Ninth Circuit

Judge Stephen Reinhardt (left) and Judge Robert Jones

Will 2012 go down as the Summer of Feuding Judges? Over the past few months, we’ve been covering the feud in print between Judge Richard Posner and Justice Antonin Scalia.

And yesterday we wrote about the harsh smackdown by Judge Stephen Reinhardt (9th Cir.) of Chief Judge Robert C. Jones (D. Nevada). Today we’ve got Jones’s rebuttal, which is just as heated. It’s unusual to see a lower-court judge criticizing a judge higher up in the judicial hierarchy, but reverse benchslaps do happen.

How does Judge Jones feel about being called unacceptably arrogant? Let’s just say he responded in kind…

double red triangle arrows Continue reading “Benchslap of the Day: The District Court Strikes Back”

Judge Reinhardt and me, perfect together.

Such arrogance and assumption of power by one individual is not acceptable in our judicial system.

– Judge Stephen Reinhardt, concurring, in Townley v. Miller. A Ninth Circuit panel stayed a district court’s preliminary injunction order in a case involving Nevada’s “none of these candidates” ballot option.

(More about this interesting and politically charged case, after the jump.)

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Chief Judge Alex Kozinski

Supreme Court precedent supports the appearance of federal judges in works of filmed or staged entertainment. For example, back in 1997, Justice Harry Blackmun played Justice Joseph Story in Amistad (as you can see in Justice Blackmun’s IMDb profile). More recently, in 2009, Justice Antonin Scalia and Justice Ruth Bader Ginsburg had cameos in a performance at the Washington National Opera.

We all know how much the Ninth Circuit loves to follow the Supreme Court. So should it be surprising that the Honorable Alex Kozinski, Chief Judge of the Ninth Circuit, will be appearing in a feature film this fall?

And no, it’s not a documentary about the legal system. It’s a fiction-based, feature film….

double red triangle arrows Continue reading “A Star Is Born: Chief Judge Alex Kozinski, Coming To A Movie Theater Near You”

Professor John Corvino is the co-author of an excellent new book, Debating Same-Sex Marriage. The book consists of a debate between Corvino, who supports gay marriage, and Maggie Gallagher, who opposes it — and who has, through her work for the National Organization for Marriage, vigorously resisted the legal recognition of same-sex marriage.

The issue of gay marriage can be divisive, but the book has in many ways been uniting. In addition to bringing together Corvino and Gallagher — who have done numerous joint events to promote the book, despite their very divergent views — even the book’s blurbs have made for strange bedfellows. In the words of Dan Savage, author of the Savage Love sex advice column, Debating Same-Sex Marriage “is the first and, without a doubt, the last book in the whole sordid history of books that will be blurbed by both me and Rick Santorum.”

Over the weekend, I interviewed Corvino about the issues discussed in the book, with a focus on legal issues relating to same sex-marriage….

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[L]aw schools are questioning whether or not they are teaching students the right way, and it seems to me that the bench and the bar can engage in serious discussions with the law schools to advise them whether or not, say for the next 20 years… they have the proper approach for teaching those who will soon be the trustees of the law as active practitioners. That is urgent.

– Justice Anthony Kennedy, speaking this week at the Ninth Circuit’s Judicial Conference in Maui.

(Justice Kennedy’s defense of Hawaii as a conference venue, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Justice Kennedy Likes Hawaii; Legal Education, Not So Much”

Jaynie Mae Baker

* What do Tiger Woods’s sexts, Anthony Weiner’s wiener, and the newsworthiness exception to copyright infringement have in common? They’re all in this colorful Ninth Circuit dissent. [National Law Journal]

* Dewey have any idea when this “clawback” deadline will stop being extended? Partners have again been granted another extension to sign on the dotted line, but this time for only 48 hours. [WSJ Law Blog]

* If your reason for resigning from your position as a congressman has to do with “increasing parenting challenges,” becoming the managing director of Biglaw practice group likely isn’t a wise choice. [POLITICO]

* A shareholder suit filed against Goldman Sachs over mortgage-backed securities and early TARP repayment was dismissed. I didn’t watch the Daily Show last night, but I’m sure Jon Stewart had a great joke. [Reuters]

* Musical deans? Hot on the heels of Jeremy Paul’s announcement that he was leaving for Northeastern, Professor Willajeanne McLean has been appointed as interim dean at UConn Law. [Connecticut Law Tribune]

* Law school didn’t build that: as it turns out, a juris doctor isn’t as versatile a degree as it’s made out to be. Just because you managed to get a good non-law job, it doesn’t mean a J.D. helped you. [Am Law Daily]

* Jaynie Mae Baker, the Millionaire Madam’s sidekick, has struck a plea deal with the DA. She won’t be going to jail for her adventures in high-class hooking, and might walk away without a criminal record. [New York Post]

* Looks like someone skipped professional responsibility class during bar prep: the Ninth Circuit denied attorney fees to McGuireWoods in light of an “egregious” ethics violation made in the BAR/BRI antitrust settlement. [National Law Journal]

* Apple rested its patent-infringement case against Samsung yesterday, making way for the rival tech company to begin presenting its case. Jurors must be thrilled that the end is in sight, with just 25 more hours of arguments to go. [Bloomberg]

* Remember the mom-and-dad law grads accused of planting a potpourri of drugs on an elementary school volunteer? Their alleged victim is suing. We’ll have more on this hot mess later. [Orange County Register]

* “The facts don’t seem to support a ‘stand your ground’ defense.” That’s what George Zimmerman’s attorney said yesterday, but the defense team is going to try to get the case dismissed on those grounds anyway. [AP]

* When applying to law school, it’s usually helpful to demonstrate in your application that you actually want to go to law school. Gah, people seriously need to be told these things. [Law Admissions Lowdown / U.S. News]

* “[T]he plaintiff’s tampon was never forcibly removed by any deputy.” First of all, yuck. Second of all, you know that a crazy lawsuit must have been filed when the cops are making public statements like this. [NBC News]

The information subpoenaed does not need to be relevant to a crime; in fact, it may be used to dissipate any suspicion of a crime.

Judge William Fletcher, in a Ninth Circuit decision ordering utilities companies to turn over customer records even without a warrant. The case, U.S. v. Golden Valley Electric Association, deals with Alaskans suspected of growing marijuana indoors.

It is a part of our circuit. We wish people would pay attention to that. It’s more often held elsewhere than it’s held in Hawaii. It’s often held in California. There’s a great concentration of judges and attorneys in California.

David Madden, public information officer for the Ninth Circuit, refuting Republican accusations that the appeals court is being wasteful by holding a conference for federal judges in Hawaii.

* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly]

* Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business]

* AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice]

Laura Flippin

* Speaking of DLA Piper lawyers, just before she was found guilty of public intoxication, partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat]

* Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun]

* Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal]

* Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zachary Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]

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