A columnist argues that Robert Bork wouldn’t have changed history. If this sounds crazy, that’s because it is.
Want an inside look at the judicial confirmation process? Tamara Tabo reviews Judge Southwick’s new memoir.
With its critical impact on the world economy and global trade, privacy legislation in Asia has been extremely active in the last several years. A recently released report, Privacy Laws in Asia, written by Cynthia Rich of Morrison & Foerster LLP for Bloomberg BNA, analyzes commonalities and differences in the privacy and data security requirements in countries including Australia, India, Hong Kong and more.
This report gives you at-a-glance access to a side-by-side chart comparing four key compliance areas, a country-by-country review of the differences and special characteristics in the law, and explanations of the common elements of the privacy laws in 11 jurisdictions.
Attorney Misconduct, Biglaw, Confirmations, D.C. Circuit, Environment / Environmental Law, Gender, Job Searches, Money, Morning Docket, SCOTUS, Social Media, Social Networking Websites, Supreme Court, Women's Issues, You Go Girl
* When it comes to the air pollution case that’s currently before the Supreme Court, it seems like the justices had absolutely no difficulty at all in evaluating the type of problem at hand. It’s apparently a “tough” one and a “hard” one. [New York Times]
* Thanks to the historic new Senate rules put into action last month, Patricia Ann Millett, the co-head of Akin Gump’s Supreme Court and national appellate practice group, has been confirmed to the D.C. Circuit. You go girl! [Post Politics / Washington Post]
* The Senate showdown isn’t quite over yet, folks. We could see another confirmation vote on Georgetown Law professor Nina Pillard’s nomination to the D.C. Circuit sometime today. [Blog of Legal Times]
* “We risk failure in having a profession that is as diverse as the country we serve.” OMG guys, the legal profession is bad at diversity. This is new information that no one’s heard before. [National Law Journal]
* Now that the recession is over, women are gaining their jobs back faster than all their male counterparts. Not to worry, guys — they’re still being paid 77 cents to every dollar a man earns. [Corporate Counsel]
* Here are the top five social media mishaps by lawyers and law students of 2013. If you value your career, you should really try not to do any of these embarrassing things during the new year. [Strategist / FindLaw]
Senator Harry Reid finally invokes the so-called “nuclear option” to get President Obama’s nominees on the D.C. Circuit. Here comes the combative spin.
While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times]
* The government shutdown is slowing down the judicial confirmation process, already famous for its speed and efficiency. [The BLT: The Blog of Legal Times]
* More about news for Steven Donziger in his long-running battle with Chevron. Maybe it’s time to surrender, Steve? I hear Ecuador is a great place to retire. [New York Law Journal]
* Law firm merger mania continues, as Carlton Fields combines with Jorden Burt. [Carlton Fields (press release)]
* Herbert Smith Freehills says “you’re hired” to Scott Balber, the lawyer for Donald Trump who got mocked by Bill Maher on national television. [The Lawyer]
* You might see your dog as harmless and cuddly, but the law might see your dog as a weapon (and rightfully so, in my opinion). [New York Times via ABA Journal]
* Congratulations to all the winners of the FT’s Innovative Lawyers awards. [Financial Times]
* And congratulations to Heidi Wendel and Deirdre McEvoy, high-ranking government lawyers headed to Jones Day and Patterson Belknap, respectively. [New York Law Journal]
* Today the Supreme Court will hear argument in McCutcheon v. FEC, a major campaign finance case that some are calling “the next Citizens United.” Check out an interview with one of the lawyers behind it, after the jump. [UCTV]
Marty Lasden of California Lawyer magazine interviewed the severely conservative James Bopp Jr. for the “Legally Speaking” series (in which I previously participated). It appears this interview with Bopp took place before Bopp got bumped from the podium in favor of Erin Murphy, a young superstar of the Supreme Court bar.
8th Circuit, American Bar Association / ABA, Animal Law, Boalt Hall, Confirmations, Federal Judges, Immigration, Law Schools, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Stephen Breyer, Supreme Court
* On this episode of Supreme Court Retirement Watch, we learn that for whatever reason, Justice Breyer is “having the time of his life,” and so once again, all eyes are upon Justice Ginsberg. Maybe in 2015, folks. [The Hill]
* How unusual that a federal judge would see a confirmation in less than three months. If only Chuck Grassley owed favors to all of the nominees. Congratulations to Jane Kelly, now of the Eighth Circuit. [Legal Times]
* Thanks to an unprecedented ruling from Judge Dolly Gee, mentally disabled immigrants facing deportation will be receive government-paid legal representation. New law school clinics, assemble! [New York Times]
* “Among the things the ABA is working on, this may be the most important.” Too bad the Task Force on the Future of Education seems to suffer from too many cooks in kitchen. [National Law Journal]
* Another one bites the dust: Team Strauss/Anziska’s lawsuit against Brooklyn Law School over its allegedly phony employment statistics has been dismissed. Sad trombone. [WSJ Law Blog (sub. req.)]
* Justin Teixeira, one of the Berkeley law students accused in the Las Vegas bird beheading, waived an evidentiary hearing so the media couldn’t squawk about video images they’d see. [Washington Post]
It has long been the case in Hong Kong that most UK law firms and a very small minority of US law firms have three month notice periods for their US associates built into their employment contracts. But until about 18 months ago it was not common for any firm to enforce a three month notice period when a US associate left solo[…]
Bankruptcy, Barack Obama, Biglaw, Confirmations, D.C. Circuit, Deaths, Federal Judges, Free Speech, Howrey LLP, Job Searches, Law Schools, Morning Docket, State Attorneys General, United Kingdom / Great Britain
* President Obama apologized to Kamala Harris after referring to her as the “best-looking attorney general in the country.” We’re guessing the First Lady was none too pleased with her husband’s behavior. [New York Times]
* If you’re unemployed (or were the victim of a recent layoff), try to keep your head up, because there’s still hope for you. According to the Bureau of Labor Statistics, the legal sector added 2,000 jobs last month. [Am Law Daily]
* The 10 percent vacancy rate on the nation’s federal courts is unacceptable and the New York Times is ON IT. Perhaps D.C. Circuit hopeful Sri Srinivasan will have some luck at this week’s judicial confirmation hearing. [New York Times]
* Shine bright like A. Diamond: Howrey’s bankruptcy trustee is still trying to get “unfinished business” settlements from several Biglaw firms, but managed to secure funds from ALAS. [Capital Business / Washington Post]
* Contrary to what law deans tell you in the op-ed pages, if you want to work as a real lawyer, it actually matters where you go to law school. We’ll probably have more on this later today. [National Law Journal]
* Cooley Law took a hard hit in the appeal of its defamation case against Rockstar05, and now the disgruntled blogger may seek a dismissal. Score one for anonymous online speech! [Ars Technica]
* Margaret Thatcher, Great Britain’s first female Prime Minister, RIP. [CNN]
10th Circuit, Benchslaps, Biglaw, Confirmations, Constitutional Law, Guns / Firearms, McCarter & English, Mergers and Acquisitions, Minority Issues, Money, Morning Docket, Musical Chairs, Politics, Racism, SCOTUS, Securities and Exchange Commission, Sonia Sotomayor, Supreme Court
* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]
* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]
* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]
* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]
* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain’s Chicago Business]
* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]
* Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]
* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]
* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post]
* Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times]
* “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle]
* A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)]
* Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette]
* Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jef Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
10th Circuit, Barack Obama, Cars, Confirmations, Federal Judges, Guns / Firearms, Health Care / Medicine, Kids, Masturbation, Morning Docket, Politics, Reader Polls, SCOTUS, Sonia Sotomayor, Supreme Court, Television, Travel / Vacation
* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters]
* Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN]
* Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)]
* But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times]
* A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post]
* One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News]
* You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times]
* Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]
* How much could going over the fiscal cliff cost midlevel to senior associates whose bonuses get paid in January? Here’s an estimate. [Thomson Reuters News & Insight]
* Congratulations to the newest member of the S.D.N.Y. bench: former Debevoise partner Lorna Schofield, the first person of Filipino descent to be confirmed as an Article III judge. [AABANY]
* Judges in my home state of New Jersey are always so fair-minded. Here’s a great recusal motion, directed at Judge Carol Higbee in the New Jersey Accutane mass tort case. [Reed Smith via Drug and Device Law.]
* Make sure you don’t murder any babies before signing up to meet Nancy Grace. [Charity Buzz]
* If you’re looking for a stocking stuffer (affiliate link) for a young lawyer in your life, look no further; Dan Hull has a great recommendation. [What About Clients?]
If you’re interested in Judaism, Supreme Court clerks, or both, there’s a video for you after the jump….
I find Orthodox Jews who are boxers or professional basketball players more impressive than Orthodox Jews who clerked for the Supreme Court (shocking, I know). In case you’re curious as to who is the first Orthodox Jewish woman to clerk for the Supreme Court, watch this video….
2nd Circuit, 9th Circuit, Alex Kozinski, Brett Kavanaugh, Clerkships, D.C. Circuit, Diarmuid O'Scannlain, Fabulosity, Federal Judges, Feeder Judges, Holidays and Seasons, Judicial Nominations, Munger Tolles & Olson, Parties, Pictures, Pierre Leval
Which circuit judge has the most former clerks who are now judges themselves? And how is Judge Kozinski spending the Memorial Day weekend?