Justice Scalia’s denial of drama is pretty funny, actually. Let’s read about it — along with the latest opinion polls about public approval of the SCOTUS….
Above the Law readers weren’t particularly fond of Judge Jerry E. Smith’s “homework assignment” for the U.S. Department of Justice. In a reader poll, about two-thirds of you expressed disapproval of the Fifth Circuit ordering the DOJ to submit a three-page letter discussing judicial review. (The order came in the wake of, and in apparent response to, unfortunate comments on the subject by President Obama.)
But let’s say that you’re among the one-third of readers who view Judge Smith as courageous for calling out a former Con Law professor for making misleading statements about judicial review (statements that, in fairness to the president, he subsequently clarified). Let’s say that you’d like nothing better than to clerk on the Fifth Circuit for Judge Smith.
Well, aspiring law clerks to Judge Smith, there’s something you should know….
* Being 15 minutes early to crucial meetings is not all that it’s cracked up to be. [The Ying-a-Ling]
* Law school fiction: possible comic gold, possible Shakespearean tragedy. Check out excerpts from Cameron Stracher’s work in progress. [The Socratic Method]
* The key for women getting ahead in 2012: working for companies that don’t discriminate against women. I mean, it’s underwhelming advice, but voting with their feet is a big thing women can do to improve gender equality in the legal marketplace. [The Glass Hammer]
* It’s a point worth emphasizing: working a full-time job while in law school and doing well at said law school are basically incompatible goals. At least in this day and age. Maybe law school was easier for the Boomers because there was less competition (from, I don’t know, women and minorities). [Constitutional Daily]
* Note that this decision in support of federalism, the subject of a new article by Professor Ilya Somin, came from a unanimous Supreme Court. It’d be nice if Republicans could remember that this election season, instead of calling every progressive a devotee of centralized authority. [The Volokh Conspiracy]
* Is anybody still using Google Plus? Any lawyers? Bueller? Frye? [Legal Blog Watch]
* “Ten Worst Things for a Law Prof To Put on a CV.” [The Faculty Lounge]
* Think of this as another warning against taking sexually explicit photos of yourself. Or buying suspiciously cheap used computers. [Not-So Private Parts / Forbes]
* Musical Chairs: Sri Srinivasan, chair of the appellate and Supreme Court practice at O’Melveny & Myers, is leaving OMM to serve as principal deputy to Solicitor General Donald Verrilli. [Main Justice]
* What is up with Georgia judges? Another one bites the dust: Judge Douglas Pullen leaves the bench, terminating an investigation by the Judicial Qualifications Commission. [Atlanta Journal-Constitution]
* Should the police be able to use mobile-phone location data in order to locate a charged defendant? Kash reports on a recent decision. [Not-So Private Parts / Forbes]
* More importantly, should Bert and Ernie of Sesame Street get “gay married”? [Althouse]
* The ABA takes a lot of blame for the inadequacy of graduate employment reporting by law schools, but at least they’re taking “a step in the right direction,” according to Professor Gary Rosin. [The Faculty Lounge]
* Professor Ilya Somin: “The Decline of Men or Just the Rise of Women?” [Volokh Conspiracy]
Raj Rajaratnam
* Leave it to a whiny law student to complain about getting a package delivered before its estimated arrival time. [White Whine]
* “The Revenge of the Rating Agencies”: no, it’s not a horror film, but an interesting NYT op-ed by Professor Jeffrey Manns. [New York Times]
* Lawyers for Raj Rajaratnam argue that their client deserves a lower prison sentence due to a “unique constellation of ailments ravaging his body.” There’s a whole lot to ravage. [Dealbreaker]
* If you’d like to lose your appetite, read this Texas lawyer’s profane blog chronicling his effort to eat cheaply for a month (under $12.50 for every meal). [30 Days @ $12.50]
* No need to email us that Kentucky judge’s (very funny) “tick on a fat dog,” “one legged cat in a sand box” order, regarding a case that settled, obviating the need for a trial — we covered it last month. Thanks. [Above the Law]
[N]eedless to say, I have not read the nineteenth edition. I have dipped into it, much as one might dip one’s toes in a pail of freezing water. I am put in mind of Mr. Kurtz’s dying words in Heart of Darkness — ‘The horror! The horror!’ — and am tempted to end there.
— Judge Richard Posner, in a scathing Yale Law Journal review of The Bluebook: A Uniform System of Citation (19th ed.).
* Professor Stephen Bainbridge has another theory on how “Tiger Mother” Amy Chua got hired by Yale; there’s always more than one way to skin a cat. [Professor Bainbridge]
* What, do you want Apple’s quarterly filings to include reports on Steve Jobs’s colon? [WSJ Law Blog]
* You can’t make a law that favors one religion over another. But, in Alabama at least, it’s perfectly okay for the governor of the state to talk about how everybody should prefer his religion over all others. [Gawker]
* It’d be great if everybody remembered Martin Luther King’s essential message of non-violence. [A Public Defender via Blawg Review]
Wasn’t this the plot to the generally unwatchable Hancock? Doesn’t Will Smith goes into an alcoholic funk after he gets sued?
Wasn’t this also the set up of The Incredibles? They outlaw superheroes because of all the property damage they’re causing?
How long before the History Channel turns this blog into a television series? I say it’s out no later than the release date of the next Spiderman movie.
Speaking of Spiderman, did you hear that one of the actors in the Spiderman musical on Broadway fell out of the sky last night? It’s kind of horrifying, but you know: tonight thank God it’s them, instead of you.
Anyway, let’s take a look at these law dorks who have given up trying to ever impress a woman…
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The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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Actually, just like most cert petitions, drama got denied. In an interview last night with Piers Morgan of CNN, Justice Antonin Scalia, the Supreme Court’s longest-serving member, denied that he had any kind of tiff with Chief Justice John Roberts over National Federation of Independent Business v. Sebelius (aka the Affordable Care Act case, aka Obamacare).
Continue reading “The Not-So-Young and the Restless: Drama at One First Street?”
