Josh Blackman

Professor Tim Wu

Sometimes what everybody thinks about the law is more important than what the law itself says. I think that’s what’s happened with net neutrality. It’s become a kind of norm of behavior, what you can and can’t appropriately do with the Internet. It’s got to be open.

– Professor Tim Wu of Columbia Law School, subject of a glowing profile in the New York Times for his work in defense of net neutrality.

(Fun tidbits from the profile that gunners and legal nerds will appreciate — specifically, how to land a Supreme Court clerkship with a weak grade in a 1L core class — after the jump.)

double red triangle arrows Continue reading “The Letter Of The Law — And How To Get A SCOTUS Clerkship With Weak Grades”

In case you thought casebook publishers held students in anything but rank contempt, this will relieve your doubts. A major publisher has decided to alter its business model to exact more misery from students already paying thousands of dollars on textbooks that they will never again crack open after the semester. Because the only way to save money in the book game for law students is to (a) buy used books; (b) sell back your books; or (c) all of the above.

Aspen Publishers wants to rip those options away from students. Starting with their next editions, Aspen is banning resale of their books and trying to enforce the ban by making students return the books at the end of class.

Check out the full policy and what you can do to fight it….

UPDATE (12:10 p.m.): That was fast! Aspen has changed its policy. Full details below.

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In an op-ed published in the Washington Post on Friday, Justice Stevens wrote about his proposal to correct the Second Amendment. His proposal to “add five words” to the Second Amendment to fix it comes from his new book, Six Amendments: How and Why We Should Change the Constitution (affiliate link).

It’s a worthy endeavor for a former justice to examine the Constitution and propose the changes that judicial interpretation alone cannot reach (or at least are not reaching for political reasons). However, if his solutions to the other five amendments are as dumb as his answer to the Second Amendment, we’re all in trouble….

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Justice Scalia is kind of a troll sometimes. He routinely snarks out his fellow justices and is a total dick to legal luminaries like Judge Posner. His belligerence is drenched in sarcasm and usually arbitrary.

In a sense, Antonin Scalia is ATL’s spirit guide.

But when he went after an attorney appearing before him, he got immediately chastised by a fellow justice and raised the ire of even conservative commentators.

In this instance, I’m going out on a limb and say Justice Scalia was absolutely, positively, 100 percent right….

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Ronan Farrow: a former Forbes 30 Under 30 honoree turned contest judge.

Since 2012, the list-loving folks at Forbes have been publishing “30 Under 30″ compilations for various fields of endeavor. The 2014 lists just came out, and they include, of course, a 30 Under 30 for law and public policy. We noted the news in yesterday’s Non-Sequiturs.

Such lists generate great traffic, but they also exhibit a somewhat arbitrary character that can be criticized, even mocked. The New Yorker, for example, took inspiration from Forbes to create 3 Under 3: Entrepreneurs, Intellectuals, Toddlers.

A list of notable legal eagles under 30 presents additional problems. Unlike, say, sports or the arts, where people over 30 might already be “over the hill,” law doesn’t lend itself to super-young prodigies. As Miguel Morales of Forbes points out in introducing the list, “It’s never easy for FORBES staffers to sniff out the 30 best and brightest Millennials making an impact on their fields. In law and public policy, where most people are barely out of law school by 30, let alone blazing trails in their fields, the task sometimes felt farcical.”

Whether it’s farcical or not, we know you want to see the list. Let’s have a peek, shall we?

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Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)

If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.

Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?

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* Congrats to @FenwickWest on landing the big Twitter IPO! #yaylegalfees [American Lawyer]

* The Deal Professor, Steven Davidoff, surveys the legal landscape around the Twitter filing, focusing on the #JOBSAct. [DealBook / New York Times]

* Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]

* An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]

* Good news for the news business: the Senate Judiciary Committee approves a federal media-shield bill. [Washington Wire / Wall Street Journal]

* Nathan Myhrvold, the CEO of a patent holding company, warns that anti-patent-troll sentiment could have unforeseen consequences. [Corporate Counsel]

* Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [Wall Street Journal (sub. req.)]

* Congrats to George Mason Law on its two high-profile hires: D.C. Circuit Judge Douglas Ginsburg and Covington antitrust partner Damien Geradin. [The BLT: The Blog of Legal Times]

* If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]

Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.

In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.

How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?

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* Sagging is one of the best anti-crime tools going. Since it stymies people who actually commit crimes, it seems to work better than stop-and-frisk… [Lowering the Bar]

* From an appellate brief in New York: The “’Question Presented’ stated only “’WHAT’S A BOY TO DO?’” What, indeed. [MyCase]

* Geraldo Rivera is out of an upcoming symposium on the Kennedy assassination reviewing the accuracy of the Warren Report. The reason? This half-naked selfie. I know he’s against wearing concealing hoodies, but dude, there’s a middle ground. [Inside Higher Ed via TaxProf Blog]

* Are energy drinks the next tobacco? ::sips from old-school Four Loko:: [Law and More]

* W(h)ither equity partnerships in Biglaw? [Adam Smith, Esq.]

* Professor Josh Blackman discussing his new book Unprecedented: The Constitutional Challenge to Obamacare (affiliate link). [Josh Blackman's Blog]

* A Blurred Lines parody video made by law students less than thrilled with the date-rapey message of the original. It’s got some language that you don’t want to blast in the office (though, again, it’s fundamentally less offensive than what Thicke actually sings). Embed after the jump…

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* If you thought Stephen Kaplitt’s epic cease-and-desist response was awesome, then you’ll love this work of parody in response to the response, courtesy of New York Law School. [Legal As She Is Spoke]

* Eric Holder comes clean on his involvement with the James Rosen search warrant, and to the chagrin of many, he isn’t plotting the death of journalism. That, or he’s a big liar. You pick. [Volokh Conspiracy]

* George Zimmerman is going to be staring down an all-female jury for the next few weeks in his murder trial. And let me tell you, that’s going to be so much fun when everyone’s cycles start to sync up. [CNN]

* It’s amazing that the Framers’ intentions can be applied to true love. Best wishes to Ilya Shapiro on his new marriage. Professor Josh Blackman is one hell of a wedding speaker. [CATO @ Liberty]

* Is there an appropriate way to deal with cosmetic surgery — like a breast enlargement, breast reduction, or a nose job — in the office? Just be ready for people to talk about you. [Corporette]

* Former Above the Law columnist Jay Shepherd offers up the secret to lawyer happiness in just six minutes, while taking shots at the world’s largest law firm and the world’s shortest movie star. [jayshep]

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