Non-Sequiturs

  • Non Sequiturs: 01.20.19
    Non-Sequiturs

    Non Sequiturs: 01.20.19

    * Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative — e.g., Judge Amy Coney Barrett. [Empirical SCOTUS]

    * Speaking of SCOTUS, here’s Ilya Somin’s read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason]

    * Stephen Embry disagrees with Joe Patrice’s suggestion that junior lawyers are going extinct, but Embry acknowledges the major effect that technology is having, and will continue to have, on legal practice and employment. [TechLaw Crossroads]

    * Charles Glasser looks at what might have caused the political polarization of the modern media and its consumers. [Daily Caller]

    * The prospect of Michael Cohen testifying publicly before Congress is making some people giddy — but it’s not without its downsides, as Joel Cohen explains. [The Hill]

    * What can we learn from official Washington utterances about the shutdown? Here’s some intel from VoxGov, via Jean O’Grady. [Dewey B Strategic]

    * Not all provisions of the Bill of Rights are created equal, according to Gerard Magliocca. [PrawfsBlawg]

    * David Berg draws lessons for trial lawyers from the genius of Joe Jamail’s use of hypothetical questions. [YouTube]

  • Non Sequiturs: 01.13.19
    Non-Sequiturs

    Non Sequiturs: 01.13.19

    * A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200]

    * According to Dayvon Love, “the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism.” [Leaders of a Beautiful Struggle]

    * The current Term of the Supreme Court doesn’t boast many blockbusters — but some cases are more interesting than others, as Adam Feldman points out. [Empirical SCOTUS]

    * Illegal aliens, guns, and strict liability, oh my! Eugene Volokh breaks down Rehaif v. United States, which SCOTUS just agreed to hear. [Volokh Conspiracy / Reason]

    * The Supreme Court has taken an increased interest in intellectual property in recent years — and if it wants to tackle issues of copyright infringement in the digital age, Capitol Records v. ReDigi could be a good vehicle. [All Rights Reserved]

    * Speaking of supreme courts, Florida’s is likely to shift rightward, as Ed Whelan explains. [Bench Memos / National Review]

    * If you’re getting lots of questions from friends and family about the constitutional law of shutdowns, check out this helpful explainer from Zachary Price. [Take Care]

    * And if you have thoughts on what legal publishers got right and wrong in 2018, Jean O’Grady would like to hear from you. [Dewey B Strategic]

  • Non Sequiturs: 01.06.19
    Non-Sequiturs

    Non Sequiturs: 01.06.19

    * It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog]

    * Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason]

    * Carrie Severino calls out Senate Democrats for their persistent — and in her view, unjustified — questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review]

    * Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime]

    * Here are some highlights from Chief Justice John Roberts’s year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg]

    * The new year is a time of beginnings — and endings. Concurring Opinions, you will be missed. [Concurring Opinions]

  • Non Sequiturs: 12.30.18
    Non-Sequiturs

    Non Sequiturs: 12.30.18

    * In 2018, what did Donald Trump talk about when he talked about the courts? Adam Feldman dives into the data to find out. [Empirical SCOTUS]

    * Speaking of President Trump and the judiciary, he continues to appoint federal judges at a record pace — but the Democrats are doing everything they can to slow down his progress. [Bench Memos / National Review]

    * If you care at all about affordable housing, then you should be heartened by these developments in the fight against exclusionary zoning, as discussed by Ilya Somin. [Volokh Conspiracy / Reason]

    * Congratulations to the Department of Justice on its ninth consecutive year of civil health care fraud settlements and judgments exceeding $2 billion. [MedCity News]

    * If you’re interested in the hot topics among law librarians, legal technologists, and others in the space, check out Jean O’Grady’s most popular stories of 2018. [Dewey B Strategic]

    * And if you’re interested in the year that was in artificial intelligence and the law, check out the Artificial Lawyer’s roundup of notable news. [Artificial Lawyer]

    * Condolences to the friends, family, and colleagues of Bre Payton, who passed away last week at the age of 26. [The Federalist]

    * Veteran trial lawyer David Berg continues his series on “What It Takes To Win.” [YouTube]

  • Non Sequiturs: 12.23.18
    Non-Sequiturs

    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]

  • Non Sequiturs: 12.16.18
    Non-Sequiturs

    Non Sequiturs: 12.16.18

    * In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year’s tax reform that reduced the ACA’s “shared responsibility payment” for lacking health-care coverage to zero. [MedCity News]

    * Josh Blackman agrees with Judge O’Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy]

    * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn’t issue a national injunction. [Reason / Volokh Conspiracy]

    * Adam Feldman takes a closer look at the Federal Circuit’s relationship to the Supreme Court — including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS]

    * Carrie Severino shares the disappointment of her former boss, Justice Thomas, in Chief Justice Roberts and Justice Kavanaugh voting against certiorari in Gee v. Planned Parenthood of Gulf Coast. [Bench Memos / National Review]

    * Eric Turkewitz calls out members of the media for misreporting on a routine trip-and-fall case because they don’t like the plaintiff’s famous father. [New York Personal Injury Law Blog]

    * Oakland is going on the offensive against the NFL, firing off a 49-page complaint signed by James Quinn of Berg & Androphy, among others. [The MMQB / Sports Illustrated]

    * Speaking of Berg & Androphy, name partner David Berg offers expert insights on what it takes to win as a trial lawyer. [YouTube]

  • Non Sequiturs: 12.09.18
    Non-Sequiturs

    Non Sequiturs: 12.09.18

    * A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg]

    * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in “cop show” television programs? [Law and Crime]

    * David Oscar Markus isn’t afraid to take on tough cases — like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog]

    * Former federal defender Stephen Cooper does not mince words: “The prospective gassing of human beings in Alabama is an abomination.” [Alabama Political Reporter]

    * Jerry Goldfeder and Lincoln Mitchell offer up this hypothetical (which sounds far-fetched, but never say never given the times in which we live): “What if Trump loses but refuses to leave the White House?” [New York Daily News]

    * Looking for a special present for the legal nerd in your life? In addition to the items featured in the Above the Law holiday gift guide, check out the latest edition of the Solicitor General’s Style Guide. [Amazon (affiliate link)]

    * Speaking of the Supreme Court, Adam Feldman takes a data-driven look at the recent spat between President Donald Trump and Chief Justice John Roberts over partisanship in the federal judiciary. [Empirical SCOTUS]

  • Non Sequiturs: 12.02.18
    Non-Sequiturs

    Non Sequiturs: 12.02.18

    * What are expert advocates’ secrets to cert success? Adam Feldman’s very interesting analysis suggests that using certain buzzwords in a petition might help. [Empirical SCOTUS]

    * Ilya Somin points out this fun depressing fact: one of the plants that General Motors will be closing sits on land seized in a controversial taking that forcibly displaced more than 4,000 people. [Reason / Volokh Conspiracy]

    * The Third Circuit is poised to become the first (but probably not the last) circuit court to “flip” flip from a majority of Democratic appointees at the outset of the Trump administration to a majority of Republican appointees, as Ed Whelan notes. [National Review / Bench Memos]

    * A June 3 trial date has been set for Sigfredo Garcia and Katherine Magbanua in the Dan Markel case — almost five long years after Professor Markel’s murder. [Tallahassee Democrat]

    * In the wake of a recent tragedy, Neha Sampat offers some reflections on impostor syndrome in the legal profession. [ABA Journal]

    * If you’re a conservative or libertarian law student, you should consider attending the Federalist Society’s 2019 National Student Symposium, with “The Resurgence of Economic Liberty” as its theme. [Federalist Society]

    * Can the Supreme Court save our democracy? David Pozen opines (and he’s not optimistic).

  • Sponsored

  • Non Sequiturs: 11.18.18
    Non-Sequiturs

    Non Sequiturs: 11.18.18

    * Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security]

    * WWRMD: What Would Robert Mueller Do, in the event that he’s fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill]

    * As for who will become the next Senate-confirmed Attorney General, here are some possibilities — including Glenn Reynolds’s picks. [Instapundit]

    * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care]

    * Facebook friends aren’t “real” friends — at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy]

    * Managing partners don’t get no respect at law firms — and Bruce MacEwen thinks that’s a problem. [Adam Smith Esq.]

    * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers — and if you’re thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic]

    * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

  • Non Sequiturs: 11.11.18
    Non-Sequiturs

    Non Sequiturs: 11.11.18

    * The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court’s first signed majority opinion — and, interestingly enough, it’s a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O’Scannlain). [Empirical SCOTUS]

    * When he’s not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books — like his latest, a review of Joel Richard Paul’s new biography of Chief Justice John Marshall (affiliate link). [New York Review of Books]

    * President Donald Trump is transforming the federal judiciary with his youthful and conservative appointments — but the extent of the transformation should not be exaggerated, for reasons identified by Ed Whelan. [Bench Memos / National Review]

    * Ann Althouse analyzes some of the juiciest passages in Michelle Obama’s new memoir (affiliate link). [Althouse]

    * It has been a long time — specifically, more than four years — since the Department of Justice has issued an opinion about the Foreign Corrupt Practices Act, as FCPA guru Mike Koehler points out. [FCPA Professor]

    * Peter Schuck responds, in thoughtful and civil fashion, to the (many) critics of his and Rogers Smith’s argument that the Fourteenth Amendment does not require birthright citizenship for the children of unlawfully present aliens. [PrawfsBlawg]

    * After last Tuesday’s elections, in which Louisiana approved a state constitutional amendment requiring a unanimous jury to convict in a criminal case, Oregon is the only state that allows conviction in some criminal cases without a unanimous jury — and Gerard Magliocca wonders if this is constitutional. [Concurring Opinions]

    * He’s no stranger to our pages, but Isaac Lidsky — the child actor (Saved By The Bell) turned first blind SCOTUS clerk turned successful entrepreneur — still has many insights to share, as he does in this wide-ranging podcast with Goli Kalkhoran. [Lessons From A Quitter]

  • Non Sequiturs: 11.04.18
    Non-Sequiturs

    Non Sequiturs: 11.04.18

    * A fun bit of trivia (via Adam Feldman): which Supreme Court justice cites law review articles most often? (Hint: he does so a lot in dissent.) [Empirical SCOTUS]

    * Charles Glasser argues that Senator Claire McCaskill — who’s in a tough reelection fight against a former SCOTUS clerk, Josh Hawley — advocates a move that “represents a clear and present danger to investigative journalism.” [Daily Caller]

    * It’s helpful to Josh Hawley that President Donald Trump is so popular in Missouri — even among women, interestingly enough. [Althouse]

    * Immigration law is a hot topic these days, thanks in large part to President Trump — so it makes sense that Fastcase and the American Immigration Lawyers Association (AILA) are launching a new law journal focused on this interesting and complex area of law. [Dewey B Strategic]

    * Speaking of immigration, Ilya Somin refutes the argument that migrants should just stay home and “fix their own countries.” [Volokh Conspiracy / Reason]

    * Who says bankruptcy lawyers and judges don’t know how to have a good time? [Texas Bankruptcy Lawyer’s Blog]

  • Non Sequiturs: 10.28.18
    Non-Sequiturs

    Non Sequiturs: 10.28.18

    * Adam Feldman identifies eight issues where widely divergent state laws could lead to Supreme Court intervention. [Empirical SCOTUS]

    * Jonathan Adler wonders why it took so long for NBC to report on the inconsistencies and discrepancies in the allegations that Julie Swetnick made against Justice Brett Kavanaugh. [Bench Memos / National Review]

    * It seems that Cesar Sayoc didn’t limit himself to threatening prominent liberals and progressives; he apparently went after Ilya Somin as well. [Reason / Volokh Conspiracy]

    * A riddle from Mark Lemley (via Orly Lobel): what’s the “most Silicon Valley fact ever”? [PrawfsBlawg]

    * Congratulations to Bloomberg Law on the launch of its latest offering in litigation analytics. [Artificial Lawyer]

    * And congratulations to Fastcase on its latest deal, the acquisition of Law Street Media. [Dewey B Strategic]

  • Non-Sequiturs: 10.21.18
    Non-Sequiturs

    Non-Sequiturs: 10.21.18

    * Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy]

    * If President Trump and Senate Republicans are packing the courts with conservatives, then it’s time for Democrats to pack back, according to Michael Klarman. [Take Care]

    * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels’s defamation lawsuit against Trump. [PrawfsBlawg]

    * And while we’re on the subject of media law, Gerard Magliocca has an interesting observation about Justice Ruth Bader Ginsburg and the right of publicity. [Concurring Opinions]

    * Speaking of RBG, Jonathan Adler argues that she could learn a thing or two from her newest colleague, Justice Brett Kavanaugh, when it comes to hiring law clerks. [Bench Memos / National Review]

    * Joel Cohen raises an intriguing question about prosecutors: to what degree are they required to fight their own biases? [New York Law Journal]

Sponsored

  • Non-Sequiturs: 10.14.18
    Non-Sequiturs

    Non-Sequiturs: 10.14.18

    * Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh’s brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS]

    * And Joel Cohen looks at how Justice Kavanaugh’s confirmation fight might affect his judging of the accused. [Law and Crime]

    * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill]

    * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic]

    * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason]

    * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg]

    * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA’s “not qualified” rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business]

    * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean]

    * Congratulations to Pedro Hernandez on the dismissal of his case — and to his counsel, Alex Spiro of Quinn Emanuel, on the great result.

    https://www.youtube.com/watch?v=-2YPLmtwkug

  • Non-Sequiturs: 10.07.18
    Non-Sequiturs

    Non-Sequiturs: 10.07.18

    * Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor System, especially when it comes to dealing with racial bias. [Cavalier Daily] * Eugene Volokh and David Post offering conflicting perspectives on Brett Kavanaugh and judicial temperament. [Reason / Volokh Conspiracy; Reason / Volokh Conspiracy] * The current Term of the U.S. Supreme Court might be short on blockbusters -- but it's not without interesting themes, according to Adam Feldman. [Empirical SCOTUS] * Emily Gold Waldman explores the intersection of diversity requirements, inclusion riders, and Title VII. [PrawfsBlawg] * Jean O'Grady looks at the latest offering from Intelligize. [Dewey B Strategic] * Funding continues to flow into the world of legal tech -- and the latest beneficiary is Lexoo, the U.K.-based, lawyer-matching online marketplace. [Artificial Lawyer]
  • Non-Sequiturs: 09.30.18
    Non-Sequiturs

    Non-Sequiturs: 09.30.18

    * Many believe that today’s Supreme Court is one of the hottest benches in history; Adam Feldman uses data to assess the claim. [Empirical SCOTUS]

    * As for who takes the SCOTUS bench, contingency plays a major role — along with credentials and conservatism, as Ian Millhiser explains. [ThinkProgress]

    * Most people have their minds made up about Thursday’s Supreme Court confirmation hearings featuring Dr. Christine Blasey Ford and Judge Brett Kavanaugh — but if you’re still trying to process the proceedings, David Oscar Markus offers five simple rules for evaluating the witnesses. [The Hill]

    * Ann Althouse has some reflections on Judge Kavanaugh’s emotional testimony and “present-day conservative masculinity.” [Althouse]

    * David Bernstein proffers this interesting solution to the Kavanaugh nomination situation — but don’t hold your breath for its implementation. [Volokh Conspiracy / Reason]

    * If the road to hell is paved with good intentions, “the EU is busy building a three-lane highway that leads to a particularly dark place,” according to Charles Glasser. [Daily Caller]

    * Lawyer Luddites: “AI in the legal space is not scary,” as explained by David Kleiman of Bloomberg Law. [Artificial Lawyer]

    * Indeed, as Greg Lambert argues, lawyers — especially “working partners” — need to join the innovation conversation. [3 Geeks and a Law Blog]

  • Non-Sequiturs: 09.23.18
    Non-Sequiturs

    Non-Sequiturs: 09.23.18

    * In case you missed it amidst all the craziness of last week, Monday was Constitution Day — and as Judge Don Willett reminds us, it’s up to us to keep our constitutional republic strong. [Wall Street Journal]

    * The Supreme Court clerk class of October Term 2008: where are they now? Derek Muller has tracked them down. [Excess of Democracy]

    * Senator Dianne Feinstein is under fire, and not just for her handling of the Kavanaugh nomination — but she’s still likely to emerge victorious in November, as Kashmir Hill reports. [Splinter]

    * The past 12 months haven’t been easy for superlawyer David Boies — but he’s still very busy (and also a bit wiser), as he tells Jim Stewart. [New York Times]

    * It’s only a matter of time before the Supreme Court has to address the rights of transgender students under Title IX, according to Justin Driver — who’s the author of a buzz-generating new book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind (affiliate link). [Reason / Volokh Conspiracy]

    * If you’re looking for advice about discipline, focus, happiness, and relationships — and who isn’t? — here’s a podcast you might want to check out. [University of Good / SoundCloud]

    * Law firm mergers are notoriously hit or miss — so this new M&A intelligence tool from ALM could come in very handy. [Dewey B Strategic]

    * Congratulations to the six new participants in LexisNexis’s third Silicon Valley Legal Tech Accelerator program! [Artificial Lawyer]

  • Non-Sequiturs: 09.16.18
    Non-Sequiturs

    Non-Sequiturs: 09.16.18

    * Will Senator Susan Collins be persuaded by the campaign to get her to vote against Judge Brett Kavanaugh? Ed Whelan has his doubts. [Bench Memos / National Review]

    * Speaking of the Supreme Court, Adam Feldman identifies his “Supreme Court All-Stars” (2013-2017): the lawyers and law firms with the most arguments — and wins — before the high court. [Empirical SCOTUS]

    * Greg Lukianoff and Adam Goldstein offer tips for protecting freedom of speech on college campuses, inspired by a new book, The Coddling of the American Mind (affiliate link) by Greg Lukianoff and Jonathan Haidt. [Volokh Conspiracy / Reason]

    * Charles Glasser to news organizations, on the subject of self-policing: do better. [Daily Caller]

    * How should we evaluate the success of law firm mergers? Madhav Srinivasan of Hunton Andrews Kurth has some thoughts on methodology. [Law.com]

    * And Orin Kerr offers a proposal for applying the Fifth Amendment privilege against self-incrimination to compelled “decryption” of a locked phone, computer, or file. [SSRN]

    * Speaking of privacy, Google is taking some heat in Arizona over its alleged practice of recording location data of Android device owners even if they opted out of such tracking. [Washington Post]

    * When it comes to learning how to integrate technology into the delivery of legal services, American law firms can learn a thing or two from the Brits — as the latest move by CMS suggests. [Artificial Lawyer]

  • Non-Sequiturs: 09.09.18
    Non-Sequiturs

    Non-Sequiturs: 09.09.18

    * Here’s the truth behind what some saw as Zina Bash making a “white power” sign at the confirmation hearings of her former boss, Judge Brett Kavanaugh. [Washington Post]

    * With the Kavanaugh confirmation hearings in the rearview mirror, now is a good time to look back at the last four Supreme Court confirmation hearings. [Empirical SCOTUS]

    * Thomas Jipping summarizes research showing that the American Bar Association does tilt leftward in rating judicial nominees — which is why its unanimous “well qualified” rating for Judge Brett Kavanaugh is especially impressive. [Bench Memos / National Review]

    * Jonathan Adler argues that claims of a Justice Kavanaugh threatening the Affordable Care Act aka Obamacare have been greatly exaggerated. [Volokh Conspiracy / Reason]

    * But a Justice Kavanaugh likely would affect the Supreme Court’s jurisprudence on presidential authority and the separation of powers. [Instapundit]

    * Speaking of the Supreme Court, conservative (and tiny) Hillsdale College punches above its weight in producing SCOTUS clerks — so Paul Rahe wants to know, why can’t his school get any love from the U.S. News Wall Street Journal rankings? [Ricochet]

    * President Donald Trump’s “radically direct” tweets about pending prosecutions threaten the rule of law, according to Gerald Lefcourt and Joel Cohen. [Law & Crime]

    * Legal research smackdown: Lexis v. Casetext! [Dewey B Strategic]

    * And in other notable news from the world of legal tech, iManage just acquired business-process company Elegrity, which works in the risk and compliance management space. [Artificial Lawyer]

  • Non-Sequiturs: 09.02.18
    Non-Sequiturs

    Non-Sequiturs: 09.02.18

    Ed. note: We will not be publishing on Monday, September 3, in observance of Labor Day.

    * Law librarian Jean O’Grady rounds up the many books written by or about the late Senator John McCain — and extends her “condolences to his families and friends on the passing of a remarkable man.” [Dewey B Strategic]

    * Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain’s successor is appointed before the confirmation vote — but as Adam Feldman explains, Judge Kavanaugh’s path to SCOTUS already looks quite clear. [Empirical SCOTUS]

    * And here’s more good news for Judge Kavanaugh: the American Bar Association just unanimously rated him “Well Qualified” for the Supreme Court, as Ed Whelan reports. [Bench Memos / National Review]

    * Would a Justice Kavanaugh come out in favor of the new Law Clerk Hiring Plan? As Will Baude notes, there does some to be an ideological aspect to this, with liberals more pro-Plan than conservatives. [Volokh Conspiracy / Reason]

    * Law prof Ann Althouse calls out the Washington Post for going after the Trump Administration regarding a policy that was in place under Presidents Obama and Bush as well. [Althouse]
    https://althouse.blogspot.com/2018/08/wapo-is-so-full-of-anti-trump-headlines.html

    * If you’ll be spending Labor Day at the beach, is it okay to take your top off? Here’s some guidance. [Seinfeld Law]

    * Joel Cohen acknowledges that Michael Cohen (no relation) has some incentive to tell prosecutors what they want to hear, but cautions that “we shouldn’t take this all too far.” [Law & Crime]

    * Shawn Gaines of Relativity outlines the ediscovery company’s ambitious plan to create a “legal tech app store.” [Artificial Lawyer]