Harvard Law School

Morning Docket

Morning Docket: 04.17.17

* Settlements have been reached between Berkeley Law, the school's former dean, and the dean's former assistant. If you recall, then dean Sujit Chaudry was accused of sexually harassing his assistant, and as part of the settlement, he'll have to pay $100K in fees and charitable donations, but will be considered to be on "sabbatical" until May 2018, keeping all of his benefits. Hmm, do we think this is fair? [Mercury News] * "We have not livestreamed before, but that's not to say that won't happen in this case." The Fourth Circuit is considering livestreaming oral arguments for travel ban 2.0, much like what the Ninth Circuit did with oral arguments for Trump's first travel ban. Maybe you'll be able to do some "professional development" billing... [National Law Journal] * "Arkansas does not intend to torture plaintiffs to death." Judge Kristine G. Baker (E.D. Ark.) has halted a whirlwind series of eight executions -- the state's first executions scheduled since 2005 -- citing a "threat of irreparable harm" if the drug midazolam is used as part of the lethal injection drug protocol and somehow fails. [New York Times] * More and more out-of-state Biglaw firms are flocking to Houston, Texas, to open their own offices, which has inspired many lawyers to leave their current firms for greener pastures -- in terms of both money and opportunities. But is there enough legal work to go around with all of the new competition? Only time will tell. [Houston Chronicle] * Ten Harvard Law student affinity groups are gunning for Professor David B. Wilkins to become the next dean of the school after Martha Minow steps down at the end of the year. They've written a letter to the university president, imploring him to take their advice and select their dean candidate for the position. Check it out. [Harvard Crimson]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.23.17

* "You have been very much able to avoid any specificity like no one I have seen before. And maybe that’s a virtue, I don’t know. But for us on this side, knowing where you stand on major questions of the day is really important to a vote." Despite hours of questioning, Senate Democrats were unable to get Judge Neil Gorsuch to commit to any response beyond researched generalities. At this point, his confirmation seems inevitable. [New York Times] * Sure, Biglaw associates want their firms to be more progressive when it comes to flexible working arrangements, but that doesn't mean they feel comfortable taking advantage of the programs being offered. Per a survey conducted by the Diversity and Flexibility Alliance, only 8.8 percent of lawyers at firms with reduced hours policies actually work reduced hours. We'll have more on this later today. [Big Law Business] * Is this the end of the Swiss verein? While the legal structure has been adopted in almost every major cross-border law firm merger in recent memory, both of the last two transatlantic Biglaw tie-ups opted to use an entity called the company limited by guarantee (CLG). Apparently this legal structure is being favored for new law firm combinations because there are still questions about vereins' proper use. [Am Law Daily] * Dean Alex Acosta of Florida International University School of Law, a man who is better known these days as Trump's nominee to be the Secretary of Labor, not only says the fiduciary rule requiring retirement investment advisers to put their clients' interest first goes too far, but indicated that he may decline to defend a rule doubling the salary ceiling under which employees would be eligible for overtime pay. Ouch. [Reuters] * Now that Harvard Law has decided to accept applicants' GRE scores in lieu of their LSAT scores for admissions purposes, other law schools have decided to try the alternative exam on for size. Suffolk Law, for example, launched a study last week and offered students $100 to take the GRE. Suffolk's dean says that "the mad dash for the GRE is not being driven by declines in applications." Bless your heart. [Boston Globe]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.21.17

* Life moves pretty fast. If you don't stop and look around once in a while, you could miss it... especially when it's rumored that you were the inspiration for seminal 80s character Ferris Bueller and you're now under consideration to be Preet Bharara's replacement as the U.S. Attorney for the Southern District of New York. Edward McNally works for Kasowitz Benson now, but he's reportedly a leading contender for the job. [Wall Street Journal] * Preet Bharara, on the other hand, is now considering taking up teaching at a prestigious law school -- like Columbia, Harvard, or NYU -- or going into private practice at a prestigious Biglaw firm -- like Gibson Dunn or WilmerHale. Who knew being fired after refusing to resign could work out so well? [Wall Street Journal] * Sources claim that President Trump will nominate Makan Delrahim to lead the Justice Department's antitrust division. Currently employed as a deputy in the Office of White House Counsel, Delrahim previously served in the DOJ antitrust division from 2003 to 2005 as deputy assistant attorney general under President Bush. [Big Law Business] * "The noise about lawyers is much more positive right now. Before, it was just negative noise." Law schools may be thanking our president for something that's being referred to as the "Trump bump." Some speculate that applications will surge thanks to the legal profession's prominence in the turbulent early days of his reign. [National Law Journal] * "They say a woman’s place is in the house. I say it’s in the courthouse." The lawyers at New York firm Meyer-Kessler & Shulevitz refer to themselves "double trouble," claim they represent the "new feminism," and they wear bright pink designer outfits every time they go to court. We may have more on this dynamic duo later. [New York Daily News]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.17.17

* Prosecutors raid Jones Day. This is not a joke. [Am Law Daily] * Jim Harbaugh's gonna be pissed. [ABA Journal] * Harvard Law grad sentenced in kidnapping case. [SF Gate] * Judge Gorsuch doesn't really buy legislative history because sticking your fingers in your ears and going, "na, na, na, I'm not listening" is always solid jurisprudence. [Corporate Counsel] * Should privilege cover PR flacks? [Law360] * Lawyers may hate numbers, but clients don't. [Legaltech News] * Florida wants to bolster its stand your ground law, because there's never been any problems with it. [Washington Post]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 03.07.17

* Antonin Scalia's papers donated to... Harvard, obviously. What did you expect? Did you seriously think it was going to be ASSLaw or Ave Maria or something? [Harvard Gazette] * What state is looking to legalize dachshund racing? Because daddy needs a new pair of shoes! [Lowering the Bar] * The surprise dismissal of the Gavin Grimm case complicated the struggle for transgender rights, but it was far from a death knell. [Rewire] * Professor Tribe thinks accusing Obama of illegal wiretapping is grounds for Trump's impeachment. Somewhere, Mike Pence is putting together a nice little scrapbook of all these articles. [Raw Story] * On that note, John Dean is back in the news to explain Watergate to Trump. [The Hill] * With TaxProfBlog's Paul Caron taking over as dean of Pepperdine, here are some changes we expect to see. [PrawfsBlawg] * Sex and the Constitution (affiliate link) is not just a book, it's also peak 3L course name. [Concurring Opinions] * Discussing cybersecurity and our new Russian overlords. [Lawfare] * Law student raps about bar prep to the tune of Gangsta's Paradise. Most of the Anglo-centric jokes go over our heads, but it's some good stuff. [Legal Cheek]

By Joe Patrice