Non-Sequiturs

  • Non-Sequiturs: 04.08.18
    Non-Sequiturs

    Non-Sequiturs: 04.08.18

    * Remember the “revealed preferences” law school rankings that debuted last year? Christopher Ryan and Brian Frye have issued the 2018 edition. [SSRN]

    * And C.J. Ryan offers yet another set of law school rankings, this time focused on “value added” (similar in philosophy to the ATL rankings, but Ryan’s top ten is very different from ours). [SSRN]

    * If brevity is the soul of wit, then Supreme Court opinions are getting less and less witty; Adam Feldman has the data to prove it. [Empirical SCOTUS]

    * A serious threat to political speech and election integrity, according to media law expert Charles Glasser: the weaponization of copyright law. [Daily Caller]

    * Andy Oldham, President Trump’s latest Fifth Circuit nominee, is very, very smart — and very, very conservative. [Texas Tribune]

    * The latest headline-making case handled by legendary litigator Ed Hayes is a doozy — involving a former beauty queen, a hedge-fund magnate, an ostrich farm, and… an STD. [New York Post]

    * Interested in constitutional law and possessed of a progressive perspective? Here’s a great job opportunity you should check out. [Constitutional Accountability Center]

  • Non-Sequiturs: 04.01.18
    Non-Sequiturs

    Non-Sequiturs: 04.01.18

    * Should a robot run the Federal Reserve? Passive monetary policy has its virtues, according to law professor Max Raskin. [Wall Street Journal]

    * Which methods of statutory interpretation are most popular the Supreme Court these days? Adam Feldman breaks it down. [Empirical SCOTUS]

    * Recalling judges just because we don’t like their decisions? Joel Cohen has some serious concerns. [The Hill]

    * New at business development and seeking to grow your business? Deborah Farone, former chief marketing officer at Cravath and Debevoise, offers these insights. [The Current]

    * “What Happens When the Government Lies About You in Court? Spoiler alert: Absolutely nothing.” [Weekly Standard]

    * Prosecutorial perk: a free gym membership? Maybe if you work for South Carolina prosecutor Dan Johnson. [The State]

    * Quite possibly the largest list of DWI facts on the planet. [Versus Texas]

    * Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), is running for Congress — and coming to New York this month, for an event with actress Jill Kargman of Odd Mom Out. [Saira for Congress]

  • Non-Sequiturs: 03.25.18
    Non-Sequiturs

    Non-Sequiturs: 03.25.18

    * Brad Karp and Christopher Boehning of Paul, Weiss make the case in favor of stripping gun manufacturers and sellers of their statutory immunity from suit in most negligence and product liability actions. [New York Times]

    * Remember the Moonlight Fire case? Ten state AGs have filed an amicus brief in support of the cert petition. [U.S. Supreme Court]

    * It’s almost time to file your taxes — and the Supreme Court just made it a little bit easier to cheat on them. [Volokh Conspiracy / Reason]

    * In other SCOTUS news, the Court is taking its sweet time in handing down opinions this Term, as Adam Feldman observes. [Empirical SCOTUS]

    * And speaking of Adam Feldman, he’s now working with SCOTUSblog — congratulations to both parties! [SCOTUSblog]

    * Leading media lawyer Charles Glasser looks at the challenges that corrections pose to the media (both print and digital). [Daily Caller]

    * Vineeta Vijayaraghavan points out that gun violence doesn’t spare the elite, noting that firearms killed three of her Harvard classmates (including Professor Dan Markel). [USA Today]

    * Cambridge Analytica, a data analytics consulting firm, has been widely condemned for its work on the 2016 Trump election campaign — but it’s not clear that its conduct violated data-protection laws or even Facebook policies, according to Tim Pullan of ThoughtRiver. [Artificial Lawyer]

    * Professor Michael Dorf remembers lawyer, author, and editor Julie Hilden, who passed away earlier this month. [Dorf on Law]

  • Non-Sequiturs: 03.18.18
    Non-Sequiturs

    Non-Sequiturs: 03.18.18

    * Adam Feldman uses BriefCatch, a powerful new tool from legal writing guru Ross Guberman, to find the best writers in the Supreme Court bar — and some of the top advocates might surprise you. [Empirical SCOTUS]

    * Prominent First Amendment litigator Charles Glasser makes the (compelling) case in favor of a federal anti-SLAPP statute. [Daily Caller]

    * Jeff Hauser, executive director of the Revolving Door Project, argues that the Trump Justice Department’s installation of Trump allies as interim U.S. attorneys “represent[s] a test of civil society’s ability to fight back against threats to the rule of law” — and so far, “the test is going poorly.” [Slate]

    * Speaking of the Trump DOJ, Ben Adlin breaks down the latest federal-state fight — and explains why it’s not as simple as just citing the Supremacy Clause. [Leafly]

    * “Bring me a case!” Reflections from Joel Cohen and Bennett L. Gershman on using litigation to bring about social change. [Law.com]

    * What can legal marketers learn from… a man using a cat as his hat? [Shana Douglas]

  • Non-Sequiturs: 03.11.18
    Non-Sequiturs

    Non-Sequiturs: 03.11.18

    * This great profile of Chuck Cooper, by Tierney Sneed of TPM, includes more details on why he withdrew from the solicitor general sweepstakes. [Talking Points Memo]

    * A team from Quinn Emanuel, led by high-profile hire Alex Spiro, is repping Jay-Z in a trademark fight. Can Biglaw + Beyonce be far behind? [Hollywood Reporter]

    * Steven Brill, the godfather of modern legal journalism, launches his latest venture: NewsGuard, which “uses journalism to fight fake news.” [Dewey B Strategic]

    * Speaking of “fake news,” leading media lawyer Charles Glasser puts President Trump’s “war on the press” in a broader, global context. [Daily Caller]

    * Still on the subject of POTUS v. Press, is the media being played in the Stormy Daniels drama? Joel Cohen and Dale Degenshein think so. [Law & Crime]

    * Strange bedfellows at One First Street: Adam Feldman looks at Supreme Court cases featuring unusual ideological alliances. [Empirical SCOTUS]

    * Protip for litigators and litigants: don’t tick off Judge Frederic Block (or any other judge presiding over your case, for that matter). [artnet]

    * If our five Biglaw business development tips weren’t enough for you, Jane Genova adds two more for your consideration. [Law And More]

    * How can technology be harnessed to bridge the justice gap? Neota Logic has some ideas. [Artificial Lawyer]

  • Non-Sequiturs: 03.04.18
    Non-Sequiturs

    Non-Sequiturs: 03.04.18

    * Which Supreme Court justice wrote the most dissents over the last 30 or so years? The answer might surprise you. (My guesses came in second and third.) [Empirical SCOTUS]

    * Does the latest constitutional challenge to Obamacare have merit? The 20 states are right on one issue and wrong on another, Ilya Somin explains. [Volokh Conspiracy / Reason]

    * Ann Althouse makes the case against To Kill A Mockingbird. [Althouse]

    * Litigation finance and class actions: two great tastes that taste great together? Professor Brian Fitzpatrick breaks it down. [SSRN]

    * Artificial intelligence is all the rage, but what should lawyers actually look for when it comes to AI-enabled products? Daniel Lewis, co-founder of Ravel Law (now part of LexisNexis), offers his insights. [Dewey B Strategic]

    * As a new dad, I find the notion of prosecuting a parent for improper car-seat installation deeply disturbing — especially after the defendant mom lost her daughter, an already horrific punishment for that mistake. [Slate]

    * Has the Trump Administration drained the swamp, or made it more swampy than ever? The latter — at least if you view Biglaw partners as swamp creatures. [The Nation]

    * Utah legislators try their hand at “Schoolhouse Rock,” and the result is… something. [Twitter (@RobertMaguire_)]

    * Another interesting use case for blockchain: solving IP challenges. [Artificial Lawyer]

  • Non-Sequiturs: 02.25.18
    Non-Sequiturs

    Non-Sequiturs: 02.25.18

    * Audacious: former Mercer Law student Stephen McDaniel, who took apart the body of Lauren Giddings after brutally murdering her, seeks habeas corpus. [WGXA]

    * “Did #MeToo really bring a reckoning to the legal industry?” A discussion featuring Katherine Ku, Dahlia Lithwick, Leah Litman, Ian Samuel, and me. [Vice]

    * Speaking of #MeToo and the legal profession, look for more disturbing stories like this one to emerge in the weeks ahead. [Medium]

    * Best friends: which amici in the Supreme Court have the strongest track records in major cases? [Empirical SCOTUS]

    * Speaking of SCOTUS, if you were a billionaire who dropped $32.5 million on beachfront property, you too would hire Paul Clement to seek certiorari in your takings case. [SFGate]

    * As someone with a mild case of prosopagnosia (aka face-blindness), I totally agree with Eugene Volokh’s recommendations about nametags at conferences. [Volokh Conspiracy / Reason]

    * Divorce lawyer and former Playboy model Corri Fetman, no stranger to our pages, is running for Cook County Circuit Court judge — and calling out her opponents for running body-shaming attack ads. [Chicago Reader]

    * Here’s what the United States can — and can’t — learn from the small, happy, and fairly homogenous nation of Denmark (by Megan McArdle via Glenn Reynolds). [Instapundit]

    * If you share my confusion about blockchain, here’s a recommendation: check out the new Integra Wallet, just released by legal-blockchain pioneer Integra Ledger. [Artificial Lawyer]

    * Speaking of leveraging the power of blockchain, you simply must check out Casey Flaherty’s new Magic Money Machine™. [3 Geeks and a Law Blog]

    * If you work a lot with expert witnesses, you might want to check out Courtroom Insight, for reasons explained by Jean O’Grady. [Dewey B Strategic]

    * Congratulations to Professor Jennifer Levi, recipient of the ABA Stonewall Award for her pioneering work on transgender rights! [Western New England University]

  • Non-Sequiturs: 02.18.18
    Non-Sequiturs

    Non-Sequiturs: 02.18.18

    Ed. note: We will not be publishing on Monday, February 19, in observance of President’s Day.

    * Congratulations to my friend and former co-clerk, John Demers, on his long-overdue confirmation as head of the Justice Department’s National Security Division. [Reuters]

    * Which lawyers and justices take the lead on the most important Supreme Court cases? Adam Feldman has the answers, as always. [Empirical SCOTUS]

    * Professor Ilya Somin breaks down the recent Fourth Circuit ruling on Trump’s Travel Ban 3.0. [Volokh Conspiracy / Reason]

    * A leading legal technology company, Kira Systems, is looking for a few good law librarians (to apply for its new job as a Machine Learning Knowledge Analyst). [Dewey B Strategic]

    * Lawyer and activist Glenn Magpantay, executive director of the National Queer Asian Pacific Islander Alliance (NQAPIA), explains what’s at stake with the Dream Act. [Advocate]

    * Stroock’s Joel Cohen draws lessons for lawyers from the buzz-generating new movie, The Post. [New York Law Journal]

    * What role can expert witnesses play in #MeToo litigation? Lawyer Kat Hatziavramidis shares some insights. [Forensis Group]

    * The Mrs. Palsgraf of the United Kingdom — a famous torts plaintiff named May Donoghue, who sued a beverage manufacturer after she discovered a decomposing snail in a bottle of ginger beer — is getting a statue erected in her honor. [Legal Cheek]

    * Not as bad as sexually assaulting a student intern, but another Biglaw partner stands accused of making degrading, sexually charged comments to a junior attorney. [RollOnFriday]

    * In advance of its Global Legal Hackathon (February 23-25), the Global Legal Blockchain Consortium welcomes a new member: Fasken, a leading Canadian law firm. [Artificial Lawyer]

  • Sponsored

  • Non-Sequiturs: 02.11.18
    Non-Sequiturs

    Non-Sequiturs: 02.11.18

    * Uber and Waymo settled, so now we can have flying cars. Or something. [Corporate Counsel]

    * New charges in the Dan Markel murder case. [U.S. News]

    * Trump can pretty much get away with anything, so why not talk to prosecutors and just take the Fifth? [The Hill]

    * A look at the difficult work of navigating a romance at work. [Law and More]

    * A week in the life of a mom working as a solo practitioner. [CorporetteMoms]

    * An excellent new podcast for aspiring trial lawyers, from McKool Smith and Benchmark Litigation, kicks off by interviewing legendary litigator Evan Chesler of Cravath. [McKool Smith]

  • Non-Sequiturs: 02.02.18
    Non-Sequiturs

    Non-Sequiturs: 02.02.18

    * A question that has crossed the mind of every Biglaw corporate associate: “How much of lawyering is being a copy-and-paste monkey?” [3 Geeks and a Law Blog]

    * Kenneth Jost notes out how Justices Ginsburg and Gorsuch like to butt heads — and scores the fight 2-0 in RBG’s favor. [Jost on Justice]

    * And speaking of rumbles at One First Street, which pairs of justices have the most disagreements with each other, as reflected in majority and dissenting opinions? Adam Feldman has answers. [Empirical SCOTUS]

    * Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), takes on a new challenge: running for Congress. [American Bazaar]

    * Data privacy is the name of the game these days, and Thomson Reuters is ready; TR showed off its new, Watson-enabled Data Privacy Advisor at Legalweek here in New York. [Dewey B Strategic]

    * Amidst all the hoopla and robot fights at Legalweek, it would be easy to overlook the latest news from Neota Logic — but you shouldn’t. [Artificial Lawyer]

    * Should more states move away from requiring unanimous jury verdicts in criminal cases? Joel Cohen argues that 11 is not enough. [Law & Crime]

    * Can a U.S. court punish someone for their speech, on the theory that he breached an agreement not to speak, while keeping the speech-restrictive agreement secret? Eugene Volokh thinks not (with good reason). [Volokh Conspiracy / Reason]

    * Dewey see an end in sight for legal proceedings related to the collapse of the Biglaw giant? Former executive director Stephen DiCarmine was supposed to be in court today to face fraud claims from the Securities and Exchange Commission, but it looks like the parties might have a deal. [Law360]

    * If you will be in New York City next weekend and are interested Asian-American leadership in the legal field, consider attending Columbia APALSA’s annual conference — where Kathy Hirata Chin will be honored for her efforts to promote diversity in the legal profession. [Columbia Law School APALSA]

  • Non-Sequiturs: 01.26.18
    Non-Sequiturs

    Non-Sequiturs: 01.26.18

    * “Impartiality requires fair treatment for both sides, not merely for victims—even victims in a case as horrifying as this one.” Some are calling into question Judge Rosemarie Aquilina’s impartiality during Larry Nassar’s sentencing. [PrawfsBlawg]

    * If you’re invited by the Supreme Court to brief and argue a case as an amicus curiae, you better believe that your career in the law is about to take off. [Empirical SCOTUS]

    * A few of the New England Patriots visited Harvard Law to learn about inequities in the criminal justice system before securing a spot in the Super Bowl. [Harvard Law Today]

    * Maybe your life won’t end if you get bad 1L grades — maybe it’ll be a whole new beginning. [LinkedIn]

    * Here are some useful tips on how to avoid getting burned if someone asks you for your salary history when you’re applying for a job. [Corporette]

    * Are you a law review nerd, a legal scholar, or professor obsessed with when your latest article will be published? Then you must check out the Law Review RSS Project. [Excess of Democracy]

    * Can you get a DUI in a self-driving vehicle? In the future, the answer to this question may depend on how autonomous the vehicle is. [Versus Texas]

  • Non-Sequiturs: 01.19.18
    Non-Sequiturs

    Non-Sequiturs: 01.19.18

    * When it comes to the retrial of sexual-assault charges against Bill Cosby, there are many women — 19, to be exact — willing to testify #MeToo. [Jezebel]

    * Best friends: which organizations file the most amicus briefs in the U.S. Supreme Court? [Empirical SCOTUS]

    * Judicata just ranked the brief-writing skills of 20 top California law firms; how did your firm fare? [Dewey B Strategic]

    * How will artificial intelligence transform society? Brad Smith, president and chief legal officer of Microsoft, and Harry Shum, executive VP of Microsoft’s AI and research Group, share their insights. [Microsoft]

    * Speaking of AI, how will it affect the world of legal practice? Jake Heller, CEO of AI pioneer Casetext, has answers.
    [Artificial Lawyer]

    * Professor Noah Feldman identifies the shortcomings of Twitter as a forum for legal discussion (but has some kind words for legal blogs, including the one you’re reading right now). [Bloomberg]

    * Message boards are also valuable resources — like this one, “where all the unemployed lawyers go to cry.” [The Outline]

    * Marc Randazza is a commendably fierce defender of the First Amendment, but this latest case might be a bridge too far. [Huffington Post]

    * Check out this fascinating profile of a Mormon lawyer who lost his faith searching for an archaeological site. [Science]

    * Why do we need people from s**thole countries? Meet five lawyers who prove the merits of immigration. [Lawfuel]

    * Think twice before asking your accountant buddy to do your taxes for you. [Going Concern]

    * Speaking of taxes, we’ve finally uncovered the real victims of the new tax scheme — partners who want a break on sports tickets. [Accounting Today]

  • Non-Sequiturs: 01.12.18
    Non-Sequiturs

    Non-Sequiturs: 01.12.18

    Ed. note: We will not be publishing on Monday, January 15, in observance of Martin Luther King Jr. Day.

    * Will Geoffrey Berman, acting U.S. Attorney for the Southern District of New York, recuse from Deutsche Bank matters? It sure sounds like he should…. [Bloomberg Politics]

    * Judge Shira A. Scheindlin and Joel Cohen offer advice to companies on how to handle sexual harassment allegations in a manner consistent with due process. [Guardian]

    * And Glenn Reynolds has this modest proposal, also related to the problem of sexual harassment (in the federal judiciary): abolish clerkships. [Wall Street Journal]

    * A quartet of tax law professors explain how a proposal to transform state and local tax payments into deductible charitable contributions to state and local government organizations could actually work.
    [Slate]

    * From Biglaw to big bucks: former associates Stephen Scanlan and Travis Leon sell their law-related startup, XRef, for a cool $10 million. [RollOnFriday]

    * Professor Eugene Volokh: “There’s a fine line between being a ‘badass’ and….” [Volokh Conspiracy / Reason]

    * “Appeals court OKs F-Bombs for federal trademark protection.” F**king finally. [Techdirt]

    * The Dewey & LeBoeuf criminal case ends with a whimper: former accounting manager Victoria Harrington just got sentenced to unconditional release (i.e., no prison time). [Law360]

Sponsored

  • Non-Sequiturs: 01.05.18
    Non-Sequiturs

    Non-Sequiturs: 01.05.18

    * Attorney General Jeff Sessions is planning to challenge immigration judges over their authority to close cases without rendering decisions — because in doing so, they’re allowing immigrants to remain in this country without legal status of any kind. [ABA Journal]

    * Has a new era in textualism arrived at the Supreme Court? An examination of the use textualism by justices and attorneys at the high court since 2013. [Empirical SCOTUS]

    * According to a new survey, a “sizeable” amount of sexual harassment goes down at annual academic meetings. We hope this isn’t the case at the 2018 meeting of the American Association of Law Schools, which is wrapping up tomorrow. [TaxProf Blog]

    * Attorney Charles Harder may have brought Gawker to its knees, but Michael Wolff, the author of the book that the president wants banished, isn’t afraid of him. [Law and More]

    * Check out the 11 craziest crime stories from the year that was. Some of these are almost too hard to believe happened in real life. [Versus Texas]

  • Non-Sequiturs: 12.29.17
    Non-Sequiturs

    Non-Sequiturs: 12.29.17

    * Luke Skywalker’s legal duty to save the galaxy. (Spoilers for The Last Jedi.) [The Legal Geeks]

    * Will the class-action lawsuits against Apple for throttling older phones lead to a resurgence in class-actions? [Law and More]

    * The latest episode of the Amicus podcast explores how to combat a history of harassment in the judiciary in the wake of the Alex Kozinski scandal. [Slate]

    * Tracking the use of the phrase “help me” by Supreme Court justices in oral arguments… which is to track the passive-aggressive stylings of the Court. [Empirical SCOTUS]

    https://www.youtube.com/watch?v=yWP6Qki8mWc

    * Yup, this is how the President of the United States used his Twitter account in 2017. [The Hill]

    * Speaking of the President, he teases a Constitutional crisis in an impromptu interview. [Huffington Post]

    * Could a feminist perspective change the tax code? [TaxProf Blog]

  • Non-Sequiturs: 12.22.17
    Non-Sequiturs

    Non-Sequiturs: 12.22.17

    * Paul Weiss didn’t always want Jeh Johnson — he didn’t even get a callback when he applied in law school. [Coverage Opinions]

    * With a title like “On The Ripeness of Potted Plants and Other Non Sequiturs,” how could this not make this post? [Take Care Blog]

    * Want to avoid stress? Start volunteering. I’m not sure where the time for that will come from, but it is a great idea. [Motherboard]

    * While we were talking about bonuses, the Cliven Bundy was declared a mistrial over a slew of Brady violations, meaning, for once, the Bundys were right that the government overstepped its authority at their expense. [LA Times]

    * Wear the same outfit as a feminist statement. Really. [Quartz]

    * What will happen with blockchain in the legal industry in 2018? [Law and More]

    * Reading tea leaves in Masterpiece Cake. [Empirical SCOTUS]

  • Non-Sequiturs: 12.15.17
    Non-Sequiturs

    Non-Sequiturs: 12.15.17

    * What are the legal words of the year? Here’s a hint, Above the Law helped popularize some of them. [Clear Writing]

    * What will due process look like for Judge Alex Kozinski? Here’s a hint, a lifetime appointment certainly changes things. [National Law Journal]

    * Is law school really “cool” again? Here’s a hint, it never was. [Law and More]

    * What do you need to know about tax law in Trumpland? Here’s a hint, Tax Prof Blog has you covered. [Tax Prof Blog]

    * Did Florida congressman Matt Gaetz really call for Robert Mueller to be fired? Here’s a hint, he’s not so good at “optics.” [ABC News]

    * Do you really have to deal with sleep deprivation as a working mom? Here’s a hint, yes. Yes, you do (and here’re some tips to get through). [CorporetteMoms]

  • Non-Sequiturs: 12.08.17
    Non-Sequiturs

    Non-Sequiturs: 12.08.17

    * Corporations: 1. Unpaid Interns: 0. [Hollywood Reporter]

    * Don Jr.’s claim of attorney-client privilege over a conversation he had with Daddy probably won’t stand up if Mueller pushes the issue. [Talking Points Memo]

    * A review of John Grisham’s latest — when law students go rogue. [Law and More]

    * How liberal or conservative are the judges in your state? See the chart on page 1743 of this new study! [SSRN]

    * Working moms conquer their toughest holiday challenges. [CorporetteMoms]

    * Jobs Attorneys Hate for $100, Alex. Publicly pulling back from your client’s “misunderstanding.” [The Root]

    * The battle between former Louisville basketball coach Rick Pitino and Papa John. [Deadspin]

  • Non-Sequiturs: 11.17.17
    Non-Sequiturs

    Non-Sequiturs: 11.17.17

    * The Federalist Society is proposing a court-packing scheme because that’s what the Founders would have, you know, never wanted. [Think Progress]

    * A deep dive into Justice Kennedy’s likely role in Masterpiece Cakeshop v. Colorado Civil Rights Commission. [Empirical SCOTUS]

    * New York may not be having a constitutional convention, but that’s not going to stop the state’s chief judge from reforming its “byzantine” court system. [New York Law Journal]

    * Frugal or a failure to launch? You be the judge. [Corporette]

    * One of the finest sentences of the week: “a free-speech advisory group at Ohio University ‘discussed the critical importance of transparency’ — and then unanimously voted to close its meetings to the public.” [Chronicle of Higher Ed]

    * There really is nothing like Above the Law out there. [Law and More]

    * Savoring the small moments that bring joy to a lawyer. We all need to find what keeps us happy and grounded. For me, it’s Trent Garmon’s writing. [Joy in the Law]