Howard Bashman
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Federal Judges, Politics
Federal Judicial Nominations: A Quick Recap
The August recess offers a good opportunity to evaluate the state of play in judicial nominations. -
Non-Sequiturs
Non-Sequiturs: 06.22.17
* Senate Republicans take another step forward on repealing the Affordable Care Act aka Obamacare. [MedCity News]
* Shocker: President Donald Trump has no “tapes” of his conversations with James Comey. [Talking Points Memo]
* Our own Elie Mystal breaks down this morning’s Supreme Court decisions, in conversation with Brian Lehrer of WNYC. [WNYC]
* And if you want to read the SCOTUS rulings for yourself, Howard Bashman has links to all of them. [How Appealing]
* Professor Ilya Somin explains how zoning and other land use controls exacerbate the affordable housing crisis. [Volokh Conspiracy / Washington Post]
* Professor Richard Re argues that Bivens isn’t dead — at least not yet. [PrawfsBlawg]
* A great profile of a great rainmaker: Bill Carmody of Susman Godfrey. [Lawdragon]
* A Thomson Reuters tool that takes torture out of timekeeping. [LawSites]
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Non-Sequiturs
Non-Sequiturs: 05.18.17
* Congratulations to Howard Bashman and our sister site How Appealing on 15 great years! [How Appealing]
* Roger Ailes, RIP. [Instapundit]
* Fellowships for training law professors are now a thing — but are they a good thing, wonders Professor Paul Horwitz? [PrawfsBlawg]
* “Immigration, Freedom, and the Constitution” — reflections on these timely topics from Professor Ilya Somin. [Volokh Conspiracy / Washington Post]
* Professor Leah Litman breaks down Rod Rosenstein’s appointment of Robert Mueller as special counsel in the Trump/Russia investigation. [Take Care]
* Tips from cyberspace lawyer Andrew Rossow for victims of the recent “WannaCry” ransomware attack. [Huffington Post]
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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]
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Non-Sequiturs
Non-Sequiturs: 11.27.15
* That was fast! When Howard Bashman (of our sister site How Appealing) talks, the U.S. Supreme Court listens. [How Appealing]
* She doesn’t mention it much on the campaign trail, but Carly Fiorina is the daughter of Article III aristocracy — the late Judge Joseph T. Sneed III, a prominent conservative on the Ninth Circuit. [New York Times]
* Is the supposed “hate crime” at Harvard Law School, involving the placement of black tape on the portraits of African-American law professors, actually a hoax? [Powerline via TaxProf Blog]
* Elsewhere in academia, Professor Glenn Reynolds wonders: “If a cabal of Evil Conservatives set out to destroy academia from within, what, exactly, would it be doing differently?” [Instapundit]
* Star Wars fans, discuss: “The Law is a Sith,” according to Professor Adam Kolber. [PrawfsBlawg]
* Can states bar Syrian refugees? Professor Ilya Somin thinks not (at least under current Supreme Court precedent). [Volokh Conspiracy]
* Thoughts from Professor Ronald K.L. Collins on Hines v. Alldredge, the occupational speech case previously discussed by Tamara Tabo. [Concurring Opinions]
* What can be done about problematic prosecutors? [New York Times via How Appealing]
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Admin, Announcements, Blogging, Media and Journalism
A Most Appealing Announcement
Above the Law and How Appealing are forming an exciting new partnership. -
7th Circuit, Benchslaps, Federal Judges, Health Care / Medicine, Miguel Estrada, Religion, Richard Posner, Rudeness
The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner
Isn't this oral argument painful to listen to? -
American Constitution Society (ACS), Crime, DUI / DWI, Elizabeth Wurtzel, Jury Duty, Music, Non-Sequiturs, Religion, SCOTUS, Supreme Court
Non-Sequiturs: 09.13.13
* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ] * Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN] * If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE] * A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice] * Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy] * Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast] * On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society] * Then next Tuesday, The Cato Institute’s Center for Constitutional Studies will host a symposium titled “The Supreme Court: Past and Prologue: A Look at the October 2012 and 2013 Terms.” Panelists include Tom Goldstein, Marcia Coyle, and Howard Bashman. [How Appealing] - Sponsored
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9th Circuit, Alex Kozinski, Betty Fletcher, Deaths, Federal Judges, Quote of the Day, Weirdness, William Fletcher
Quote of the Day: What's the Bluebook Parenthetical for That?
A Ninth Circuit potpourri: a highly unusual opinion, and the passing of a prominent liberal judge. -
7th Circuit, Benchslaps, Federal Judges, Frank Easterbrook, Practice Pointers, R. Ted Cruz, Screw-Ups
Benchslap of the Day: Judge Easterbrook Benchslaps Biglaw
Lately the Seventh Circuit has been laying down its pimp hand. Biglaw just got a big benchslap -- from none other than Chief Judge Easterbrook. Which firm incurred His Honor's wrath, and for what alleged infraction?