Nicholas Rosenkranz

* Law professors testify to Congress that President Obama is abusing his power by circumventing Congress. Is this the Congress that takes 239 days of vacation each year and set a record for being the least productive in history? I wonder why any chief executive would circumvent them… [The Blog of the Legal Times]

* Magic Circle firms raise their rates, with partners billing around $1375.56/hour. Blimey! [The Careerist]

* A law firm paid for a nativity scene in a state capitol building. Sound the litigation alarm! [ABA Journal]

* Supreme Court seems hesitant to help out a guy who lost his frequent flyer miles for constantly complaining to his airline. On the one hand, customers shouldn’t be penalized for voicing their concerns. On the other hand, this guy’s “complaints” included his luggage taking too long to come out on the carousel. Chill the hell out. [Associated Press via Daily Finance]

* A SAC Capital employee carefully weighed the “risk-reward” of complying with the “law.” [Dealbreaker]

* Former Tyco CEO Dennis Kozlowski is getting paroled. Now I feel old because I represented a witness in that trial. [Dealbook / New York Times]

* A middle school principal in Texas is placed on administrative leave for banning students from conversing in Spanish at school. What a puta. [Associated Press via Business Insider]

* The rules to the self-proclaimed greatest law school drinking game of all time. Or a look at what Australian law school guys do instead of study. Video after the jump… [YouTube]

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* A company is selling pork-laced bullets to “keep Islamics from going to Heaven.” Ever since Denny’s, they’re putting bacon in everything… [CBS Seattle]

* Justice Thomas is really terrible. This is probably why #UncleThomas is trending on Twitter. [Jezebel]

* A feminist critique of law reviews based on the Russell Crowe film, Gladiator. This sounds intriguing. [TaxProf Blog]

* If you wanted to know how the judge decided the audio expert issue in the Zimmerman trial, we’ve got you covered. If you wanted to know when attorney Don West will compile his collection of Greatest Opening Statement Jokes, we have no idea. [The Expert Institute]

* TNT has a new show dropping teams in Tasmania and forcing them to endure… a knockoff of The Amazing Race and Survivor. But an L.A.-based attorney is on this Friday trying to win $100,000, or what we used to call “a year-end bonus.” [TNT Newsroom]

* Ken White breaks down all the charges against Edward Snowden. To avoid these charges, Snowden is holed up in the transit zone of the Moscow airport, which I hear has a really terrible TGI Friday’s where Snowden will get to eat for the indefinite future. [Popehat]

* Anonymous Partner isn’t the only one with advice for summer associates. Here are tips from Grover Cleveland, author of Swimming Lessons for Baby Sharks (affiliate link), and Katherine Larkin-Wong, president of Ms. JD. [The Careerist]

* Chief Judge Alex Kozinski and Professor Nicholas Quinn Rosenkranz debate an upcoming Supreme Court case, Bond v. United States, concerning the treaty power. [Cato Institute]

* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]

* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]

* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]

* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]

* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]

* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]

* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]

* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]


Actually, just like most cert petitions, drama got denied. In an interview last night with Piers Morgan of CNN, Justice Antonin Scalia, the Supreme Court’s longest-serving member, denied that he had any kind of tiff with Chief Justice John Roberts over National Federation of Independent Business v. Sebelius (aka the Affordable Care Act case, aka Obamacare).

Justice Scalia’s denial of drama is pretty funny, actually. Let’s read about it — along with the latest opinion polls about public approval of the SCOTUS….

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The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

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Fed Soc 1.JPG

Our series of photo posts from the Federalist Society National Lawyers Convention has been popular. The prior installments are available here, here, and here.

Our camera is now emptied out. The last of our Fed Soc photos, after the jump.

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