Howard M. Wasserman
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Non-Sequiturs
Non Sequiturs: 01.27.19
* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, “Why are Democrats fighting the judicial nomination of a qualified gay minority?” Good question! [The Federalist]
* Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it’s the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [Bench Memos / National Review]
* And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues that Rao’s views on campus sexual assault — from 25 years ago, so who knows whether or not she still holds them — are “align[ed] both with statute and today’s mainstream opinion.” [City Journal]
* Litigation over a watchdog commission for handling complaints of prosecutorial misconduct in New York State involves a lot of legal luminaries, including Jim Walden and Jacob Gardener of Walden Macht, Jim McGuire and Daniel Sullivan of Holwell Shuster & Goldberg, and Andrew Rossman, Kathleen Sullivan, and Alex Spiro of Quinn Emanuel. [New York Law Journal]
* Could Nick Sandmann and the Covington boys file libel lawsuits over some of the commentary on their controversy? It could be an uphill climb, according to Eugene Volokh (a First Amendment expert, and hardly anyone’s idea of a leftist). [Reason / Volokh Conspiracy]
* But if Covington cases do get filed, they could give rise to some interesting issues of civil procedure, as Howard Wasserman notes. [PrawfsBlawg]
* Many lessons can be learned from the Fyre Festival debacle — and one of the legal ones is that FTC disclosures actually matter. [All Rights Reserved]
* If you’re a liberal or progressive appellate litigator interested in taking on the Trump Administration, check out this new job posting from the good folks at the CAC. [Constitutional Accountability Center]
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Law Schools
The Dan Markel Case: The Latest Developments
As another year draws to a close, the killers of Dan Markel have not yet been brought to justice. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
9th Circuit, California, Gay, Gay Marriage, Quote of the Day, SCOTUS, State Attorneys General, Supreme Court
No More H8, Only Love: An AG's Ninth Circuit Plea
Because it could take a month or more for gays to marry in California, the state's attorney general is begging the Ninth Circuit to act now.
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Baseball, Inappropriate Venue, Law Schools, Non-Sequiturs, Sports
Non-Sequiturs: 02.25.13
* Ben Weiss suggests that the third year of law school be replaced by special certifications in practice areas. He calls these “O’Wendells.” I like the idea, but the name sounds dirty. If he really wants to keep with the SCOTUS theme, he could just call it a “Bushrod.” [St. Louis Post-Dispatch] * A guide to the legal landscape surrounding high-frequency trading (the new fad of super-fast, computer-driven trading algorithms swapping stocks in split-seconds). Good, because I like my trading like I like my women: capable of collapsing economic markets at any given notice. [New York Law Journal] * In fairness to this judge accused of “inappropriate conduct” with an inmate, the Miami Correctional Facility is considered the most romantic correctional facility in America. [RTV6 ABC] * Calvin and Hobbes impart an important lesson in International Law. [Invisible College Blog] * Professor Howard Wasserman examines the economics of the infield-fly rule. There’s not even a jokey blurb here; this is intriguing. [Sports Law Blog] * Man suing a church and some of its staff after being invited to a service and then allegedly being accused of demonic possession and beaten. In fairness to the church, if the man was really the devil, filing a lawsuit is the most logical means of revenge he could employ. [Legal Juice] -
7th Circuit, Ann Althouse, Benchslaps, D.C. Circuit, Election 2012, Eugene Volokh, Free Speech, Non-Sequiturs, Politics, Rape
Non-Sequiturs: 08.21.12
* “Kanye West, Kelly Clarkson, and Nietzsche (figuratively) walk into the Seventh Circuit Court of Appeals. Hilarity ensues.” [FindLaw] * The EPA gets benchslapped by the D.C. Circuit. [Instapundit] * What can law firms learn from… the Cheesecake Factory? Besides how to make people fat; Biglaw’s already great at that. [Adam Smith, Esq.] * If you enjoy gambling or legal hypotheticals, check this out. [Legal Blog Watch] * Professor Eugene Volokh examines the tricky tension between constitutionally protected speech and laws against blackmail. [Volokh Conspiracy] Professor Ann Althouse * Professor Howard Wasserman grades Representative Todd Akin’s apology for his “legitimate rape” remarks — and gives the congressman partial credit for “owning” it. [PrawfsBlawg] * Meanwhile, Professor Ann Althouse wonders: “Would the Democrats oust one of their own because he said one thing wrong?” [Althouse] * Don’t forget: tonight is the nomination deadline for our Lawyerly Lairs contest for the best law firm offices in America. [Above the Law] * Our commenting platform, Disqus, is having issues — which may explain why comments are mysteriously disappearing from the site. We apologize for the problem, which we are investigating. [Disqus]