Justice Stephen Breyer

Justice Stephen Breyer

Among The Nine, [Stephen] Breyer is on the cool end of the emotional spectrum, logical to a fault with little if any of the passion that one sees in Ginsburg or Sotomayor on the left, Scalia or Alito on the right, or even Kennedy in the middle….

[H]is ideas have had nothing like the impact of those from his hot-tempered colleague Scalia. After two decades on the bench, the influence of the cold-fish justice is sometimes hard to discern.

– Professor Kenneth Jost of Georgetown Law, commenting on Justice Breyer’s legacy and temperament on the Supreme Court. In Clinton White House papers released earlier this year, Breyer was referred to as “a rather cold fish” when he was evaluated as a possible Supreme Court nominee in the early ’90s.

David Boies: just one great lawyer among many at Boies Schiller.

What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.

But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.

Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?

double red triangle arrows Continue reading “Boies Schiller Expands In D.C. By Hiring Young Legal Superstars”

Madam Justice A. Lori Douglas

* 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]

U.S. Attorney Preet Bharara

* 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.)]


Just married civil unioned!

* Underneath this jurist’s robe you’ll find a sling. Justice Stephen Breyer had to have shoulder replacement surgery this weekend thanks to his latest bike accident, but he’s expected to make a full recovery. [Associated Press]

* A Ninth Circuit judge has ruled that an assistant federal public defender and her wife are entitled to federal health benefits. Take that, DOMA. [Courthouse News Service]

* Judy Clarke, one of the nation’s best capital defense lawyers, will be joining Dzhokhar Tsarnaev’s legal team. She’s pretty good at keeping people alive, but we’ll see how this one goes for her. [Bloomberg]

* The ABA may do away with faculty tenure requirements for accreditation. No security of position? It looks like there’s a storm coming, law professors, so go get your bread and milk! [National Law Journal]

* Prospective law students are being counseled to take advantage of the smaller applicant pool, but it won’t look so small when they can’t get jobs. [Law Admissions Lowdown / U.S. News & World Report]

* “Gay marriage? Hell no, let’s make all marriages civil unions.” Minnesota senators want to put couples on an even playing field — one that isn’t recognized by the government. [WSJ Law Blog (sub. req.)]

A needed essential for Justice Breyer?

Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

* Oh mon dieu, Justice Breyer was inducted as one of just 12 foreign members of France’s Académie des Sciences Morales et Politiques. C’est très chouette pour un Américain, non? [New York Times]

* Man, for a four-seeded firm that got knocked out of our March Madness competition after the Sweet Sixteen, Davis Polk is looking great in 2013’s first quarter as far as legal advising in M&A deals goes. [Am Law Daily]

* Brown Rudnick picked up a California boutique, and it’ll be doubled in size through lateral hiring. No layoffs are currently expected, but no one really advertises that as a merger selling point. [National Law Journal]

* The New York Times: bringing you last month’s news, today! South Dakota is offering a subsidy for law school tuition to keep lawyers in the state. Here’s our post from two weeks ago. [New York Times]

* Pace Law School’s “low bono” residency program was praised by New York’s Chief Judge Jonathan Lippman, but if you’ve got other job offers, Dear Lord, take one of them. [New York Law Journal]

* AIG wants to prevent Hank Greenberg from suing in its name, probably because it’d prefer not to be known as “the poster company for corporate ingratitude and chutzpah.” [DealBook / New York Times]

* “[D]o I cover this really important story and maybe go to jail?” That’s the choice Jana Winter is facing after reporting on James Holmes’s massacre notebook and refusing to reveal her sources. [CNN]

Justice Sotomayor: you wouldn’t like her when she’s angry.

As we recently observed, Justice Sonia Sotomayor could be thought of as the people’s justice. The Wise Latina is also the Warm Latina.

Justice Sotomayor shows up on Sesame Street as well as One First Street. She hugs little girls on her book tour. She hires law clerks from outside the top 14 law schools.

But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….

double red triangle arrows Continue reading “Benchslap of the Day: Justice Sotomayor Thinks You Should Turn Off Your Racist Light Bulb”

‘They stole [accreditation] from us. Sneaky little ABA. Wicked, tricksy, false!’ — FAMU Law

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will be back in full swing tomorrow. We hope you enjoy your day off (or feel free to lament your lack thereof in the comments).

* “[T]hey don’t want to hear nothing.” Vedel Browne, the man accused of robbing Stephen Breyer at machete-point while the justice was vacationing in his home in the Caribbean, now claims that he’s innocent, mon. [St. Kitts-Nevis Observer]

* You know what, the farmer in the Super Bowl commercial probably didn’t have to deal with bullsh*t like Monsanto’s seed patents, but today’s farmers do, and they’ll argue their case before the Supreme Court this week. [New York Times]

* “I’m a betting man. And I would bet and give odds that Sullivan & Cromwell has never said that publicly.” Who dares question S&C’s stance in the hot mess that is Herbalife? None other than Carl Icahn. [Am Law Daily]

* Here’s an important Biglaw math lesson that’s been provided to us via California-based firms like Irell & Manella, Munger Tolles, and Orrick: a little revenue minus a lot of partners equals profitability. [Recorder]

* Amid a flurry of filings on Valentine’s Day, love must’ve been a battlefield for the embattled Dewey & LeBoeuf refugees who were in desperate search of their once promised 2011 bonuses. [WSJ Law Blog (sub. req.)]

* From the department of things that suck: having to defend your office’s alleged “underhanded tactics” in a $150 million wrongful conviction case while you’re trying to get re-elected as district attorney. [New York Times]

* We got bitches in the office lawyerin’ on, and they ain’t leavin’ till six in the mornin’ — unless they want to be fired. An ex-Travers Smith trainee claims she was canned for leaving the firm “early”… at 6:30 a.m. [Telegraph]

* If it weren’t for Cosmo, this woman wouldn’t have known her landlord was an alleged creeper. A Maryland lawyer now faces criminal charges for allegedly filming his female tenants in the nude. [Washington Post]

* “We wants it, we needs it. Must have the precious!” The ABA officially put Florida A&M on notice that its law school accreditation may be in jeopardy if they don’t shape up in terms of bar passage. [Orlando Sentinel]

* What do you do the second you step off a cruise ship that’s been described as “a floating toilet, a floating petri dish, a floating hell”? You grab the very first lawyers you see, and sue! [Nation Now / Los Angeles Times]

Justice Stephen Breyer

I’d forgotten how cute first-year federal clerkship girls are. Damn! I’m definitely getting ass tonight.

– Supreme Court Justice Stephen Breyer, commenting on the “epic f**king rager” hosted by fellow Justice Ruth Bader Ginsburg. Unfortunately, the party was broken up by the police after Justice Antonin Scalia reportedly used the DOJ’s Facebook page to invite “everyone who views the writ of certiorari as essential to a robust judiciary” to “come get shwasted at RBG’s place.”

(In case you couldn’t tell, this quote comes from The Onion, a satirical news site, but that in no way takes away from the overall awesomeness of imagining Supreme Court justices “drink[ing] [their] asses off.”)

Most news you get in life, you know when you’ll get it. Law school grades are posted on a schedule. Your doctor will tell you when the test results are due back. You know when the polls close on election night, and that it will only take so long to count the ballots (though there are some exceptions).

The Supreme Court isn’t like that. Here they are, the closing days of October Term 2011, and all we know is that the Supreme Court will issue opinions at some point in the next few weeks. We don’t know if today is the day.

This creates an odd frustration and excitement in the section of the courtroom where members of the Supreme Court Bar sit.

Today, a number of lawyers recognize Art Spitzer, the legal director for the D.C. area ACLU, sitting in the section for members of the Supreme Court Bar. He was at the Court last week, too. The lawyers sitting and waiting are starved for information about what’s about to happen next.

As lawyers come in, some recognize Art and ask him what opinions the Court will hand down today. He’s a good guy, and reminds them that the only people who know are putting on black robes as he talks. He amicably complains that last week he schlepped all the way down to the Court only to hear a bankruptcy opinion. Art is not interested in the Court’s bankruptcy jurisprudence.

There’s a lot of conversation about what the Court might do today — is life without parole for juveniles constitutional? Is Obamacare? What about the newest Confrontation Clause case? The section of seating for bar members crackles with lawyers eager to show they know what cases are on the Court’s remaining docket.

The Justices come take their seats on the bench — all but Alito — and the Chief Justice announces that Justice Breyer has the first opinion of the day.

We’re on the edge of our seats as Breyer takes a second to make sure he has the attention of the courtroom. He starts to speak….

double red triangle arrows Continue reading “The Waiting Is The Hardest Part”

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