspin] * Footnote of the day (gavel bang: Raffi Melkonian aka @RMFifth Circuit). [Twitter] * Professor Jonathan Adler still has doubts about the Emoluments Clause lawsuit against President Trump (although it's much stronger now, thanks to some additional plaintiffs). [Volokh Conspiracy / Washington Post] * Professor Glenn Reynolds has some doubts about diversity (although I suspect he strongly supports intellectual diversity). [Instapundit] * Professor Ann Althouse has her doubts about... Democrats (even though she has voted for more Democrats than Republicans over the years). [Althouse] * And Professor Eugene Volokh has his doubts about the constitutionality of this order. [Volokh Conspiracy / Washington Post] * In honor of national haiku poetry day, here are some verses from Dean Dan Rodriguez of Northwestern Law. [PrawfsBlawg] * Congrats to the ACLU of Massachusetts, the national ACLU, the state public defender’s office, and Fick & Marx LLP on a huge and historic win! [ACLU]

DOJ Scales Back On Transgender Defense, In Sign Of Things To Come

There is clearly tension in the Trump administration over LGBTQ rights.

Morning Docket: 07.21.16

* The Fifth Circuit, sitting en banc, rules that Texas's voter ID law violates the Voting Rights Act by having discriminatory effects on minority voters (but remands on the issue of discriminatory purpose). [How Appealing] * It appears that yes, Roger Ailes is on his way out at Fox News -- thanks in part to the work of lawyers from Paul, Weiss. [New York Times] * Matt and Melissa Graves, the parents whose two-year-old son was killed by an alligator at Disney's Grand Floridian resort, will not be suing Disney. [Washington Post] * Congratulations to exoneree Jarrett Adams, who served nearly eight years in prison for a crime he did not commit, on his admission to the New York bar. [ABA Journal] * Republican VP nominee Mike Pence is a lawyer, and his Democratic counterpart probably will be as well: shortlisters Tim Kaine, Thomas Perez, and Tom Vilsack are all lawyers, and James Stavridis is a law dean. [New York Times] * A California man gets convicted in a plot to kill two prosecutors, two FBI agents, and federal judge Andrew Guilford -- with a wood chipper. [Los Angeles Times via ABA Journal] * A New York appeals court affirms a ruling in favor of Boies Schiller in a malpractice suit brought by fashion model Mary Anne Fletcher. [Big Law Business] * A bit more about former Attorney General Eric Holder's work for Airbnb (a development we noted yesterday). [American Lawyer]

Ted Cruz Is No Fan Of Dildos

Ted Cruz really argued the important issues while Solicitor General of Texas...

Non-Sequiturs: 03.10.16

* An in-depth look at Netflix's most lovable lawyer, Foggy Nelson. [Netflix Life] * Berkeley Law is not alone in dealing with scandals. Where is Olivia Pope when you need her? [Law and More] * Wasting time, but churning bills, creating PDFs. [Daily Lawyer Tips] * Environmental law will never be the same now that Justice Scalia's dead. Mother Nature, for one, is grateful. [Huffington Post] * Court rules there is no constitutional right to BDSM. [Slate] * A battle over Texas's voter ID law is coming back to the Fifth Circuit, just in time for the 2016 election. And if the Supreme Court stays split in its presumed 4-4 breakdown, the Fifth Circuit could get the final word on the law. [The Atlantic] * A fascinating look inside the shady business of wrangling amicus briefs. [Chicago Tribune] * Is Camille Paglia flirting with Donald Trump support? [Lawyers, Guns and Money] * Corporate lawyers agree: leaving a vacancy on the Supreme Court is a terrible idea. [Wall Street Journal]

Lawyer Writes Stupid Brief, Fifth Circuit Lets Him Know

Lawyer tries to get cute in his briefing and gets mocked hard.

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.