Judicial Nominations

Judge Lorna Schofield (S.D.N.Y.) looks like my mom. Is she as divalicious? Let’s hope!

* 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]

* Check out Advisable, an innovative new service for helping lawyers connect with clients; it’s free and easy to join. [Advisable (description); Advisable (application form)]

* 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….

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* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

* Happy Blogiversary to… us. Above the Law turned six years old last week. In blog years, that’s like 100. I think we should put that on the masthead: Above the Law, Established circa 1912. In any event, thanks to all of our loyal readers who have been here from the beginning. Click on the link to take a look at how it all began. [Above the Law]

* Family claims they were kicked off a flight because the airline didn’t want their child with Down Syndrome sitting in first class. If they win, I think they are going to be able to afford a lot of first class flights in the future. [The Consumerist]

* Obama is going to have more judicial vacancies after his first term than he inherited from Bush. Part of the problem is that conservatives know how important the courts are and move to obstruct the President at every opportunity. Part of the problem is that progressives don’t seem to understand how important this issue is. [Boston Review]

* I hope many of you spent your Labor Day not feeling bad about having no paid labor. [The Onion]

* I do not rule out the possibility that the who pretend to be concerned that affirmative-action “hurts” minorities are the biggest goddamn hypocrites on the face of the Earth. [Accuracy in Academia]

* Don’t get me wrong, affirmative-action is so going down this upcoming term. There might be suitable alternatives in its place. I’m just finding it funny how some people are so outraged by this one program that allows colleges to “consider” race while developing their class. I can’t imagine how people would react if there was an inherent racial preference in American society for four hundred years. [SCOTUSblog]


* What happens if a Supreme Court clerk violates the Code of Conduct and leaks information to the press at the behest of a justice? At worst, he’d probably be forced to wash dirty socks from the SCOTUS morning exercise class. [National Law Journal]

* “[T]he great expectations when he was elected have not come to fruition.” Making judicial nominations wasn’t a high political priority, so President Barack Obama will be ending his term with just 125 lower-court appointments in the federal judiciary. [New York Times]

* If there’s anything that Paul Ryan’s good at, it’s soliciting money from lawyers and Biglaw firms. Alston & Bird tops the list of legal campaign contributors, with Patton Boggs in a close second. [Am Law Daily (sub. req.)]

* Apparently the female reproduction system shuts down to prevent conception upon rape. This improbable tidbit from a man who sits on the House Committee on Science, Space, and Technology. [Wall Street Journal]

* But a great way to take some of the heat off of the “legitimate rape” dude is to break news about another Congressman’s nude swim in the Sea of Galilee while in Israel. Excellent work on this distraction. [POLITICO]

* What crisis? Despite a steep decline in applicants, the average law school’s tuition will climb by more than double the rate of inflation this fall. It’s really heartwarming how they put students first. [National Law Journal]

* Customs agents in Los Angeles seized 20,457 pairs of faux Christian Louboutins that would’ve been worth approximately $18M. For this heinous crime of fashion, the offending shoes will undergo a trial by fire. [CNN]

* Karma sure is a Blitsch. Matthew Couloute, the alleged lawyerly Lothario who got slammed by his exes on LiarsCheatersRUs.com, is now being slammed by someone else: his soon-to-be ex-wife. [New York Post]

* Beauty school dropout, no pube hair trimming days for you! Seventeen female plaintiffs have alleged that a cosmetology instructor subjected them to less-than-sanitary lessons in a federal suit. [New York Daily News]

[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.)

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Judge Paul Watford

Congratulations to the newest member of the U.S. Court of Appeals for the Ninth Circuit, the Honorable Paul J. Watford. On Monday, Watford, currently a 44-year-old partner at the super-elite Munger Tolles & Olson, was confirmed to the federal bench. The vote was 61-34, and it came after a bit of drama in the Senate.

It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).

That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).

Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?

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I’m not sure if everyone has noticed, but right now in America gay people are the only people it’s okay to be openly bigoted against. Think about it, you can’t say that Obama can’t be president because he’s black. You have to dress it up and say crap like “he’s Kenyan,” or “he’s a communist,” or whatever. You can’t say that women’s health isn’t important. You have to say “birth control is for sluts,” or something that means the same thing, but allows you to say that “this isn’t a war on women.”

But with gay people, you can openly discriminate against them, and find a bunch of lawmakers who will applaud you. It’s not going to cost you a job. Nobody is going to pull your funding. Hell, North Carolina just put it in their constitution that it’s okay to deny gay people a basic civil right. How sick is that? A constitutional amendment that one group of people doesn’t have the same rights as other groups of people. Even the president basically said that while he personally didn’t hate gay people, it was still cool for each state to determine its own level of antipathy toward gay people, and legislate accordingly.

In that world, it’s not a huge surprise that the Commonwealth of Virginia just voted against a judicial appointment for an openly gay prosecutor because he is gay. That’s it. Not “he’s gay and also a terrible prosecutor,” not even “he’s gay and nobody likes him.” Just being gay was enough for the Virginia House to deny this man an appointment everybody agreed he was qualified for.

We’re living in a society where “f*** them queers” is an entirely valid political, social, and legal argument….

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* Nikki Finke, the Deadline.com diva, disses Debevoise. [Am Law Daily]

* This kind of friendly fun between opposing counsel would surely warm Jay Shepherd’s heart. [The Namby Pamby]

* This opinion describes a murder gory enough to turn the stomach of Bruce Reilly (aka the Tulane 1L Murderer). [You Shall Never Know Security]

* A new national poll on same-sex marriage shows that… Americans aren’t very good at answering poll questions. [Poliglot / Metro Weekly]

* I definitely live it up when in Las Vegas, but even I have a hard time fathoming a $20,000 hotel bill. [Deadspin]

* Law Firm Merger Mania: Fulbright & Jaworski + Norton Rose? [Legal Week via ABA Journal]

* Good luck to S.D.N.Y. nominee Jesse Furman (who’s a talented attorney and a great guy, and who edited my case note once upon a time). [National Law Journal]

* An interesting issue: “In free speech vs. privilege battle, who wins?” [Thomson Reuters News & Insight]

* If we didn’t waste spend this much money on litigation, wouldn’t there be even more unemployed lawyers? [eLocalLawyers]

Say hello to Justice Liu.

Congratulations to Goodwin Liu — until today Professor Liu, but after today, Justice Liu.

In July, California Governor Jerry Brown nominated the 40-year-old Liu, a law professor at Boalt Hall, to serve on the California Supreme Court. The nomination was subject to the approval of a three-member state commission.

What did the commission have to say about the Liu nomination?

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Sheryl Sandberg

* Shocker: tenured law professors are well-paid (check out their median salaries), and they enjoy high job satisfaction. [TaxProf Blog]

* Congratulations to David Boies and Ted Olson on winning the American Bar Association Medal, for their remarkable work on Perry v. Schwarzenegger (aka the Prop 8 case). [American Foundation for Equal Rights]

* In other LGBT news, lawyer turned pundit Ann Coulter makes nice with the gays, claiming her crown as the “Queen of Fabulous.” [Poliglot / Metro Weekly]

* Meanwhile, the Queen of Facebook, Sheryl Sandberg, gets profiled by the New Yorker. Here is Professor Christine Hurt’s take. [The Conglomerate]

* In the law firm world, beauty contests pit one law firm against another. In the strip-club world, beauty contests pit one vajayjay against another. [Fashionista]

Harry Wellington

* If you leave your bag of meth at the tanning salon, don’t go back for it. [Legal Blog Watch]

* The London riots show how technology and social media can be used to commit or to combat criminal activity. [Associate's Mind]

* Obama is taking his time on judicial nominations but at least he’s promoting diversity, reports John Schwartz. [New York Times]

* The ideas that Zach Shemtob and I discussed in our NYT op-ed are explored in greater detail in this (mercifully short) piece for the Tennessee Law Review. [SSRN]

* Harry Wellington, former dean of Yale Law School and New York Law School, RIP. [Yale Law School]

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