District Judges Fight To Save The Rule Of Law While DOJ And Supreme Court Snicker
Lower courts holding the line against authoritarianism while getting death threats and zero backup from above.
Non Sequiturs: 04.14.19
* "How Tough-on-Crime Prosecutors Contribute to Mass Incarceration." My review of Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (affiliate link). [New York Times Book Review] * When it comes to prosecutors, as former prosecutor Joel Cohen explains, it's all about discretion. [New York Law Journal] * Judge Nancy Gertner (Ret.) defends Suffolk District Attorney Rachael Rollins's exercise of her prosecutorial discretion -- and argues that Thomas Turco's criticisms of Rollins are unfair. [Boston Globe] * Another ex-prosecutor, Quinn Emanuel partner Alex Spiro, is representing tennis star Naomi Osaka in the "repugnant" lawsuit filed against her by her former coach. [Tennis365] * Former federal prosecutors, many of them now partners at Biglaw firms, represent more than half of the defense lawyers in Operation Varsity Blues, aka the college admissions scandal. [Big Law Business] * High-stakes litigation is just one of many factors contributing to Biglaw's robust profit margin these days -- hovering around 40 percent, its highest value in almost 30 years, according to Madhav Srinivasan of Hunton Andrews Kurth. [Law.com] * Ronald Collins interviews Joan Biskupic about her latest judicial biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts (affiliate link). [SCOTUSblog] * And speaking of SCOTUS, Will Baude believes that the death penalty "is justifiable and constitutional" -- but argues that the Court has not acquitted itself well in its recent handling of capital cases. [Volokh Conspiracy / Reason]
Chrometa: Turning Time Into Billable Value For Modern Lawyers
Adoption of Chrometa represents more than a technological upgrade; it reflects a professional philosophy that values accuracy, transparency, and efficiency.
Non Sequiturs: 03.10.19
* "I Thought I Could Be A Christian And Constitutionalist At Yale Law School. I Was Wrong." So writes Aaron Haviland, a 3L at Yale Law School. [The Federalist] * But if you can survive YLS as a conservative, you might thrive in the world beyond -- just ask Senator Josh Hawley (R-Mo.), who's now a powerful voice on judicial nominations. [Bench Memos / National Review] * How often does the Notorious RBG see a brief citing the Notorious BIG? Check out this fun read, filed in the Supreme Court on behalf of a constellation of hip-hop stars represented by Alex Spiro and Ellyde Thompson of Quinn Emanuel. [Supreme Court of the United States via New York Times] * Yes, I've been on a hiatus from Twitter -- and maybe I'm on to something, if you agree with Stephen Cooper. [Spectator] * "For your information," Georgia trial judges, "the Supreme Court has roundly rejected prior restraint." [Volokh Conspiracy / Reason] * Retired Judge Nancy Gertner (D. Mass.) believes that U.S. sentencing needs reform -- but Paul Manafort's case is far from the ideal vehicle for it. [Washington Post] * Congratulations to Fastcase on its latest alliance, this time with credit-reporting giant TransUnion. [Dewey B Strategic] * And congrats to Neota Logic on its new Dashboard feature, which sounds nifty. [Artificial Lawyer]
Non Sequiturs: 12.23.18
* Nancy Gertner and Laurence Tribe take Alan Dershowitz to task for his unorthodox analysis of the sentencing proceedings of General Michael Flynn. [Boston Globe] * In this elegant essay, Jane Chong uses two notable new books -- To End a Presidency: The Power of Impeachment, by Laurence Tribe and Joshua Matz, and the updated edition of Charles Black's classic, Impeachment: A Handbook, with a new preface and additional chapters by by Philip Bobbitt (affiliate links) -- as the jumping-off point for reflections on impeachment, law, and politics. [Los Angeles Review of Books] * Judges often struggle when it comes to sentencing -- and that's as it should be, according to veteran defense lawyer and former prosecutor Joel Cohen. [New York Law Journal] * Yes, more of President Donald Trump's judicial nominees have been rated "not qualified" by the American Bar Association compared to the nominees of his four most-recent predecessors -- but as Patrick Gregory explains, there are some reasons for this (most notably, the Trump Administration's decision to stop giving the ABA a sneak peek at nominees, which allowed past administrations to simply pull nominees the ABA deemed unqualified). [Big Law Business] * Jonathan Adler has many problems with the recent ruling by Judge Reed O'Connor (N.D. Tex.) on the constitutionality of the Affordable Care Act -- including the fact that Judge O'Connor ruled in the first place. [Volokh Conspiracy / Reason] * Former public defender Stephen Cooper flags an issue that many reporters probably haven't thought much about: "When Will Journalism Grapple With the Ethics of Interviewing Mentally Ill Arrestees?" [CounterPunch] * As 2018 draws to a close, the U.S. Chamber offers up its annual list of the year's Top 10 Most Ridiculous Lawsuits. [Faces of Lawsuit Abuse] * Looking ahead to 2019, the new year could ring in new legislation that could help lower drug prices by facilitating the timely entry of generics into the market, as Alaric DeArment reports. [MedCity News]
Is Rakoff the Only Judge Not In Love with DOJ?
A new essay by Judge Rakoff bemoans the tacit judicial support of mass incarceration. But why are judges backing destructive policies?
In Search Of Balance In Dershowitz v. Cassell
Retired judge Nancy Gertner takes issue with Tamara Tabo's recent column about Alan Dershowitz.
The Trump Gold Card: A New $1 Million Pathway To A U.S. Green Card
A new proposal would let wealthy foreign nationals secure an opportunity for a U.S. green card with a $1 million 'gift' to the government, sparking legal and ethical debate.
Overpunishment, Rationality, And Rakoff
A look at one federal judge's proposal to reform the criminal justice system and the responses it has generated.
Biglaw Partner Declares Discrimination Over, Forgets Those Pesky Lawsuits
Do you think women still face hurdles in the workplace? This Biglaw partner doesn't.
Non-Sequiturs: 02.08.11
* BarMax has launched its new app, BarMax NY for iPad — and it’s giving away one BarMax NY to a lucky law student at each law school in New York. [Yahoo Finance] * Nancy Gertner and Stephen Shay have been named Professors of Practice at Harvard Law School. Lat wonders if Judge Gertner will […]
In Defense of A Woman: Some Thoughts on the Judge Gertner Book Controversy
Federal judges are people too — and I have proof. Earlier this week, one federal appellate judge accepted my friend request on Facebook. Another circuit judge emailed me — from a Gmail account (although we didn’t Gchat; that would have been too cool for words). Judges are real people — with opinions, not just of […]
Wearing Peep-Toe Shoes to Court? Women Judges Weigh In
Earlier today, on the Senate floor, debate took place on whether to confirm Solicitor General Elena Kagan as the nation’s 112th Supreme Court justice. The Kagan nomination is not very controversial, due to the nominee’s impeccable credentials and the Democrats’ 59 votes in the Senate. In the legal blogosphere, a far more divisive debate is […]
A Bit More On Justice Breyer, and Judicial ‘Rock Stars’
It’s another amazingly beautiful day here in New York, and we’re blogging from Bryant Park. The temperature is in the low 70’s, there’s not a cloud in the sky, and a slight breeze is blowing. Life is good. We don’t have much time — we’re about to run off to another New Yorker Festival event […]