Ninth Circuit

This is cool with the Ninth Circuit.

* Lanny Breuer finally announced his retirement from the DOJ. He’s going back to the private sector, and perhaps Covington and Jenner & Block will duel to see which firm gets dibs. [Thomson Reuters News & Insight]

* You may be wondering if it’s ever constitutional to testify in a drug cartel case while wearing a disguise — namely, a mustache, a wig, and sunglasses. Behold, the Ninth Circuit’s opinion! [WSJ Law Blog (sub. req.)]

* It may be a new year, but suing Biglaw firms never seems to get old. From Blank Rome to White & Case, here’s a thrilling roundup of all suits that have made waves in 2013, a “lawsuit-palooza,” if you will. [Am Law Daily]

* “We are going through a revolution in law with a time bomb on our admissions books.” The entire law school dream is continuing to swirl down the drain at warp speed, and the New York Times is on it! [New York Times]

* Is anyone actually surprised that every single one of Jerry Sandusky’s post-conviction motions was flat-out denied? If so, then it seems you may be in very serious need of a 1-800-REALITY check. [Legal Intelligencer]

* George Zimmerman’s attorney asked a judge to delay his client’s trial because he claims the prosecution is causing problems. Also, he’d kind of like to get paid, but that’s neither here nor there. [Orlando Sentinel]

* If you weren’t aware, there was a law firm office shooting in Arizona yesterday, and one of the wounded is Mark Hummels, a partner with Osborn Maledon. Best wishes for a very speedy recovery! [Arizona Republic]

* When they tell you stop writing when time is called during the bar exam, you STOP FREAKING WRITING when time is called on the bar exam — unless you don’t like bar admission, of course. [National Law Journal]

* “Almost anything associated with him is necessarily of concern.” Thanks to the D.C. Circuit, Osama bin Laden’s death photos may never see the light of day, no matter how many FOIA requests you file. Sorry, you’ll have to settle for the Oscar-nominated film Zero Dark Thirty. [McClatchy Newspapers]

* Some would argue that the opinions written by Judge Stephen Reinhardt of the Ninth Circuit are like Lex Luthor’s ring in that they keep the heirs of Superman’s co-creator at bay like kryptonite. [WSJ Law Blog (sub. req.)]

* Ay dios mio, al parecer esta es una gran noticia para la escuela! Yale Law has hired Cristina Rodríguez, an expert in immigration law, as its first Hispanic professor in a tenured position. [National Law Journal]

* Prosecutors established probable cause in the Aurora movie theater shooting case and James Holmes has been ordered to stand trial, but his lawyers aren’t ready to enter his likely NGRI plea yet. [Bloomberg]

* Everyone saw this coming, but that doesn’t mean they have to be any less disgusted by it: Jerry Sandusky filed a motion to get a new trial just three months after being sentenced for his sex abuse conviction. [CNN]

Chief Judge Alex Kozinski at Yale Law School

Last week, Chief Judge Alex Kozinski paid a visit to Yale Law School, where he made two public appearances. He had a Charlie Rose-style conversation with Noah Messing, YLS’s Lecturer in the Practice of Law and Legal Writing, and then he did an event with the Federalist Society, moderated by a current student, Jon Fougner.

Let’s hear what His Honor had to say, about a wide range of topics — his favorite opinion of his, tips for getting ahead in the legal profession, advocates who have impressed him over the years, why you shouldn’t take your mother to your oral argument, and why you should read Playboy (hint: it’s not for the articles)….

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The Defense of Marriage Act. California’s Proposition 8 ban on gay marriage. These were two of the big issues that the U.S. Supreme Court was deciding whether to hear this Term.

The Court just issued its certiorari orders. What happened?

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There’s really nothing to be said about this great video of Chief Judge Alex Kozinski of the Ninth Circuit….

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Left to right: Alex Kozinski and Diarmuid O’Scannlain.

This week is an exciting one for conservative and libertarian legal nerds: the National Lawyers Convention of the Federalist Society starts tomorrow. I’ll be attending and covering the proceedings; if you see me, please say hello. (If you haven’t registered for the conference in advance, you can still register at the door.)

As always, the conference will overflow with legal luminaries. This year, two of the Ninth Circuit’s most notable names — Chief Judge Alex Kozinski, and Judge Diarmuid O’Scannlain (for whom I clerked) — will be making presentations. Chief Judge Kozinski will debate Professor Hadley Arkes about natural law and constitutional law, while Judge O’Scannlain will moderate a panel about religious liberty.

To whet your appetite, let’s read more about both of these judges and some recent First Amendment fun at the Ninth Circuit….

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* A Hurricane Sandy survival guide. Key components? Food, water, booze, and prophylactics. Who’s ready for a hurricane Halloween party? [FindLaw]

* California’s longest serving death-row inmate just got his sentence set aside by the Ninth Circuit. [WSJ Law Blog]

* A few days before Thanksgiving, SCOTUS will decide whether to hear the Prop. 8 and DOMA cases. Happy holidays? [American Foundation for Equal Rights]

* Sometimes the most effective self-defense weapon isn’t a gun, it’s a pot of soup. [Consumerist]

* Harold Koh, former Yale Law School dean and current legal adviser to the State Department, sits down for a Legally Speaking interview at UC Hastings. [California Lawyer]

* Additional thoughts, this time from Professor Eugene Volokh, on employers urging employees to vote a certain way. [Volokh Conspiracy]

Chief Judge KOZINSKI, disagreeing with everyone….

– The introductory line to Chief Judge Alex Kozinski’s recent separate opinion in Garfias-Rodriguez v. Holder (9th Cir. Oct. 19, 2012). As noted by the WSJ Law Blog, the other opinions of the highly fragmented en banc court had more traditional designations, like “concurrence” and “dissent.” Howard Bashman was amused.

(Additional news out of the Ninth Circuit, of a serious and sad nature, after the jump.)

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Judge Susan Graber

All of us as judges have had life experiences that could be said to affect our perception of the cases that come before us. Some of us have served as prosecutors and others have not; some have experienced discrimination as women or minorities and others have not; some are intensely religious and others are not, and our religions vary…. These life experiences do not disqualify us from serving as judges on cases in which the issues or the facts are in some indirect way related to our personal experiences.

– Judges Marsha S. Berzon and Richard Tallman, in an elegantly written Ninth Circuit order explaining why Judge Susan P. Graber does not need to recuse herself from a capital murder case because her father was murdered 40 years ago.

Kate Middleton

* Come on, people, Dewey really think that it’s fair that these proposed partnership clawback settlements blame only us for the firm’s implosion? The Steves and ex-CFO Joel Sanders don’t think so. [Bloomberg]

* “[E]ven if partners’ capital contributions were used to repay Dewey’s indebtedness—so what?” Well, that’s certainly one way to defend a suit alleging Citibank’s participation in a Ponzi-like scheme. [Am Law Daily]

* A $280K bonus sure seems nice, but do all Supreme Court clerks choose life in Biglaw once they’ve completed their stints at the high court? As it turns out, the answer is no — some view the money as “golden handcuffs.” [Wall Street Journal]

* Because nobody can ogle these crown jewels except Prince William: the royals’ potential suit against Closer magazine over topless pics of Kate Middleton has turned into full-blown privacy proceeding. [New York Times]

* If you’re struggling in law school, it may be wise to take some advice from those who’ve been there before you, like SullCrom’s Rodge Cohen, or the Ninth Circuit’s Chief Judge Alex Kozinski. [National Law Journal]

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