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[…]
Which distinguished lower-court judge came extremely close to landing a seat on the U.S. Supreme Court?
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?
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]
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.)]
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:
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.
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?
* Building bridges instead of burning them: a new Republican strategy that just might work. Thanks to this Senate deal, 14 federal judicial nominees will get confirmation votes before summer. [Legal Times]
* According to this survey, Biglaw firm leaders are wearing rose-colored glasses when it comes to the economy and current business conditions. That said, where are the spring bonuses? [Am Law Daily]
* A jury found Virginia Tech negligent in its handling of the school’s 2007 massacre. The administration will probably appeal, but it’d be nicer if they just appeased the victims’ families. [Wall Street Journal]
* Want a tenure-track teaching position? Just sue. Nicholas Spaeth’s age discrimination suit against Georgetown Law will proceed, much to the school’s chagrin. [Thomson Reuters News & Insight]
* Kim Kardashian + boobs + lawsuit = water cooler fodder for lawyers. [New York Post]
* The American Bar Association can’t handle law schools, yet Obama trusts them to vet potential judicial nominees. Well, seems like they’re doing a bang-up job with that, too. [New York Times] * First the New Jersey bar exam results, and now more MF Global drama. Angry investors want to know if a lawsuit will […]