Guns / Firearms
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Finance
Second Amendment News By The Numbers: Bump Stock Ban Makes Trump More Of A Gun Control President Than Obama Ever Was
Trump's most significant gun control policy achievement to date outstrips Obama's by nearly a full order of magnitude. -
Morning Docket
Morning Docket: 11.20.18
* ACLU and Center for Constitutional Rights score win with court order proclaiming the obvious: No, you can’t blanket deny asylum seekers. [Associated Press via Huffington Post]
* Cyrus Vance accuses someone of seeking publicity over justice. [Variety]
* Are you suggesting that law firms and clients don’t listen to each other? [American Lawyer]
* The Trump administration wanted to share census answers with the cops… which is why they were so hot to get those illegal citizenship questions on there. It’s like 3D checkers of bumbling xenophobia over here. [Washington Post]
* The SEC’s whistleblower program handed out more awards this year than ever before! Unsurprisingly, the article makes no mention of Justice following up on any of these financial crimes. [Law360]
* Third Circuit taking a stab at New Jersey’s ban on high-capacity magazines — just as the Framers’ envisioned. [New Jersey Law Journal]
* What are law schools training students for? Debt management, maybe?[Forbes]
- Sponsored
Generative AI In Legal Work — What’s Fact And What’s Fiction?
Zach Warren from the Thomson Reuters Institute discusses the potential and the pitfalls. -
Crime
To Address Mass Shootings, It’ll Take More Than Just Gun Control
Most of the people responsible for mass shootings suffer mental illnesses. How can we help them before it's too late?
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Law Schools
Student From Top Law School Posts Threatening Video With Gun On Social Media
The school has issued a 'stay away' order against the student in question. -
Intellectual Property
Pharrell Raises Copyright Claim Against Trump’s Use of 'Happy' At Campaign Rally After Pittsburgh Synagogue Shooting
Pharrell has a strong claim for copyright infringement for the unlicensed (and highly inappropriate in light of the context) use of his work. -
Health / Wellness
Squirrel Hill Is My Beating Heart
I mourn for my fellow Jews. I honor them. I remember them. I cry for them. I stand with the Jews of Squirrel Hill. -
Constitutional Law
Gun Control Policies Have Been Destructive, Ineffective, And Unnecessary
Dread it, run from it, the brutal reality of prohibition still arrives as long as significant portions of the population demand it as a policy solution. -
Courts
Gunman Killed, 4 Injured In Courthouse Shooting
All of the people who were shot had injuries that were not life-threatening. - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Law Schools
Former Law School Student, Current Wacko, Charged With Sexual Assault Of A Minor
3D guns guru faces some legal problems. -
Morning Docket
Morning Docket: 09.14.18
* Paul Manafort pleading guilty. Because… witch hunt or something. [CNN]
* Brett Kavanaugh could “halt or reverse our progress toward gay equality.” Is this all it takes to get an op-ed in a mega circulation paper these days? Just say obvious stuff? I’ve really been overthinking this. [USA Today]
* Betsy DeVos reversing campus rape rules to make Baylor great again. [Law.com]
* Bill Brewer bounced from NRA case because it was absolutely the right thing to do. [Washington Post]
* A close look at three law-abiding people who are about to be converted to “illegal” humans by this administration. [Courthouse News Service]
* Tish James will be New York’s next Attorney General and all she had to do to win was promise not to use the powers of the Attorney General. [Law360]
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Biglaw
Biglaw Practice Leader Shot And Killed In Domestic Dispute
A suspect was arrested for his death after a brief SWAT standoff. -
Technology
School Board Demands Journalists Be Punished For Reporting On The School Board's Redaction Failure
Sometimes lawyers need to understand basic technology.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Generative AI In Legal Work — What’s Fact And What’s Fiction?
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Sponsored
The Business Case For AI At Your Law Firm
Legal AI: 3 Steps Law Firms Should Take Now
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Non-Sequiturs
Non-Sequiturs: 08.05.18
* Joel Cohen tackles a tricky issue: how far should a lawyer go when defending a controversial client — e.g., Bill Cosby — in the court of public opinion? [Law and Crime]
* How much does being a conservative or libertarian hurt you when applying for a position as a law professor? James C. Phillips attempts to quantify the “rank gap.” [SSRN]
* Some thoughts on the case involving 3D-printer gunmaking instructions, from Eugene Volokh — who, not surprisingly, has a take that’s a bit more nuanced than Elie Mystal’s. [Volokh Conspiracy / Reason]
* Happy blogiversary to Artificial Lawyer — a great resource for anyone interested in the intersection of AI and the law. [Artificial Lawyer]
* C. Boyden Gray, a former White House Counsel, offers a clear and persuasive explanation of why seeing all the documents that Brett Kavanaugh sent or received during his time as White House Staff Secretary isn’t going to aid in evaluation of his SCOTUS nomination. [The Hill]
* From leading Supreme Court lawyer Lisa Blatt: “I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh.” [Politico]
* And here’s more support for the SCOTUS nominee, from Kathryn Cherry, a former Kavanaugh clerk (and an African-American woman — one of Judge Kavanaugh’s many female or minority clerks).
https://www.youtube.com/watch?v=PBjEJPdAOPo&feature=youtu.be
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Non-Sequiturs
Non-Sequiturs: 07.29.18
* Amy Howe has highlights from Judge Brett Kavanaugh’s completed questionnaire for the Senate Judiciary Committee — including the five different law firms where he worked as a summer associate. [SCOTUSblog]
* Despite Judge Kavanaugh’s impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought — and Adam Feldman explains why. [Empirical SCOTUS]
* In other nominations news, Veronica “Ronnye” Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bounds, whose Ninth Circuit nomination was defeated last week. [Oregonian]
* Does the failure of the Bounds nomination spell trouble for the Kavanaugh nomination? Here are some thoughts from Elizabeth Slattery and me. [SCOTUS 101 / Heritage Foundation]
* Had he been confirmed, Ryan Bounds would have replaced his (and my) former boss, Judge Diarmuid F. O’Scannlain — who just penned a landmark Second Amendment opinion, Young v. Hawaii, that could very well wind up before SCOTUS (and allow the Court to settle a circuit spit). [Volokh Conspiracy / Reason]
* Speaking of the Ninth Circuit, Chris Walker has some concerns about the late Judge Stephen Reinhardt casting the deciding vote in an important tax law case, some four months after his passing. [Notice & Comment / Yale Journal on Regulation]
* Why is the internet such a cesspool today? Media lawyer Charles Glasser identifies five factors behind the decline (and gives a shoutout to Above the Law’s dearly departed comments section). [Daily Caller]
* Elsewhere in the First Amendment world, Joel Cohen and Dale Degenshein argue that it should be easier for parties to have documents sealed in litigation. [The Hill]
* If you appreciate the dying art that is the book review, check out Alice Lloyd’s beautifully written review of Robert Anthony Siegel’s Criminals: My Family’s Life on Both Sides of the Law (affiliate link), which paints a portrait of his father, Stanley Siegel — “a big-hearted and brilliant,” but deeply troubled criminal defense lawyer. [Weekly Standard]
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Morning Docket
Morning Docket: 07.25.18
* Lanny Davis, lawyer to Michael Cohen, was instrumental in leaking the Trump/McDougal tape to CNN last night. It’s now official: Cohen has turned on Donald Trump. Listen to it here. [CNN]
* Michael Avenatti, lawyer to porn actress Stormy Daniels, says he’s interested in discussing a settlement with Michael Cohen about his client’s “hush agreement” to keep quiet about her 2006 affair with Trump. Avenatti says a meeting was scheduled, then canceled by Cohen’s other lawyer, and now they’re calling each other liars. This is all par for the course. [CNN]
* A split three-judge panel of the Ninth Circuit has ruled that the Second Amendment allows the open carrying of guns in public. This comes two years after the court ruled that the Second Amendment did not allow the concealed carrying of guns in public. You can expect this to be appealed to the Ninth Circuit en banc. [Associated Press]
* Dentons has come out swinging with denials against a sexual harassment case that was filed by a business development specialist last month, claiming that not only is the suit without merit, but that it also “misappropriates” the #MeToo movement. We’ll have more on thisinteresting development later today. [American Lawyer]
* If you live in a two-lawyer household, should you be sharing client secrets? The Ohio Supreme Court is about to answer that question for us, since there’s apparently no case on the books about anything remotely like this. [Big Law Business]
* If you’re thinking about applying to law school ahead of a career in politics, then you may have to work a little harder to — wait, nevermind, you can go to pretty much any law school since having a J.D. seems to be the gateway to government. [U.S. News]
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Guns / Firearms
MGM Casinos Wager Their Own Sense Of Common Decency
The casino has sued upwards of 1000 victims of the infamous mass shooting in a bid to escape liability. -
Crime
If You Want To Prevent Police From Murdering Black People, You Have To Prevent The Harassing Stops
Pro-white forces will certainly disagree with me. -
Morning Docket
Morning Docket: 07.12.18
* Brett Kavanaugh built up around $200K in debt buying Washington Nationals tickets. This may be the Federalist Society’s biggest vetting failure ever because all real conservative jurists would say they went $200K in debt buying Montreal Expos tickets. [Deadspin]
* Ohio pulls obscure law out of a hat to harass Stormy Daniels for daring to point out that Donald Trump is a scumbag. [NY Times]
* “Jesus never broke immigration law” says Evangelical Trumper whose religion is entirely based on a guy admitting he was an outlaw and getting the death penalty for it. [Vox]
* Just when you were getting used to WestlawNext, WestlawEdge is here to radically change the game. [LegaltechNews]
* Texas professors who don’t want to die will take their case to the Fifth Circuit. [CBS News]
* Lawyer says Shady orchestrated the assault on his ex. [Denver Post]
* Trump pardoned the thugs who put the lives of firefighters in danger and then inspired an armed standoff with federal officers and then Mike Pence’s buddy gave them a private jet home. [Oregon Live]
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Non-Sequiturs
Non-Sequiturs: 06.03.18
* Which lawyers and law firms scored the most SCOTUS arguments this Term? Adam Feldman has the tally. [Empirical SCOTUS]
* And speaking of the Supreme Court, what can lawyers learn from linguists about Heller and the Second Amendment? [LAWnLinguistics]
* Adam Kolber discusses the phenomenon of “judicial bulls**t” — and wonders whether the justices would fail Philosophy 101. [Daily Journal via PrawfsBlawg]
* Are Justice Neil Gorsuch’s long-winded concurrences contributing to the Supreme Court slowdown this Term? Andrew Hamm crunches some numbers. [SCOTUSblog]
* Many of the major precedents in the school free-speech context feature liberal students — but conservative kids can play this game too. [Volokh Conspiracy / Reason]
* Lex Machina’s latest foray into litigation analytics covers the world of trade secrets. [Dewey B Strategic]
* Relativity: not just for ediscovery anymore. [Artificial Lawyer]