John Roberts
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John Roberts, Law School Deans, Law Schools, Music, Non-Sequiturs, Religion, SCOTUS, Supreme Court
Non-Sequiturs: 07.02.13
* Another interpretation of the Shelby County decision posits that the Roberts Court is a lot like the Walking Dead, just less entertaining. [Huffington Post] * Dean David Schizer is leaving. [The Faculty Lounge] * Missouri tried to “save Christmas” from heathens, but had its efforts stymied when the governor realized it could literally set the state on fire. [Volokh Conspiracy] * Cardinal Dolan, America’s most prominent Catholic bishop, apparently shifted Church assets to keep them from falling into the hands of abuse victims. Perhaps he could have exerted the same effort keeping abuse victims out of the hands of abusers? [NY Times] * It looks like a Paul Weiss associate, Molissa Farber, is still alive in the $1,000 No-Limit event at the World Series of Poker. Maybe she’ll be able to pay off her loans sooner rather than later. [Poker News] * Did you enjoy Milli Vanilli? Perhaps you’d like watching air guitar? The national semifinals are in New York tonight. [Bowery Ballroom] -
9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court
Morning Docket: 07.01.13
* Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]
* The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]
* Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]
* In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]
* On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]
* Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]
* Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]
* Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]
* Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]
* Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]
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Department of Justice, Election Law, John Roberts, Labor / Employment, Non-Sequiturs, SCOTUS, Supreme Court, UVA Law
Non-Sequiturs: 06.28.13
* Half-Law office, Half-Barbershop. That makes sense, I’ve seen some haircuts that should be crimes. We hear they even have a $5 haircut special called “The Misdemeanor.” [New Britain Herald] * The editors of Ramblings on Appeal give their takes on Shelby County. Rarely has truer legal analysis been offered than characterizing Roberts’s decision as, “Oh and I have five people on my side, you only have four, so take that.” [Ramblings on Appeal] * UVA law professor Chris Sprigman has co-authored an op-ed calling out the NSA. Oh, that guy’s phone is getting tapped. [New York Times] * The Expert Institute continues to draw from popular culture to coach expert testimony. This time it’s Game of Thrones. It’s a handy set of lessons, but “Never Trust a Frey” deserved mention. [The Expert Institute] * The Justice Department is bringing on unpaid attorneys because slave labor is awesome and unpaid internships are never elitist and discriminatory. [Pro Publica] * On that note, Bar President calls for an end to unpaid 3L internships. Video after the jump…
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California, Crime, Federal Government, Gay, Gay Marriage, Health Care / Medicine, Immigration, John Roberts, Law Professors, Law Schools, SCOTUS, Supreme Court, Texas, Violence
Morning Docket: 06.28.13
* Do you think Chief Justice Roberts is the Supreme Court’s “peacemaker”? To be fair, at least he does a better job of tempering all of his judicial rage than his colleagues. [Politico] * According to Prof. John Eastman of Chapman Law, the SCOTUS decision striking down DOMA means Prop 8 is good law in California. Try and wrap your mind around that one. [OC Weekly] * The Senate approved a bipartisan immigration reform plan with a 68-32 vote, and now it’s up to House representatives to take the bill and summarily wipe their asses with it. [Wall Street Journal (sub. req.)] * The good folks at Hobby Lobby quilted for hours yesterday to celebrate the Tenth Circuit’s reversal of a lower court’s denial of an injunction blocking the ACA’s contraceptives mandate. [The Oklahoman] * Texas A&M still hopes to acquire Texas Weslyan’s law school; they’re just waiting for the ABA to look over the paperwork. Welcome, Texas A&M Law, since the takeover will obviously be approved. [WTAW] * Boston bombing suspect Dzhokhar Tsarnaev has been indicted on 30 counts of violence and weapons-related charges. Right now, he’s looking at a possibility of life in prison or the death penalty. [CNN] -
Anthony Kennedy, Antonin Scalia, Clarence Thomas, Elena Kagan, Federal Judges, John Roberts, Politics, Reader Polls, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
How Does This Week Affect The Legacies Of The Nine Supreme Court Justices?
How will history look upon the nine current members of the Supreme Court? And who is your favorite justice? -
Anthony Kennedy, Antonin Scalia, California, Constitutional Law, Gay, Gay Marriage, John Roberts, Lesbians, Paul Clement, SCOTUS, Supreme Court
The Supreme Court Holds That It Is Unconstitutional For The Government To Hate Gay People
What was it like to be at the Supreme Court this morning, when two major rulings on gay marriage were handed down? A report from SCOTUS columnist Matt Kaiser. -
Anthony Kennedy, California, Constitutional Law, David Boies, Gay, Gay Marriage, John Roberts, Lesbians, SCOTUS, Stephen Reinhardt, Supreme Court, Ted Olson
The Supreme Court Rules In Two Major Gay Marriage Cases
Finally! The Supreme Court's long-awaited rulings on gay marriage in California and the Defense of Marriage Act. What did the Court rule? -
Constitutional Law, Election Law, Minority Issues, Politics, Racism, Ruth Bader Ginsburg, SCOTUS, Supreme Court
The Chief Justice Kills Part Of The Voting Rights Act With Kindness (And A Majority Opinion Saying It Is Unconstitutional)
A report on today's Supreme Court proceedings, from our SCOTUS correspondent, Matt Kaiser. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Constitutional Law, Election Law, John Roberts, Minority Issues, Politics, Racism, SCOTUS, Supreme Court
Supreme Court Rules That Section 4 of the Voting Rights Act Is Unconstitutional
Section 4 of the Voting Rights Act has been struck down. Is there anything left? -
Antonin Scalia, Constitutional Law, Elena Kagan, Guns / Firearms, John Roberts, Prostitution, SCOTUS, Supreme Court
The Supreme Court Provides Aid To Disaffected Teenagers And Groups Working With Prostitutes
Today the Supreme Court issued three opinions. Listen up if you're a disaffected teenager, a felon with a gun, or someone who has signed an arbitration agreement. -
Affirmative Action, John Roberts, Quote of the Day, SCOTUS, Supreme Court
No Fisher Opinion? Blame the Supreme Court's Astrologer!
Will the stars be properly aligned next week? We can only hope! -
Anthony Kennedy, Antonin Scalia, Clarence Thomas, Elena Kagan, Fabulosity, Federal Judges, John Roberts, Money, Rankings, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
Who Is The Richest Supreme Court Justice? A Net Worth Ranking
The smallest justice may have the biggest net worth -- plus how the other eight stack up.... -
5th Circuit, Attorney Misconduct, Bar Exams, Biglaw, California, Divorce Train Wrecks, Edith Jones, John Roberts, Legal Ethics, Morning Docket, Patents, Pro Bono, SCOTUS, Supreme Court, Women's Issues
Morning Docket: 06.14.13
* When SCOTUS cases involve public companies and rulings are misinterpreted, it can lead to some pretty volatile stock performance, as was evidenced by yesterday’s highs and lows for Myriad Genetics of BRCA1 patent fame. [Washington Post]
* The ethics complaint against Judge Edith Jones of the Fifth Circuit has been transferred to the D.C. Circuit after receiving a blessing from the Chief Justice of the United States. Uh oh, that’s serious business if Roberts is involved. [Times-Picayune]
* The number of women working in the NLJ 350 is sad. They make up only one-third of all attorneys working in Biglaw, and we’re stuck celebrating the tiniest positive changes. Sigh. [National Law Journal]
* Proskauer Rose’s former CFO, Elly Rosenthal, settled her $10M disability discrimination suit against the firm in anticlimactic fashion, “without costs to any party as against the others.” [Am Law Daily]
* California is obviously trying to one-up New York with this one. In addition to a 50-hour pro bono requirement, they’re pushing for 15 hours of real-world training before bar admission. [The Recorder]
* Try to stop a man from throwing a pie in your husband’s face and in return you’ll be served with your wifely walking papers a few years later. Aww, Rupert Murdoch is such a kind old man. [Bloomberg]
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Affirmative Action, Blogging, D.C. Circuit, Job Searches, John Roberts, Non-Sequiturs, U.S. News
Non-Sequiturs: 06.03.13
* Slave law is still considered “good law” by the courts? Originalism is alive and well! [Post & Found] * For the first time ever, the Washington Post’s scavenger hunt/riddle/prove how pretentious we are competition was won by a single individual. Congratulations to Sullivan and Cromwell’s Sean Memon, an ’08 Duke grad, who prevailed after figuring out that nothing was happening. That makes sense when you read the article. [Constitutional Daily] * Here’s an argument against affirmative action based on the premise that black people at the barest of margins may be hindered by having too good of a résumé. This is, well, wrong, but much more intellectual than the arguments against affirmative action advanced by the Chief Justice. [Ramblings on Appeal] * A San Diego lawyer is seeking a young attorney in L.A. to work for slightly more than peanuts. But the requirements are entertaining, like confidence that “you are going to be the next F. Lee Baily or Johnny Cochran.” The poster is also an “elderly gay man (late 50′s).” Is that really elderly anymore? [Craigslist] * More on the problems facing the D.C. Circuit. Probably a good reason to shrink the complement of the Circuit. [SSRN] * Another look at the business benefits of blogging. Get out there, people! [Likelihood of Confusion] * Hey there, lawyers! The Wall Street Journal would like you to know that you and your ilk are responsible for the student loan bailout. Video after ye olde jump… -
Barack Obama, D.C. Circuit, John Roberts, Judicial Conference, Judicial Nominations, Politics
Senators Call For Shrinking Small, Overworked D.C. Circuit
Republicans accuse President Obama of wantonly fulfilling his legal obligations. -
Biglaw, D.C. Circuit, Election Law, Environment / Environmental Law, Eric Holder, John Roberts, Labor / Employment, Law Schools, Non-Sequiturs, SCOTUS, Small Law Firms, Supreme Court, Technology
Non-Sequiturs: 05.24.13
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday. * Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY] * Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice] * T.J. Duane of Lateral Link was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider] * The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and its a free-for-all against workers. [Free Enterprise] * Law school applications are down, but not as drastically as expected. [Faculty Lounge] * In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money] * A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy] * Do potential clients really care about social media? I “Like” this story. [Associate's Mind] * Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump… -
Antonin Scalia, Benchslaps, Constitutional Law, John Roberts, Politics, SCOTUS, Supreme Court
Righteous Indignation: Conservatives Benchslapping Conservatives
Oh no he didn't! Watch Justice Scalia ladle out the sauce to Chief Justice Roberts. -
Angelina Jolie, Antonin Scalia, Health Care / Medicine, Insurance, Intellectual Property, John Roberts, Patents, Samuel Alito, Supreme Court, Technology, Women's Issues
Yes, It Is Worth Making A Federal Case Over Angelina Jolie's Boobs
Angelina Jolie took action to address her cancer risk. If the Supreme Court gets its act together, more women can follow her example. -
Anthony Kennedy, Antonin Scalia, Celebrities, Clarence Thomas, Elena Kagan, Federal Judges, John Roberts, Media and Journalism, Reality TV, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court, Television
Is Anybody Shocked That Americans Trust TV Judges More Than Supreme Court Justices?
This is just another reason why the justices of the Supreme Court need to be on TV more often. -
Anthony Kennedy, Barack Obama, Biglaw, Clarence Thomas, DUI / DWI, John Roberts, Keker & Van Nest, Law Schools, Melvyn Weiss, Milberg Weiss, Minority Issues, Money, Morning Docket, Racism, SCOTUS, Supreme Court
Morning Docket: 05.06.13
* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI]
* But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal]
* To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times]
* Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones]
* Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily]
* “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters]
* Penn State Law is continuing with its plans to fleece students at two separately accredited sites, because clearly what the world needs right now is MOAR LAW SCHOOLS. [Centre Daily Times]