Josh Blackman

There’s really nothing to be said about this great video of Chief Judge Alex Kozinski of the Ninth Circuit….

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Qualified Arby’s employees are literally willing to die for the company.

* Additional thoughts, from Professor Josh Blackman, on Judge Richard Posner’s awesome streak of book reviews. [Josh Blackman]

* Meanwhile, Professor Kyle Graham wonders: How would Judge Posner review Moby Dick, Fifty Shades of Grey, and other classic literature? Incredibly, that’s how. [noncuratlex]

* Apple responded to Samsung’s blame-the-jury appeal with knives out and guns blazing. [Ars Technica]

* This attempt at using a disguise to commit ID theft was so pathetic, I almost feel bad for the guy. And yes, there is a photo. [Lowering the Bar]

* A longtime Arby’s employee fled when a knife-wielding robber broke into the restaurant in the middle the night. And then Arby’s fired her. At least unemployment > dying alone in an Arby’s. [Consumerist]

* Models, runway shows, and confidentiality agreements, oh my! [Fashionista]

Reichen Lehmkuhl

* In response to our contest for the best law firm offices, Vivia Chen proposes a contest for the shabbiest law firm offices — and gets the ball rolling with one nominee. (Hint: CHECK YOU hallways.) [The Careerist]

* Professor Eugene Volokh shares his views on the juicy leaked law review emails we covered earlier. [Volokh Conspiracy]

* And Professor Josh Blackman has some ideas about the identity of the conservative professor discussed in the controversial emails. [Josh Blackman's Blog]

* Villanova hired ESPN’s Andrew Brandt to be the director of the school’s Center for Sports Law. Students would probably be more excited if this meant ESPN was interested in hiring them. [SB Nation Philly]

* Sumner Redstone of Viacom just donated $18 million to Boston University Law. Quick, Boston College, hurry up and find an old rich guy to make a multi-million dollar donation to your school! [Hollywood Reporter]

* Reality TV hottie Reichen Lehmkuhl, perhaps better known for being Lance Bass’s ex-boyfriend, reports that he’s going to law school. He should be required to attend class without his shirt on. [Instinct Magazine]

Grind up some brilliant legal theories, spice liberally with Bluebook-compliant citations, and voilà — law review articles!

Have you ever wondered how the law review sausage factory works? Perhaps you’re a law professor or practitioner who regularly submits pieces to law journals for possible publication. If you are, and if you’d like to know more about how the process works — or, more to the point, what law review editors say about you behind your back — you’ve come to the right place.

Thanks to the wonders of technology, collaborating with far-flung colleagues has never been easier. Here at Above the Law, for example, your four full-time editors — myself, Elie, Staci, and Chris — keep in touch throughout the day using Gchat.

But what if, due to inadequate security, your organization’s internal deliberations were accessible to the public? And, in some cases, even crawled by search engines?

What if you were, say, law students at a highly ranked law school, where you served as editors of a high-profile law review? And what if your, er, candid and colorful comments about the articles pending before you were to become publicly available?

What then? Let’s find out….

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[L]aw schools are questioning whether or not they are teaching students the right way, and it seems to me that the bench and the bar can engage in serious discussions with the law schools to advise them whether or not, say for the next 20 years… they have the proper approach for teaching those who will soon be the trustees of the law as active practitioners. That is urgent.

– Justice Anthony Kennedy, speaking this week at the Ninth Circuit’s Judicial Conference in Maui.

(Justice Kennedy’s defense of Hawaii as a conference venue, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Justice Kennedy Likes Hawaii; Legal Education, Not So Much”

It should not be surprising that the two dissents have sharply different views on how to read the statute. That is the sort of thing that can happen when statutory analysis is so untethered from the text.

– Chief Justice John Roberts, benchslapping the dissents by Justices Breyer and Sotomayor in Chamber of Commerce v. Whiting.

(The Court upheld, against a preemption challenge, an Arizona law that provides for suspending or revoking the licenses of businesses that violate state immigration law. Gavel bang: Josh Blackman.)

[M]asturbation is a form of “sexual activity” in the ordinary-language sense of the term, which judges use on occasion just as laypersons do. Masturbation is also a “sexual act” in that sense, but not in the statutory sense.

– Judge Richard Posner, doing his best to take all the fun out of jerking off (via Josh Blackman).

On what basis can one be confident that law schools acquaint students with prosecutors’ unique obligation under Brady? Whittaker told the jury he did not recall covering Brady in his criminal procedure class in law school. Dubelier’s alma mater, like most other law faculties, does not make criminal procedure a required course. [FN21]

[FN21] See Tulane University Law School, Curriculum, http://www.law.tulane.edu (select “Academics”; select “Curriculum”) (as visited Mar. 21, 2011, and in Clerk of Court’s case file).

– Justice Ruth Bader Ginsburg, dissenting, in Connick v. Thompson (via Josh Blackman, who provides additional context and excerpts from the opinions; there’s also discussion of the case at Gawker).

That decision is as inexplicable as it is unexplained. It is reversed.

– opinion of the Supreme Court in Felkner v. Jackson, benchslapping the Ninth Circuit through a unanimous, per curiam reversal of an unpublished memorandum disposition. (For more context, see Josh Blackman or read the SCOTUS opinion.)

The Supreme Court has yet to decide 56 cases for the October 2009 term. In this installment, we provide predictions for Bilski v. Kappos, American Needle Inc. v. NFL, Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board, Black v. United States, and Graham v. Florida.

American Needle considers whether the National Football League, its teams, and their licensing agent’s function as a single entity for purposes of the Sherman Act. A majority, 60% of the members of the league are predicting an affirmance of the lower court, at a 95% confidence. The SMRs show a tendency for the liberal justices to join with the conservatives in this decision, with Sotomayor most likely to join in the majority.

Stop the Beach considers the limits on state authority to restore storm-eroded beaches or lakefronts. Eighty-four percent of the members of the league are predicting that the Supreme Court affirms the Florida Supreme Court. In this case, the SMRs show that there is a strong potential for a conservative objection to the majority position, with Thomas possibly being the most vocal objection. This is not a big surprise in light of Justice Thomas’ staunch defense of property rights. The liberal justices are really strong for this case. Though Stevens’ low SMR is due to the fact he has already recused himself from this decision. Though, not everyone has followed this news, and some have cast votes for Stevens.

Predictions for PCAOB, Black, Graham, and Bilski, at JoshBlackman.com.

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