A columnist argues that Robert Bork wouldn’t have changed history. If this sounds crazy, that’s because it is.
* Today’s NS is all about stupid stuff you shouldn’t do. A woman poured hot bacon grease on an ex-boyfriend “because it was time for him to go.” She’s going to spend a couple of years thinking about whether that was the best way of telling him. [The Seattle Times]
* If you’re the kind of guy to skip hearings in felony narcotics cases, maybe don’t tattoo Tom Brady’s helmet on your skull. [The Smoking Gun]
* Stonewalling federal judicial nominees. Not cool. [The Tennessean]
* What the hell? Bigamy hearing for congressman’s wife delayed for emergency breast implant surgery. [The Big Story / Associated Press]
* It’s another compilation of “crazy laws” from around the country. Whole bunches of stupid stuff you can’t do. [Slate]
* Republicans swear up and down that the Affordable Care Act only provided subsidies for states that create exchanges. But if that’s the plan, they shouldn’t have left a paper trail of explicitly saying the opposite for years. [The New Republic]
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[…]
* Congratulations (and good luck) to our nation’s new ebola czar — who happens to be a high-profile lawyer. [ATL Redline]
* An update on the Charleston Law/InfiLaw drama. [Post and Courier]
* If they had only taken the pink underwear off the patient before he woke up, he wouldn’t have his panties in a bunch. [Huffington Post]
* Getting people to read law review articles is hard enough; why put them behind a wall? [TaxProf Blog]
* It’s funny that Floridian lawyers are having such a bad reaction to Bad Judge, since the show could actually be reality TV down there. [Daily Business Review (sub. req.)]
* Career advice: if you aspire to the federal judiciary, try to avoid writing blog posts about biting girls in the butt. [Missouri Lawyers Weekly (sub. req.)]
* Congrats to lawyer Lisa Smith on winning the Pitch Week book competition at the When Words Count Retreat! [Street Insider]
Which distinguished lower-court judge came extremely close to landing a seat on the U.S. Supreme Court?
* Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]
* If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]
* Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]
* Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]
* Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]
* Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]
Bill Clinton, Constitutional Law, Elena Kagan, Federal Government, Federal Judges, Judicial Nominations, Politics, Ruth Bader Ginsburg, SCOTUS, Senate Judiciary Committee, Solicitor General's Office, Stephen Breyer, Supreme Court
What juicy revelations about Justices Breyer and Ginsburg appear in the latest set of presidential papers?
A top government lawyer returns to private practice, a top Biglaw partner returns to government, and a firm holds some departing partners prisoner.
1st Circuit, American Bar Association / ABA, Asians, Bankruptcy, Biglaw, California, Judicial Nominations, Jury Duty, Law Professors, Malpractice, Morning Docket, Politics, S.D.N.Y., Technology, Trials
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]
* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]
* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]
* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]
* Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]
* Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]
* Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]
3rd Circuit, Deaths, Department of Justice, Federal Government, Federal Judges, Immigration, Judicial Nominations, Law Professors, Law Schools, Minority Issues, Morning Docket, Racism, SCOTUS, Securities Law, Supreme Court, Video games, Violence
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
* It’s been a good week for amicus briefs. Congrats to Professors Adam Pritchard and Todd Henderson for getting the attention — and perhaps the votes — of several SCOTUS justices. [New York Times]
* How a Cornell law student got her father to foot the bill for half of her pricey legal education. [ATL Redline]
* As I predicted, the Ninth Circuit’s ruling in United States v. Maloney didn’t sweep the alleged prosecutorial misconduct under the rug by granting the government motion without comment. [The Atlantic]
* RACEISM™ alert: federal prosecutors allege that deputies to a North Carolina sheriff accused of racial profiling of Latinos shared links to a violent and racist video game. [Raleigh News & Observer]
* Speaking of mistreatment of Latinos, a recent Third Circuit decision spells good news for some immigrant communities. [Allentown Morning Call]
* Sarah Tran, the law professor who taught class from her hospital bed, RIP. [Give Forward]
My father is a military man. Accordingly, all things in life, from mundane trips to the grocery store to complex life decisions like planning for and choosing a college, was subject to careful, deliberate planning. Digesting evidence and facts was a far better road than the proverbial “crossing of fingers” and trusting that “it will all work out for the best.” Former NYC mayor Rudolph Guiliani said it best when he announced that “Hope is not a strategy.”
I was reminded of this adage when reading a few industry reports compiling data points about corporate legal departments and the ever –increasing complexity of the regulatory environment. Here are some shockers:
Want an inside look at the judicial confirmation process? Tamara Tabo reviews Judge Southwick’s new memoir.
Forget the filibuster; there are other ways to block judicial nominees.
Airplanes / Aviation, Antitrust, Attorney Misconduct, Canada, Dewey & LeBoeuf, Federal Judges, Guns / Firearms, Legal Ethics, Morning Docket, Politics, Ruth Bader Ginsburg, S.D.N.Y., SCOTUS, Stephen Breyer, Supreme Court, U.S. Attorneys Offices
* What led the Senate Democrats to go nuclear? [New York Times]
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
Biglaw, Canada, Dewey & LeBoeuf, Federal Judges, Gay, Gay Marriage, Guns / Firearms, Judicial Nominations, Law Schools, Minority Issues, Morning Docket, Politics, Ruth Bader Ginsburg, Utah, White People
Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.
* Even in a post-nuclear world, Republicans can still block certain judicial nominees. [New York Times]
* A prominent Toronto lawyer has gone missing — and so, allegedly, has $3 million in client trust funds. [Toronto Star]
* Dewey see legal fees in the future for Stephen DiCarmine and Joel Sanders? Well, a $37 million lawsuit won’t dismiss itself. [Law360 (sub. req.)]
* Congratulations to Matthew Layton, the new managing partner of Clifford Chance. [The Lawyer]
* And congratulations to Ralph Pellecchio and Jim Wernz, who were married by none other than Justice Ruth Bader Ginsburg — who even helped them write their vows. [Talking Points Memo]
* Sure, let’s have the whole “is now a good time to go to law school?” debate again. [WSJ Law Blog]
* Especially if you’re a minority, since white people are losing interest in law school. [Am Law Daily]
* Congress can’t even get its act together about real guns, so perhaps it’s no surprise that limits on fake guns are set to expire soon. [New York Times]
* Harry Potter was convicted of obstruction of justice. Just because you’re a wizard doesn’t mean you’re above the law. [Daily Utah Chronicle]
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?