Law Reviews

Keith Olbermann

* Professor Eugene Volokh wonders if Justice Sonia Sotomayor is truly the first disabled justice. [Volokh Conspiracy]

* Speaking of SCOTUS, should President Obama turn it into a campaign issue? First Amendment lawyer Marvin Ammori thinks so. [The Atlantic]

* We recently mentioned Keith Olbermann’s lawsuit against his former employer, Current TV. Now Current is turning the tables with a countersuit. [Thomson Reuters News & Insight]

* Threatening federal financial regulators: not a wise idea. Trader Vincent McCrudden learned that the hard way. [Dealbreaker]

* “Get High, Get Mauled By Bear, Get Workers’ Compensation?” [Legal Juice]

Yul Kwon: coming to a television near you.

* Adventures in trademark law — starring model, socialite, and reality TV star Olivia Palermo. [Fashionista]

* When is the best time to submit articles to law reviews? Professor Shima Baradaran is collecting data. [PrawfsBlawg]

* One of ATL’s favorite celebrities — Yale Law School grad Yul Kwon, the first Asian-American winner of Survivor (as well as a former Second Circuit clerk and McKinsey consultant) — is returning to television, hosting a new show.

What’s the show about? Find out, after the jump.

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Non-Sequiturs: 03.28.12

* A warning label for law school: hey, why not? [Tax Prof Blog]

* What are the laws of the world’s smallest nation? [Ars Technica]

* If we end up with no health care reform, do we have right-wing bloggers to blame? [The Atlantic]

* Speaking of the Obamacare arguments, would a simpler approach have worked for Don Verrilli in front of SCOTUS? [Recess Appointments]

* A new law school on Daytona Beach? Well, I’m sure that school will attract a lot of “talent.” [Daytona Beach News-Journal]

* Professors Miriam Cherry and Paul Secunda ask: Are law review submissions like the Hunger Games? [SSRN]

* Are professors working hard or hardly working? [Adjunct Law Prof Blog]

* Global warming creates jobs? [Slate]

Ah, the Bluebook. Some people love it, but even more people despise it. If you ask my colleague Elie Mystal about the Bluebook, he’ll tell you that it’s the only book in the world he’d actually consider burning in public. Even federal judges hate the Bluebook. In fact, when we held a poll about whether use of the Bluebook should be abolished, 51% of our readers agreed that it should be banished.

All that being said, is it any wonder that a student from a law school in Virginia is raging against the law review’s upcoming Bluebook exam? Several law students have written to us about this student’s “guerilla campaign” against the school’s annual exercise in “academic hazing,” and they have even provided us with copies of this kid’s manifesto. (Yeah, he’s got one.)

Who is this revolutionary, and why does he think the school’s Bluebook exam needs to go?

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[A]mong the world’s democracies … constitutional similarity to the United States has clearly gone into free fall. Over the 1960s and 1970s, democratic constitutions as a whole became more similar to the U.S. constitution, only to reverse course in the 1980s and 1990s. The turn of the twenty-first century, however, saw the beginning of a steep plunge that continues through the most recent years for which we have data, to the point that the constitutions of the world’s democracies are, on average, less similar to the U.S. Constitution now than they were at the end of World War II.

– Professors David S. Law of Washington University in St. Louis and Mila Versteeg of the University of Virginia, in a forthcoming article that will be published in the New York University Law Review. They conducted a study that was discussed in a very interesting article by Adam Liptak, ‘We the People’ Loses Appeal With People Around the World.

And perhaps with Justice Ruth Bader Ginsburg? Which constitutions does she prefer over our own founding document?

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Complete honesty is such a dangerous thing.

I’m going to give it a shot.

I’m posing three questions to myself today. First, why might a lawyer at a law firm choose to write articles? Second, what topics should lawyers write about, and where should they publish the articles? Finally, why might an in-house lawyer choose to write?

The honest truth is that outside lawyers choose to write for many, varied reasons. In-house lawyers might also choose to write for many reasons, but those reasons are different and fewer. Across the board, authors’ motivations for writing will be mixed.

Do I have a right to speak on the subject of publications? My credentials, in a nutshell, are these: Three books; twelve law review articles; two book chapters; about 70 other, shorter articles (in places ranging from The Wall Street Journal and the Chicago Tribune to Pharmaceutical Executive and Litigation); and maybe 600 blog posts (roughly 500 at Drug and Device Law and north of 100 here). Call me nuts (and I may well be), but I’ve spent a professional lifetime doing a ton of “recreational” legal writing.

Why did I do it? Should you?

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* The Supreme Court will hear oral arguments on Obamacare over three days in March. Let’s fast forward to June so we can see how Election 2012 is going to turn out. [Blog of Legal Times]

* The Grinch definitely stole AT&T’s Christmas this year, and even a team of Biglaw superstars couldn’t save the day. The company’s merger deal with T-Mobile is now officially dead. [Am Law Daily]

* A bed and breakfast owner told this lesbian couple aloha before they could even say aloha, and now they’re suing. And here I thought that Hawaii specialized in tiny, gay bubbles. [Washington Post]

* James Franco doesn’t just get bad grades on Rotten Tomatoes. José Angel Santana, one of his former professors, has filed a lawsuit saying NYU fired him for giving the actor a “D.” [Reuters]

* Snooki, Jersey Shore’s drunken munchkin, is being sued for $7M over a licensing deal gone bad. The worst part is that even if she paid up, she’d still have oodles of money in the bank. [Daily Mail]

* Sick of law school? Get all of your bitching down on paper, and turn your rage-filled manifesto into a short story for submission to the JLE Legal Fiction Contest. [National Law Journal]

Welcome to the latest edition of Above the Law’s Grammer Pole of the Weak, a column where we turn questions of legal writing and English grammar and usage over to our readers for discussion and debate.

Last week, we found out that only 29% of our readers lie back and think of England when dealing with punctuation and quotation marks. Makes you proud to be an American, doesn’t it?

This week, we turn to a hotly-debated issue among legal professionals: the use of the Bluebook. At least one federal judge hates it, joining hundreds upon thousands of law students to date.

Should we consider putting the Bluebook on the backburner in our legal writing?

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Judge William Adams

* Remember Judge William Adams, the Texas state court judge who was reportedly videotaped in the act of beating his daughter, Hillary Adams? He has now commented on the situation (and so has his ex-wife, Hallie Adams). [KZTV.com]

* And here is Kashmir Hill’s take on the whole sad situation. [Not-So Private Parts / Forbes]

* Members of the law review at GW Law School have issued a comment on the recent email controversy — which is impressive! (Aside: lighten up, guys; it’s all in good fun.) [Nota Bene]

* FYI, if you have problems with anonymous comments here at Above the Law, you should know that we’re having an internal discussion about possibly changing our system. [What About Clients?]

* Beating a dead horse isn’t illegal. Doing what this woman did to a dead horse isn’t illegal. Sucks to be a dead horse. [Daily Mail]

* Our friend Joseph Rakofsky makes it into the Urban Dictionary. [The Trial Warrior; Legal Skills Prof Blog]

* Says Elie: “Some say WVU’s lawsuit against the Big East reflects ‘arrogance.’ The real arrogance is how Notre Dame refuses to come in and save the conference.” [Legal Blitz]

* Swordplay: it’s all fun and games until someone’s intestines spill out of his abdomen. [CBS 3 - Springfield]

I feel like we have this story every fall. Every year, new 1Ls get to law school campuses and invariably, some of them quickly look around to see which boots are most in need of licking. The first few weeks they kiss so much faculty ass they look like they’re applying for tenure. And right around now, they start looking for fellow students to suck up to.

Well, there’s a way to suck up to fellow students, and usually kissing butt requires you to be in the same room as your betters. Cold, unsolicited emailing — while fine for general networking — is almost always the wrong way to approach your peers. We’ve explained this to you before.

If you find yourself sending out cold, unsolicited, mass emails, well, welcome to Above the Law, little 1Ls….

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Non-Sequiturs: 08.08.11

Shon Hopwood

* Interesting historical perspective from Professor Dave Hoffman on the current debate over legal education. One critic wrote that “there are too many lawyers in this country,” “many of them are not busy,” and “many of them are on the margin of starvation” — back in 1932. [Concurring Opinions]

* And some thoughts on the subject from someone who, despite all the warnings, has decided to go to law school — Shon Hopwood, our former Jailhouse Lawyer of the Day. [The Cockle Bur]

* Professor Paul Horwitz has a response to Governor Rick Perry’s “Response” — and Horwitz seems somewhat sympathetic. [New York Times]

* No, University of Chicago law review editors, Professor Stephen Bainbridge is not going to give up his valuable time to help you do your jobs. [Professor Bainbridge]

* The 7 Habits of Highly Useless Outside Corporate Lawyers. [What About Clients?]

* The latest salvo in the ongoing battle between Professor Lawrence Connell and Widener Law School: Widener demands that Professor Connell undergo a psychiatric evaluation. [Instapundit]

* On Friday, I spoke with John Patti of WBAL about the idea floated in my recent New York Times op-ed (co-authored with Zach Shemtob). [WBAL Radio]

* And here are some NYT letters to the editor in response to our piece. [New York Times]

* While the ABA hosts its big annual meeting up in Toronto, the ABA Journal hosts Blawg Review #314. [ABA Journal via Blawg Review]

* There’s still time to sign up for our chess set giveaway — but act soon, because time is running out. You can also join our Facebook group. [Above the Law; Facebook]

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