Juveniles

* “The situation is an absolute mess.” Last summer’s SCOTUS decision on mandatory life-without-parole sentences for juvenile offenders has created a “legal limbo” for inmates. We hope they find suitable dance partners. [Wall Street Journal (sub. req.)]

* Even after you retire, you apparently still have to deal with the Cebullsh*t from your life on the bench. Former Chief District Judge Richard Cebull’s misconduct review is likely heading to Administrative Office of the U.S. Courts. [Great Falls Tribune]

* Woe unto them that call unpaid work fair: the Second Circuit quickly granted Fox Searchlight an appeal in the Black Swan unpaid intern case in the hope of offering some “much-needed guidance.” [Deadline]

* Which private law schools offer students the best value? Some unlikely contenders are named on this list, and some T14 schools even make appearances. We’ll have more on this later today. [National Jurist]

* GW wasn’t the only school that grew the size of its entering class (although it was the largest increase). William & Mary and Missouri-KC saw big gains, too. Yay, more lawyers! [National Law Journal (sub. req.)]

* If you’re considering applying to law school, think about schools that have lowered their standards and are offering scholarship money like candy. Otherwise, here are some helpful hints. [Huffington Post]

* Henry Putzel Jr., former reporter of decisions at the Supreme Court, RIP. [Washington Post]

DSK wants to know: since when is having a libido a crime?

* What effect will the Supreme Court’s ruling in Miller v. Alabama, striking down life sentences without the possibility of parole for juvenile offenders, have in the real world? [New York Times]

* Coming out of the First Circuit, some good news on attorneys fees for civil rights lawyers. [WSJ Law Blog]

* Speaking of fees, which firms are raking them in as emerging market companies starting emerging onto the M&A scene? [American Lawyer]

* You’ve got to fight… for your right… to teach legal writing at the University of Iowa. At least if you’re a conservative. That’s the allegation by an aspiring academic, Teresa Wagner, which hits a courtroom this week. [Houston Chronicle]

* Former IMF head Dominique Strauss-Kahn wants to know: is enjoying the occasional orgy such a crime? [Gothamist]

* Career alternatives: Mary Wittenberg — chief executive of New York Road Runners, which puts on the New York Marathon — is a Notre Dame law grad and former Hunton & Williams lawyer. [New York Times]

* Former Senator Arlen Specter, an active participant in historic Supreme Court nomination battles, RIP. [Philadelphia Daily News]

Thursday the Supreme Court will sit for its final session of October Term 2011. The Court will issue opinions in all the cases pending before it. For example, the Court will let the American people know whether they ever have a right to lie.

The Court will also rule on the case that, according to a sign I saw earlier, presents the question of whether we need to “Get The Feds Out of Medicare.” I’m not sure about the details of that case though, because it hasn’t gotten much press attention (I only read the Bicycle Times).

Today, however, the Court issued two opinions in argued cases. The fun in the courtroom was not in the opinions, but in the dissents….

double red triangle arrows Continue reading “While We’re Waiting For Obamacare, It’s All About The Dissents”


This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.

In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….

double red triangle arrows Continue reading “What Happened at the Supreme Court Today?”

Goodwin Liu

* Doing hood rat stuff with your friends is less likely to land you in the adult court system now. [New York Times]

* The Quinnipiac Law School registrar might be headed to the pokey on mortgage fraud charges. Add/Drop is now… CLOSED!!!!! No idea what that means. [Hartford Courant]

* Law prof Liu lingers in limbo. Liberals loathe legislative logjam. Lumpy loofah. [Diverse: Issues in Higher Education]

* You’re riding high, working for a prestigious law firm that handles collections, when WHAMO… you’re out 300 large. [ABA Journal]

* “The feds are set to probe new underage-sex charges against pervy financier Jeffrey Epstein.” [New York Post]

* Several states are considering laws that would make it more difficult for college students and others to vote. College students fire back that they’re not going to take this lying down. But they’re going to get a little high first. [Washington Post]

* A Charlie Sheen update: from dealing with fools and trolls to taking on Munger Tolles. Gnarly gnarlingtons. [Hollywood Reporter]

That’s the question the Supreme Court answered in the negative today, in Graham v. Florida. The Court’s opinion was by Justice Kennedy, whose vote usually controls on Eighth Amendment issues, and it was joined by the four liberal justices.

The case generated oodles and oodles of pages and a welter of separate opinions. Thankfully, the AP has a fairly clear and concise summary:

The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven’t killed anyone.

By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.

The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.

Florida: where it’s good to be an old person.

Interestingly enough, Chief Justice John Roberts — not known as a bleeding heart — agreed with the majority as to Terrance Graham specifically. Because he concurred in the judgment, the vote on the disposition of the case was actually 6-3.

The back-and-forth between the majority and the dissent gets quite heated at times. Justice Thomas wrote the main dissent, which Robert Barnes of the Washington Post described as “stinging.” But given the power that Justice Kennedy wields at One First Street, it’s generally unwise to attack him too harshly.

So the most snarky exchange did not involve Justice Kennedy, but took place between Justice Thomas and his soon-to-be-former colleague, Justice Stevens….

double red triangle arrows Continue reading “Can Juveniles Be Sentenced to Life Without Parole for Non-Homicide Crimes?”