Hillary Clinton

* The ACLU prepares to take on Trump in court. [KETV]

* Loving looks like it will be a great movie. Which is particularly relevant as these folks gain power. [Vulture]

* Trend alert? Prosecutors campaigning on less jail time. [Vice]

* Is there a way forward for bail reform? [Leaders of a Beautiful Struggle]

* Trump was probably lying about locking up Hillary Clinton. [Huffington Post]

* Redefining the role of immigration attorneys in Donald Trump’s America. [Law and More]

* Following a concession call from Hillary Clinton last night, and in a “stunning repudiation of the establishment,” Donald Trump was elected as the 45th president of the United States. Congratulations to President-elect Trump. How do you like them apples? This historic election wasn’t “rigged” after all! [New York Times]

* Marijuana also won big in the polls last night. Voters in California, Massachusetts, Nevada, and Maine approved recreational marijuana initiatives, with Arkansas, North Dakota, and Florida approving medical marijuana initiatives, but “[t]here are various ways in which a hostile White House could trip things up.” We’ll have more information on this news later today. [Washington Post]

* As we saw in the ATL electoral law school poll, many practicing lawyers voted for Hillary Clinton, but alas, it was all for naught. For example, Lisa Blatt, head of Arnold & Porter’s appellate and Supreme Court practice, had this to say when asked who she voted for in the election: “Duh! Clinton; early voting; and seriously?” [Big Law Business]

* Despite UCLA Law Professor Richard Sander’s pleas to use the data to support his opposition to affirmative action, the California State Bar need not disclose the race or ethnicity of those who took the bar exam since 1972 because it would amount to an invasion of privacy for those promised confidentiality. [San Francisco Chronicle]

* Per an ALM survey, revenue per partner slipped in 2015 to an average of $468,511, down from an average of $491,729 in 2014. This 4.7 percent decline is the largest ALM has seen since it first started tracking the metric. Why is this happening? “Demand is soft. Quite a few firms still have more lawyers than work for them.” [Am Law Daily]

* This must be an interesting situation for the clothing company’s GC-cum-CEO: After deciding to ignore its own reorganization plan and announcing that it would be winding down its U.K. operations, American Apparel is desperately attempting to stave off another bankruptcy filing and has now resumed talks with potential buyers. [Reuters]

* In the event that the election ends in a deadlock, will the Supreme Court be able to resolve the dispute even though the highest court in the land is currently split 4-4 down ideological lines? No one knows, and that’s “[one] hell of a scary thought.” Not to worry, because there’s a “low probability” that the Supreme Court would have to decide the winner of the 2016 election — “[b]ut if it does happen, it surely won’t be good.” How comforting! [POLITICO]

* The Supreme Court refused to step into a legal battle between the Ohio Democratic Party and the Trump campaign over voter harassment with no dissents, save for a comment from Justice Ruth Bader Ginsburg, who noted that because she was “mindful” of existing Ohio law prohibiting voter intimidation, she was denying the request. Thanks to the Notorious RBG for the reminder not to participate in illegal activities. [Slate]

* Martin Shkreli thinks he’s going to be able to clear his name by forcing Katten Muchin to turn over three years’ worth of documents from the time the firm represented him, with his new attorneys claiming he acted in good faith because he “sought and received his lawyers’ advice and he followed it.” The firm isn’t thrilled about the prospect of having to hand over hundreds of thousands of pages of documents. [Big Law Business]

* The institution formerly known as the South Texas College of Law has unveiled yet another new name after being enjoined from using the name Houston College of Law. The school will now be known as the South Texas College of Law Houston. Your tuition dollars at work: It seems like the school wasted an incredible amount of money to come up with a name substantially similar to its original name. Congrats? [Houston Chronicle]

* The Law School Admission Council recently published a report on the different methods test-takers used to prepare for the LSAT, and it seems that the biggest ground-breaking takeaway from the data is that those who actually studied scored much better on the exam than those who did not. In addition, those who used official LSAC materials and commercial preparation courses fared better than self-studiers. [U.S. News]

* There are many questions, but no answers, as Judge Merrick Garland’s “final reckoning” approaches. His nomination will die if Republican presidential candidate Donald Trump is elected, but would he be confirmed in a lame-duck session if Democratic presidential candidate Hillary Clinton wins? In that case, if Senate Republicans refuse to confirm him after the election, will Clinton re-nominate him after she’s sworn in? Will he ever receive a hearing? Someone please help this poor man. [Reuters]

* With apologies to Judge Garland, the only thing that seems to remain certain is that Senate Republicans are firm in their stance that they’ll continue to prevent the late Justice Antonin Scalia’s seat on the Supreme Court from being filled. Senator John McCain, for example, asked supporters to re-elect him so he can assist his GOP brethren in “prevent[ing] that four-to-four split from tilting to the left.” [Huffington Post]

* According to FBI director James Comey, after review of additional emails found in an unrelated investigation into Anthony Weiner, there’s still no evidence that Hillary Clinton should face any criminal charges over the handling of her email communications while she was Secretary of State. Voters can breathe a little easier now, because there will be no indictments coming for the Democratic presidential nominee. [New York Times]

* Chadbourne & Parke has finally responded to partner Kerrie Campbell’s $100M gender discrimination suit, and the firm didn’t pull any punches, alleging that her practice area was a “poor fit” for the firm, that she “exhibited questionable legal judgment,” and that its decision to ask her to leave was for “entirely legitimate and proper business reasons and without a scintilla of consideration being given to her gender.” [WSJ Law Blog]

* “No purpose will be served by letting him rot in prison for years on end.” Judge Jed Rakoff, a longtime critic of federal sentencing guidelines, has sentenced Harvard Law School graduate-cum-Ponzi schemer Andrew Caspersen to four years in prison for his $38.5M fraud, even though prosecutors sought almost 16 years of time behind bars for his financial crimes — a proposition which Rakoff referred to as “absurd.” [Reuters]

* E. Barrett Prettyman Jr., founder of the first appellate practice, RIP. [Hogan Lovells]

* Janet Reno, first woman to serve as U.S. attorney general, RIP. [New York Times]

* Will ballot selfies ruin democracy? A debate between Rick Hasen and Elie Mystal. [New York Times]

* Tim Kaine’s law school roommate dishes on the experience. [Salon]

* How to survive your first year as an associate. [Ms. JD]

* Thinking about faking it as a lawyer? You could go to jail for that. [Patch]

* Republicans are already talking impeachment if Hillary wins, but can they pull it off? [LawNewz]

* The LGBT Bar Association of Greater New York (LeGaL) is partnering with Legal.io to improve access to pro bono and legal referral services. [Legaltech News]

* Can a president self-pardon? With the investigation of her emails by the FBI and talk of impeachment, this may be a question that Democratic presidential nominee Hillary Clinton may be asking herself should she win the election. While the Constitution probably permits self-pardons, some legal scholars doubt anyone could do so without violating the rule of law. [WSJ Law Blog]

* Sorry, New Yorkers, but you still can’t take ballot selfies on Tuesday. Judge Kevin Castel refused to issue an injunction blocking enforcement of the law since doing so would “wreak havoc on election-day logistics.” After all, “the public’s interest in orderly elections outweighs the plaintiffs’ interest in taking and posting ballot selfies.” [Reuters]

* “If women don’t start suing, and they simply wait to gradually change those numbers, then you and I are going to be having the same conversation ten years from now and twenty years from now.” More women have been suing their firms, but others are afraid to come forward because they don’t want to be blackballed by peers. [Big Law Business]

* “The only thing they could have done to mitigate this was not to open.” Professors from Indiana Tech Law School may have plans to file suit against the school in the future, but according to Professor Brian Tamanaha, they may be facing an uphill battle because they’ll have to prove that the university misrepresented its intentions. [Indiana Lawyer]

* If you want to be a judge, it may be possible to prepare for your future by focusing on your writing, choosing a law school with great clerkship placements, and researching your law school’s employment statistics to make sure you’ll be able to find a job that’s prestigious enough add credibility to your résumé. [U.S. News & World Report]