Free Speech

  • Morning Docket: 04.03.17
    Morning Docket

    Morning Docket: 04.03.17

    * Remember Chris Sevier, the man who, in an effort to protest same-sex marriage, filed suit against Florida, Texas, and now Utah because he alleged he was denied the right to marry his computer? A federal judge has refused to dismiss his case because some of his wild claims ought to be heard in court — and not just for the judge’s entertainment. Surprisingly, this wasn’t an April Fools’ joke. [FOX 13 News]

    * “It is plausible that Trump’s direction to ‘get ’em out of here’ advocated the use of force. It was an order, an instruction, a command.’ President Trump once again has his bold language to blame for his lawyers’ inability to get a lawsuit dismissed. Because free speech isn’t a viable defense, a federal judge has refused to toss out allegations that Trump incited violence against protesters at one of his campaign rallies. [NBC News]

    * “[W]e do not intend to give any professional organizations special access to our nominees.” Breaking with tradition, the Trump administration has decided to forgo the American Bar Association’s pre-nomination assistance when it comes to evaluating and rubber-stamping candidates for the federal judiciary. We’ll have more on this later. [New York Times]

    * Facebook is requiring that women and ethnic minorities account for at least 33 percent of law firm teams working on its matters. In addition, those firms must “actively identify and create clear and measurable leadership opportunities for women and minorities” who represent the social networking giant. Love. ❤ [DealBook / New York Times]

    * The ABA may eliminate a requirement that full-time faculty teach at least half of all upper-level courses offered at their law schools. Hmm, if law professors worked half as much, then perhaps their salaries would decrease along with their work load and there would be less of an excuse to keep student tuition so absurdly high. [Inside Higher Ed]

  • Morning Docket: 02.22.17
    Morning Docket

    Morning Docket: 02.22.17

    * Judge Posner rules that you can’t yell “fire” on a crowded Internet. [ABA Journal]

    * Want a sneak peek at Am Law 100/200 financial results? Spoiler: top firms make a lot of money. [ALM Staff]

    * Apparently it’s financially tenuous to leave Biglaw. Who knew walking away from $200K+ could put a crimp in your plans? [Am Law Daily]

    * Michael Cohen is spinning in the wind after his contradictory secret peace plan claims fall apart. [Business Insider]

    * Dechert has jumped into Philadelphia’s looming sanctuary city fight and Hogan Lovells may not be far behind. [Legal Intelligencer]

    * The harassment claims against Uber have in-house counsel under fire.
    [National Law Journal]

    * Human boil Martin Shkreli and Evan Greebel, his former attorney from Katten, are seeking separate trials. [Law360]

  • Morning Docket: 01.24.17
    Morning Docket

    Morning Docket: 01.24.17

    * SEC probe into whether or not Yahoo had an obligation to disclose data breaches to shareholders could set a precedent, which would mark the first time Yahoo’s been on the cutting edge of something since the mid-90s. [National Law Journal]

    * Dewey know anyone looking to get out of jury duty? [Law360]

    * If you’re trying to become a fugitive from justice, dream a little bigger than a Quality Inn in New Jersey. [NY Post]

    * The top Biglaw firms continue to pull away from the rest of the pack. This isn’t so much news as a quarterly reminder that the rich get richer. [The Am Law Daily]

    * Britain’s Supreme Court blocks Theresa May’s effort to trigger Article 50 without a parliamentary vote. Because breaking up is hard to do. [BBC]

    * A bevy of laws to criminalize peaceful protests coming soon. At least the death of American democracy is still running on schedule. [The Intercept]

    * Finally someone willing to stand up to the tyranny of snow globes. [Clickhole]

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  • Morning Docket: 01.11.17
    Morning Docket

    Morning Docket: 01.11.17

    * After hearing powerful testimony from victims’ relatives, a federal jury sentenced Charleston church shooter Dylann Roof to death. [BuzzFeed]

    * Dahlia Lithwick on yesterday’s Jeff Sessions hearing: the nominee “will be handily confirmed,” and Democrats “are rightly very, very afraid.” [Slate]

    * An interesting puzzle for the Supreme Court: free speech and credit card fees. [New York Times via How Appealing]

    * Also from Howard Bashman, also about free speech: Gibson Dunn partner Miguel Estrada “warns City of Philadelphia that his hourly rate is very expensive.” [How Appealing]

    * More about Morrison & Foerster snagging former Justice Department national security chief John Carlin — the latest in a series of high-profile hires of former government lawyers, including Kathryn Thomson and Jessie Liu. [Law.com]

    * Some good news out of the Charlotte School of Law: students might be getting their spring semester loan proceeds after all. [ABA Journal]

    * Speaking of money, Volkswagen is going to pay a lot of it — perhaps $4.3 billion in fines — to resolve the federal criminal investigation into its cheating on vehicle emissions tests. [New York Times]

  • Morning Docket: 01.09.17
    Morning Docket

    Morning Docket: 01.09.17

    * “It’s Washington’s bloodsport. It’s like the gladiator going into the arena and the public watching.” Senator Jeff Sessions has been preparing for his confirmation hearing for U.S. attorney general since December, and he expects to be grilled on the same allegations of racism that precluded him from landing a federal judgeship in 1986. Something tells us that he won’t have a similar problem this time around. [CNN]

    * “We are very pleased to announce that after extensive discussions with our regulators, we will be starting classes as scheduled.” Charlotte School of Law will be reopening for the spring semester (albeit one day later than previously scheduled), but at this point in time, there’s no word on whether students will be able to procure federal loans to finance the costs of attendance. How are these students supposed to pay? [Charlotte Observer]

    * According to the latest report from the Bureau of Labor Statistics, the legal sector had a great month in December, adding 2,000 jobs and outpacing national figures for the month. All in all, the legal industry is up by 4,100 jobs since the start of 2016, but this is a far cry from where the numbers used to be prior to the recession. By that logic, the legal industry still down by 52,000 jobs since its high in 2007. [Am Law Daily]

    * On January 19, the justices of the Supreme Court will discuss whether they will take up the case to legalize polygamy being brought by the reality TV “Sister Wives” family. If they decide to grant certiorari, it will be the first time in more than 100 years that an issue of this kind will be reviewed by the high court. Just imagine the special episodes and the ratings extravaganza that could result from oral arguments. [FOX News]

    * IMDb.com doesn’t care if celebrities don’t want their true ages revealed online, so in the name of the First Amendment, the site is refusing to comply with a new California law that would require the removal of their age information upon demand. Instead of passing age discrimination laws, California has “chosen instead to chill free speech and to undermine access to factual information of public interest.” [WSJ Law Blog]

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  • Non-Sequiturs: 12.30.16
    Non-Sequiturs

    Non-Sequiturs: 12.30.16

    Ed. Note: Happy New Year everybody! As you can see, we’re closing up shop early today and we’ll be off on Monday.

    * Football player career ends before the Belk Bowl after he’s caught shoplifting… from Belk. Hey, that sensible Southern-inspired activewear wasn’t going to buy itself! [ESPN]

    * Some “assorted stupidity” to get you into the new year. [Lowering the Bar]

    * Motorized wheelchairs are not motor vehicles for the purposes of a DUI prosecution. So go ahead and get grandma loaded tomorrow night. [How Appealing]

    * Speaking of Oregon, the “free speech” uproar over the sanction of Professor Blackface may make some valid points, but they also wildly overstate the case. [Lawyers, Guns & Money]

    * The Supreme Court may be picking up some steam in the new year. [Empirical SCOTUS]

    * Local lawyer competes on Wheel of Fortune. “Inconsistency is my very essence” — says the wheel — “Raise yourself up on my spokes if you wish, but don’t complain when you plunge back down.” To quote Boethius. [Rochester Democrat & Chronicle]

  • Non-Sequiturs: 12.29.16
    Non-Sequiturs

    Non-Sequiturs: 12.29.16

    * The “Obama can still appoint Merrick Garland” trope always seemed stupid and easily reversible. Here’s a thorough explanation of why. [Washington Post / Volokh Conspiracy]

    * Now that Twitter has officially begat a president, it’s time for law professors to fully embrace the platform. Make Academia Great Again! [Prawfsblawg]

    * Someone at Barclay’s is a Simpsons fan… and that knowledge has spawned a DOJ investigation. [Lowering the Bar]

    * The Top 5 Fantasy Sports and Law stories of the year. [Forbes]

    * Discussing the legal status of the different participants in the Rogue One mission. [The Legal Geeks]

    * Should Facebook be in the business of labeling fake news? [Dorf on Law]

    * What’s it like to work in an American firm in London? [Legal Cheek]

  • Morning Docket: 12.05.16
    Morning Docket

    Morning Docket: 12.05.16

    * Although it may seem far from what’s occurred given some questionable statements and tweets about freedom of speech and freedom of religion, House Speaker Paul Ryan says that he’s discussed the Constitution “extensively” with President-elect Donald Trump, including the separation of powers. Let’s see if any of Ryan’s Con Law lessons have an impact. [Huffington Post]

    * Green Party presidential candidate Jill Stein is dropping her recount bid in Pennsylvania because of an inability to afford the $1 million bond required by the state to proceed; after all, “petitioners are regular citizens of ordinary means.” She may not be done with her efforts to prevent President-elect Trump from securing an electoral victory, though. She’ll probably try her hand at a federal case. [New York Times]

    * After months of sometimes violent protests by the Standing Rock Sioux tribe and others, the U.S. Army Corps of Engineers has decided to turn down the permit necessary to grant an easement to build a segment of the Dakota Access pipeline under Lake Oahe, which could contaminate the water supply and damage sacred tribal lands. Will President-elect Trump reverse this decision after he is inaugurated? [Reuters]

    * Cook County Circuit Judge Valarie Turner — who allowed former law clerk Rhonda Crawford to don her robes and hear cases in her stead — has been diagnosed with Alzheimer’s disease and memory loss, which has led the Judicial Inquiry Board to declare her “mentally unable” to perform her job. It is unclear whether Turner had been diagnosed prior to this summer’s incident with Crawford. [Chicago Sun-Times]

    * Valparaiso is facing down a tough decision after years of admitting students with less-than-desirable credentials: Continue to do more of the same, or “face reality and close its law school.” Given the way that things like this generally proceed with law schools, we suppose we can expect the school to try for at least a few more years with diminishing returns for graduates before it decides to throw in the towel. [Chicago Tribune]

    * Katherine Magbanua, the woman indicted on first-degree murder charges and accused of acting as a conduit between two alleged hitmen and whoever ordered Professor Dan Markel’s murder, can access the grand jury testimony of Luis Rivera, who has already taken a plea deal and is working with prosecutors. [Tallahassee Democrat]