Law Reviews

* Dewey know how deep in the red D&L’s international operations were? Enough to make you shout bloody hell and sacré bleu: the U.K. and Paris offices had liabilities of at least $175M. [Financial Times (reg. req.)]

* “To the extent that we the estate have claims, we would like to settle those claims sooner rather than later.” The joke’s on you if you thought you’d be able to keep your Dewey defector money. [Wall Street Journal (sub. req.)]

* According to the allegations in former Cravath associate Ellen Pao’s sex discrimination suit against venture capital firm Kleiner Perkins, the “Mad Men” culture seems to be alive and well in Silicon Valley. [New York Times]

* Who will be the first to puff, puff, pass the vote — Obama or Romney? It looks like the path to the White House in Election 2012 might depend upon the legalization of marijuana in key states like Colorado. [Reuters]

* Apparently you can’t take the “duh” out of “Flori-duh” when it comes to voting laws without a fight in the courts. A federal judge has blocked portions of the Sunshine State’s “onerous” voter registration law. [Bloomberg]

* “People want to go to our school, and why should we say no?” Because they can’t get jobs? Northwestern Law is considering shrinking its class sizes; John Marshall Law, not so much. [Crain's Chicago Business]

* Stop crying about coming in second in the U.S. News rankings, Harvard, because you can still brag about beating Yale in having the most-cited law review articles of all time… for now. [National Law Journal (reg. req.)]

* Gloria Allred is representing one of the Miami “zombie’s” girlfriends for reasons unknown. Maybe the zombie apocalypse is truly upon is and she saw an opportunity to stand up for undead women’s rights. [CBS Miami]

As a law student, having an article accepted for publication in a law review or journal is usually a great way to ensure that your résumé lands on the top of the enormous stack of papers on the hiring partner’s desk. Having a degree from Harvard Law School is an even better way to do the same thing. But the ultimate claim to success is having both of these things. You’ll get the Biglaw job that you’ve always dreamed of, and a six-figure paycheck to pay off your matching six-figure debt.

Unless you’ve been accused of plagiarism. Then you can kiss all of your dreams goodbye, and say hello to the unemployment line. This is what one recent Harvard Law graduate claims happened to her in a lawsuit against her Ivy league alma mater….

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Majority opinions are hardly sitting ducks for the criticism dissentals may heap on them. If a panel majority finds that a dissental scores some valid points, it can modify its opinion to eliminate the problem, something that happens regularly in the Ninth Circuit. Indeed, fear that internal criticisms will be taken public often causes judges to moderate outlier opinions so as to present a smaller target for public criticism and possible certiorari. One of us (yes, the hot one) is even aware of a case where the panel withdrew its opinion and reversed the result, after winning the en banc vote, in the teeth of a stinging dissental.

– Chief Judge Alex Kozinski (9th Cir.) and his former law clerk, James Burnham of Jones Day, in a Yale Law Journal online essay entitled I Say Dissental, You Say Concurral (defending the practice of filing a dissental, aka dissenting from the denial of rehearing en banc).

(Additional discussion, after the jump.)

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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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* 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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