* 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]
Who killed Debo Adegbile’s nomination to head the Justice Department’s Civil Rights Division? Democrats — and they were right to do so.
With its critical impact on the world economy and global trade, privacy legislation in Asia has been extremely active in the last several years. A recently released report, Privacy Laws in Asia, written by Cynthia Rich of Morrison & Foerster LLP for Bloomberg BNA, analyzes commonalities and differences in the privacy and data security requirements in countries including Australia, India, Hong Kong and more.
This report gives you at-a-glance access to a side-by-side chart comparing four key compliance areas, a country-by-country review of the differences and special characteristics in the law, and explanations of the common elements of the privacy laws in 11 jurisdictions.
* There will be filibusters: Victoria Nourse, a Georgetown Law professor whose nomination to the Seventh Circuit was blocked, thinks the political move will remain intact for future SCOTUS nominees. [Legal Times]
* The Tenth Circuit politely pwned Roberta Kaplan. Her bid to intervene in the Utah same-sex marriage case before the court was rejected. Guess she’ll have settle for writing an amicus brief. [Salt Lake Tribune]
* Are laterals killing your firm? It happened to Dewey, and it could happen to you. Only you can prevent lateral fires. Take the pledge and show your commitment to lateral fire prevention. [American Lawyer]
* Lawyers are worried about what’s been going down at the storied Canadian firm of Heenan Blaikie. A third of its partners did the dip over the weekend amid financial troubles. Sounds familiar… [Ottawa Citizen]
* Women are slowly but surely working to close the gender gap in the law — well, at least they are in South Florida. It seems to be working, though, so feel free to follow their lead. [Daily Business Review]
* “Just because you can’t make the world a perfectly fair place doesn’t mean you can’t make it fairer.” If you really liked socialized health care, then you’re going to absolutely love socialized law. [New Republic]
* If your LSAT score is in the 160 range and you’re writing to an advice columnist to figure out what to do next, then you are the most special of all the little snowflakes. [Law Admissions Lowdown / U.S. News]
Airplanes / Aviation, Antitrust, Attorney Misconduct, Canada, Dewey & LeBoeuf, Federal Judges, Guns / Firearms, Legal Ethics, Morning Docket, Politics, Ruth Bader Ginsburg, S.D.N.Y., SCOTUS, Stephen Breyer, Supreme Court, U.S. Attorneys Offices
* What led the Senate Democrats to go nuclear? [New York Times]
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
Biglaw, Canada, Dewey & LeBoeuf, Federal Judges, Gay, Gay Marriage, Guns / Firearms, Judicial Nominations, Law Schools, Minority Issues, Morning Docket, Politics, Ruth Bader Ginsburg, Utah, White People
Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.
* Even in a post-nuclear world, Republicans can still block certain judicial nominees. [New York Times]
* A prominent Toronto lawyer has gone missing — and so, allegedly, has $3 million in client trust funds. [Toronto Star]
* Dewey see legal fees in the future for Stephen DiCarmine and Joel Sanders? Well, a $37 million lawsuit won’t dismiss itself. [Law360 (sub. req.)]
* Congratulations to Matthew Layton, the new managing partner of Clifford Chance. [The Lawyer]
* And congratulations to Ralph Pellecchio and Jim Wernz, who were married by none other than Justice Ruth Bader Ginsburg — who even helped them write their vows. [Talking Points Memo]
* Sure, let’s have the whole “is now a good time to go to law school?” debate again. [WSJ Law Blog]
* Especially if you’re a minority, since white people are losing interest in law school. [Am Law Daily]
* Congress can’t even get its act together about real guns, so perhaps it’s no surprise that limits on fake guns are set to expire soon. [New York Times]
* Harry Potter was convicted of obstruction of justice. Just because you’re a wizard doesn’t mean you’re above the law. [Daily Utah Chronicle]
Senator Harry Reid finally invokes the so-called “nuclear option” to get President Obama’s nominees on the D.C. Circuit. Here comes the combative spin.
While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
It has long been the case in Hong Kong that most UK law firms and a very small minority of US law firms have three month notice periods for their US associates built into their employment contracts. But until about 18 months ago it was not common for any firm to enforce a three month notice period when a US associate left solo[…]
* Homeland Security Secretary Janet Napolitano is leaving the cabinet to head the University of California system. That’s a natural transition because UC already treats its students like threats to national security. [The Faculty Lounge]
* Texas banning tampons from the Texas Capitol building in advance of abortion vote. Guns are still fine though. In the words of the inimitable Spencer Hall, “But what about a gun that FIRES tampons, Texas?” [Huffington Post]
* A lot of folks are anticipating Noel Canning, but if Harry Reid invokes the so-called “nuclear option” (fifth item), does that render the whole case moot? [The Volokh Conspiracy]
* Three years for stealing an iPhone from a child. I guess it’s like taking Candy (Crush) from a baby. [Law and More]
* If you stop to think about it, someone should totally have sued the camp from The Parent Trap (affiliate link). If for no other reason than the likelihood Lohan was dealing to all the other campers. [Crushable]
* An iOS app for creating semi-bespoke contracts. That’s cool, but I’ll stick to Temple Run, thanks. [Associate’s Mind]
Looking at five notable stories of the week that was.
My this was a busy week. Here’s a list of the big-ticket stories that struck my fancy this week.
* How to hire an effective expert — in the model of Han Solo. [The Expert Institute]
* Here are the 10 most annoying lawyer clichés. Punch yourself in the face for every one you’ve used (non-ironically, of course) in the past month. [The Careerist]
* The NCAA chooses revenue for their member schools over the welfare of students? Shut the front door! [Sports Law Blog]
* Poor plaintiff trying to get off the Internet keeps putting herself on the Internet. Hail Streisand Effect! [Lowering the Bar]
* Grammar fail. Lawyer inadvertently calls his wife a “bitch” with poor sentence structure. [Spadea, Lanard, & Lignana]
* Georgetown Law is holding its second Iron Tech Law Competition, challenging students to develop technology to improve the access to justice or increase the effectiveness of representation. Cool idea. Other schools should consider this kind of program. [Georgetown Law]
* Do you think our lawmakers should reform the Senate filibuster procedure? I agree. Though Patton Oswalt gives an almost nine minute, improvised tour de force of how a filibuster could be awesome that will be — presumably edited down — and used in this week’s Parks and Recreation. Video after the jump. [Cinema Blend]
* How bad is the job market? Wisconsin Law grad seeks unpaid position pushing a cart. [New York Daily News] * Effortless Senate filibusters are really lame. And have been for a really long time. [Volokh Conspiracy] * There’s a middle ground between “telling your significant other the whole truth” and “faking your own kidnapping.” […]
* Darren Heitner writes about the new business of concussions in the NFL. Safety equipment manufacturers are working overtime to shield themselves from future litigation because, you know, there’s not much that can be done when you’re still intent on running the human head into another hard, moving object at full speed. [Forbes]
* Welcome to Salem 2.0. This time it’s Salem, Missouri that tried to protect us from witchcraft by blocking Internet access to information about Wicca. A federal judge struck this down. Then hopped on a broom and skyrocketed away. [KDSK]
* A Florida woman pulled a gun on Walmart employees who wouldn’t honor her $1 coupon. It’s Florida, so she had to stand her ground on that sh*t. [Lowering the Bar]
* A 12-year-old boy got stoned and led police on a car chase. Live fast and die young, my friend. [Legal Juice]
* More on Lindsay Lohan: After her lawyer, Mark Heller, got blasted as incompetent by the media (including us) and the judge in the case, Lindsay says she’s sticking with him. Because she’s shown a canny understanding of legal practice so far. [TMZ]
* #Filiblizzard! That’s the Twitter hashtag that Senator Rand Paul coined to describe the confluence of a major D.C. snowstorm and Paul’s unabashed filibustering of the nominee to head the CIA. At the same time, there is another filibuster of Caitlin Halligan’s nomination to the D.C. Circuit. Remember when Harry Reid and Mitch McConnell hammered out a deal that would end the excessive filibusters? No. You don’t. Because that was just your Absinthe-fueled hallucination. [PrawfsBlawg]
* Former Justice Sandra Day O’Connor was on the Daily Show. She didn’t seem to understand that Shelby County was about Section 5. [Election Law Blog]
Full video after the jump….