Immigration

* The Supreme Court will hear oral arguments today on the Trump travel ban case. What’s at stake here, aside from the high court potentially allowing the travel ban to become permanent? The legacy of the Roberts Court also hangs in the balance. A decision upholding the ban could very well be the next Dred Scott, Plessy, or Korematsu, and forever marring this Court’s record. [Take Care]

* Is AG Jeff Sessions recusing himself from the investigation into Michael Cohen, or isn’t he? According to the DOJ, Sessions isn’t involved in any investigations “related in any way to the campaigns for president,” but according to news sources, he hasn’t decided to recuse himself from the Cohen probe quite yet. [Politico; Bloomberg]

* Judge John Bates of the District of Columbia has ruled that the Trump administration’s decision to end the DACA program was “arbitrary and capricious” and “virtually unexplained,” and therefore “unlawful.” Judge Bates ordered that the government must not only continue DACA, but accept new applicants. He stayed his ruling for 90 days to give DHS a chance to explain itself. [Washington Post]

* Kyle Duncan, President Trump’s fifteenth federal appeals court nominee who’s known for litigating disputes involving voter ID requirements, same-sex marriage bans, transgender bathroom access, and the Affordable Care Act’s contraceptive mandate, was very narrowly confirmed to the Fifth Circuit. [Big Law Business]

* According to the Harvard Law Women’s Law Association, there’s a glass ceiling at the school. The faculty is “overwhelmingly male,” and the administration is “turning a blind eye” to the success of women once they’re enrolled. Something has to change so women can achieve as much success as their male classmates. [Harvard Law Record]

* Winston & Strawn revenue up 19 percent last year after securing a hefty contingency fee in the pink slime matter. Despite their victory, we suspect these lawyers are using their windfall on grass-fed free-range beef. [American Lawyer]

* In the continuing war on class actions as a lingering nuisance to our corporate overlords, the Supreme Court may be taking aim at cy pres settlements to “protect the class” by making class actions harder to pull together. [National Law Journal]

* The photographer from the horrendous decision ruling that embedded Tweets are copyright violations is fighting an effort by defendants to get an interlocutory appeal to clear up this travesty as quickly as possible. You know, to save the Internet. [Law360]

* In an article that manages to avoid any reference to Ready Player One, Rhys Dipshan considers the IP challenges facing widespread adoption of VR and AR products. As an example, the article considers what would happen if someone put that famous picture of Albert Einstein into the game. Perhaps the better question is why isn’t that in the public domain and can VR be the technology that finally reverses the broken IP regime Sonny Bono dropped on us? [Legaltech News]

* Can California’s sanctuary laws survive federal assault? Professor Noah Feldman says they should. [Bloomberg]

* Professor Tobias Barrington Wolff considers the sideshow of a career his Penn Law colleague Amy Wax has decided to pursue. [Faculty Lounge]

* Stormy Daniels, the porn actress who was paid six figures in exchange for not spilling the beans about her affair with Donald Trump, is now suing him, claiming that the “hush agreement” she entered into prior to the election is invalid because he never signed it. [Washington Post]

* File this under Not Top Ten: Former ESPN legal analyst and sports anchor Adrienne Lawrence, a onetime associate of Greenberg Traurig, Arent Fox, and McGuireWoods, has filed a sexual harassment suit against the sports network, claiming that SportsCenter anchor John Buccigross constantly harassed her. [American Lawyer]

* Not only will the government be able to seize more than $7.3 million of disgraced pharma bro Martin Shkreli’s assets — including his one-of-a-kind Wu-Tang Clan album — but prosecutors want to throw him behind bars for no less than 15 years. [New York Law Journal]

* Attorney General Jeff Sessions will announce today that the Justice Department will be filing suit against California over its “sanctuary state” laws. As alleged in the complaint, the Golden State’s laws — AB 450, SB 54, and AB 103 — were all created to impede immigration laws. [USA Today]

* “When I heard the gun went off accidentally, that just didn’t ring true. Someone has to pull the trigger. They just don’t accidentally discharge.” Prospective jurors in former Biglaw partner Claud “Tex” McIver’s murder trial weren’t exactly buying his defense. [Atlanta Journal-Constitution]

* Forget about the egregious law school tuition you’ll have to pay in the future, because it can cost quite the pretty penny to apply to law school in the first place. You may want to look into fee waivers so you can save yourself some cash. [U.S. News]

* Billy McFarland, the millennial entrepreneur who organized the disastrous Fyre Festival, has taken a plea deal after defrauding the investors who bought into the failed event. He’s looking at sentence of eight to 10 years in prison. [Big Law Business]

* The NFL is going to ask Jerry Jones to reimburse legal fees spent on Roger Goodell’s contract negotiations because Jones — prudently and responsibly — argued that the league had an obligation not to rubber stamp a multi-million dollar extension to this idiot. You’ve got to hand it to Goodell… he’s made Jerry Jones a sympathetic figure. [NPR]

* Tim Kaine is leading a handful of Democrats in an effort to make it harder to enforce anti-discrimination laws in the housing market. Oh. [Huffington Post]

* Kirkland & Ellis is out there doing crazy stuff to bolster revenue… and it’s working. [Law.com]

* SEC reportedly issuing subpoenas in crackdown on fraudulent ICOs. Apparently, the agency is concerned that some companies handing out magic beans may not be on the up and up. [Bloomberg Markets]

* Alston & Bird tagged by jury as 32 percent liable for its role in enabling millions in ill-gotten gains. [Daily Report Online]

* Harvey Weinstein’s carrier refuses to cover his legal bills. Apparently “Chubb” doesn’t cover horny men accused of misconduct which seems ironic. [Variety]

* A dive into just how badly the Supreme Court kneecapped detained immigrants and their attorneys this week. [VICE News]

* The first editorial from the American Lawyer’s Young Lawyer Editorial Board tackles sexual harassment in the legal industry. [American Lawyer]

* “With respect, I dissent.” Thanks to this Supreme Court opinion, asylum seekers and other immigrant aliens can now be held indefinitely without bond hearings. Justice Breyer was so pissed off that he read part of his 33-page dissent from the bench. [National Law Journal]

* Was Trump compromised? In the latest phase of special counsel Robert Mueller’s investigation into Russian meddling in the 2016 election, members of his legal team have been asking about Donald Trump’s business activities in Russia prior to his campaign, when he was still considering running for president. [CNN]

* Partner billing rates at the biggest of Biglaw firms (750 or more lawyers) continue to climb, and they’re now 45 percent higher than those of slightly smaller Biglaw firms (501 to 750 lawyers). In fact, the gap between the two types of firm grew by 11 percent over 2016. We wonder what the highest hourly rate of all is. [American Lawyer]

* The 2019 edition of the U.S. News law school rankings will be released on March 20, 2018. We repeat, the 2019 edition of the U.S. News law school rankings will be released on March 20, 2018. Prepare yourselves for the annual running of the deans after law schools drop in rank. [Morse Code/ U.S. News & World Report]

* Karma is great: The Weinstein Company will be filing for bankruptcy following a failed deal with investors to sell the tainted film and television studio in the wake of Harvey Weinstein’s sexual misconduct scandal. [DealBook / New York Times]

Ed. note: We will not be publishing on Monday, February 19, in observance of President’s Day.

* Congratulations to my friend and former co-clerk, John Demers, on his long-overdue confirmation as head of the Justice Department’s National Security Division. [Reuters]

* Which lawyers and justices take the lead on the most important Supreme Court cases? Adam Feldman has the answers, as always. [Empirical SCOTUS]

* Professor Ilya Somin breaks down the recent Fourth Circuit ruling on Trump’s Travel Ban 3.0. [Volokh Conspiracy / Reason]

* A leading legal technology company, Kira Systems, is looking for a few good law librarians (to apply for its new job as a Machine Learning Knowledge Analyst). [Dewey B Strategic]

* Lawyer and activist Glenn Magpantay, executive director of the National Queer Asian Pacific Islander Alliance (NQAPIA), explains what’s at stake with the Dream Act. [Advocate]

* Stroock’s Joel Cohen draws lessons for lawyers from the buzz-generating new movie, The Post. [New York Law Journal]

* What role can expert witnesses play in #MeToo litigation? Lawyer Kat Hatziavramidis shares some insights. [Forensis Group]

* The Mrs. Palsgraf of the United Kingdom — a famous torts plaintiff named May Donoghue, who sued a beverage manufacturer after she discovered a decomposing snail in a bottle of ginger beer — is getting a statue erected in her honor. [Legal Cheek]

* Not as bad as sexually assaulting a student intern, but another Biglaw partner stands accused of making degrading, sexually charged comments to a junior attorney. [RollOnFriday]

* In advance of its Global Legal Hackathon (February 23-25), the Global Legal Blockchain Consortium welcomes a new member: Fasken, a leading Canadian law firm. [Artificial Lawyer]