North Carolina
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Non-Sequiturs
Non-Sequiturs: 09.22.16
* A look at the Supreme Court’s IP docket for next Term. [The Fashion Law]
* The Los Angeles Rams just lost a lawsuit to its personal seat license holders back in St. Louis. [Deadspin]
* Judges in North Carolina can still refuse to perform same-sex weddings. And, it may not change any time soon. [The Atlantic]
* Michelle Alexander, author of The New Jim Crow (affiliate link), is taking a break from Ohio State’s Moritz College of Law to serve as a visiting professor at the Union Theological Seminary. [Union Theological Seminary]
* The uneven resources in local criminal prosecutions. [Katz Justice]
* Tiffany & Co. aggressively defends its trademarks. [Androvett Blog]
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Non-Sequiturs
Non-Sequiturs: 08.31.16
* SCOTUS is having none of the North Carolina voter ID bullsh*t. [Huffington Post]
* Being a good defense lawyer is about finding and owning the paths to winning. [Katz Justice]
* Some people really want to give UNT Dallas College of Law another shot at accreditation. [Texas Lawyer]
* The lowdown on the recent decision requiring class action plaintiffs to disclose litigation funding. [Dando Diary]
* A comparison of how Hurst and Whole Woman’s Health have been applied differently by state courts. [Empirical SCOTUS]
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Justice, Police
'Comply Or Die' Policing Claims A Hearing-Impaired Victim
This issue isn't about "sensitivity" training or "political correctness," it's about getting police officers to follow the law. -
Non-Sequiturs
Non-Sequiturs: 08.18.16
* North Carolina really wants to keep its voter ID law alive. [Lawyers, Guns and Money]
* RIP Gawker. [Gawker]
* Even Biglaw firms know Martin Shkreli is toxic. [Law360]
* Which SCOTUS cases from this past term are already getting cited by lower courts? [Empirical SCOTUS]
* Breakdown of how Pennsylvania Attorney General Kathleen Kane wound up a convicted criminal. [Vice]
* Northwestern Law professor Deborah Tuerkheimer discusses sexual assault on campus. [Legal Talk Network]
* Donald Trump and Roger Ailes are teaming up, but maybe it isn’t Hillary Clinton who should be worried. [Law and More]
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Morning Docket
Morning Docket: 08.08.16
* Today, the ABA will vote on a proposed change to the model rules of professional conduct that would prohibit harassment and discrimination by lawyers while practicing law. This may put an end to sexism in the law, but critics say it will chill zealous representation. [DealBook / New York Times; Seattle Times]
* “[I]f the polls continue to show that vulnerable Republicans are experiencing backlash, there will be greater momentum to give Garland a hearing during the lame duck.” If Donald Trump continues to return unimpressive poll results, some say that Supreme Court nominee Chief Justice Merrick Garland could receive a hearing after all. [The Hill]
* “Changing our state’s election laws close to the upcoming election … will create confusion for voters and poll workers.” Last week, the Fourth Circuit struck down North Carolina’s voter ID law, and now, North Carolina plans to ask the Supreme Court to allow that law to stand via stay in light of the upcoming presidential election. [Reuters]
* Who are fourteen of the most successful Harvard Law School alumni of all time? Would it surprise you that five of them are Supreme Court justices, two of them are U.S. presidents, three of them are would-be U.S. presidents, two of them are business magnates, and only one is actively practicing law as an attorney? [Business Insider]
* Julie Kay, intrepid reporter on the business of law, RIP. [Daily Business Review]
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Election Law
Court Basically Calls North Carolina Racist, Strikes Down Voter Suppression Laws
North Carolina obviously enacted their voter laws in response to black turnout. The Court just called them on it. -
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Morning Docket
Morning Docket: 05.10.16
* “None of us can stand by when a state enters the business of legislating identity and insists that a person pretend to be something or someone they are not.” The Justice Department and North Carolina have traded dueling pleadings over HB2, the so-called “bathroom bill.” AG Loretta Lynch’s press conference announcing the DOJ countersuit was nothing short of awe-inspiring. [New York Times]
* Just one week after threatening to strip Arizona Law from access to its law school applications and admissions clearinghouse, the Law School Admission Council is backing down, saying it will “maintain the status quo” until the ABA makes a decision on the validity of the GRE over the LSAT as a law school entrance exam. [WSJ Law Blog]
* “On behalf of the Section of Family Law, we pose the following question: WHAT PART OF ‘NO!’ DO YOU NOT UNDERSTAND?” Lawyers are still deeply opposed to non-lawyer ownership of and investment in law firms, and they’re apparently not afraid to stand up and let the ABA know how they really feel about it. [On the Case / Reuters]
* After only two days of trial, a judge has dismissed the ultra-salacious case filed by Manuela Herzer challenging 92-year-old Sumner Redstone’s mental competence. The media mogul’s lawyers now intend to sue Herzer and another of his former flames to recover $150 million in cash and gifts he gave to them. [Los Angeles Times; Variety]
* “Thank you, Mr. Boies, that was an unadulterated pleasure.” You might have missed the finale of The Good Wife this weekend, but this Biglaw celebrity made time to appear on the show for a cameo role as himself. David Boies of Boies Schiller appeared as an expert witness for about 30 seconds in the first half of the episode. [Big Law Business]
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Non-Sequiturs
Non-Sequiturs: 05.04.16
* Remember how Villanova won the NCAA men’s basketball championship on a crazy buzzer beater? It didn’t hurt to have support from the man upstairs or at least from the priest on their bench. Father Rob Hagan is a criminal lawyer turned chaplain for the Villanova men’s basketball team. [Coverage Opinions]
* The Department of Justice has come to the completely obvious conclusion that North Carolina’s potty police bill violates the Civil Right Act, and now millions in federal school funding are in jeopardy. Just what the world needs, a decline in the education of the people that passed HB2. [Charlotte Observer]
* An interesting proposal says law schools and engineering programs should share curriculum. But I was assured there’d be no math… [Chronicle of Higher Education]
* The West Point debate team may have lost to a team from the Bard Prison Initiative, but they gained a lot in the process. [Washington Post]
* Yeah, bar exam results from everywhere have been bad, but these Kansas results are really bad. [Bar Exam Stats]
* An illuminating interview with author Anthony Papa, who was granted clemency after serving 12 years for a non-violent drug offense. [Keri Blakinger]
* How well do states do when they are in front of the Supreme Court, and which are the most successful? [Empirical SCOTUS]
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Law Professors, Politics
How One Law Professor Responded To Hate And Economic Devastation In North Carolina
This law professor wants to put an end to North Carolina's bathroom law, so he's running for State Senate. -
Non-Sequiturs
Non-Sequiturs: 04.22.16
* Has the death of Justice Scalia turned the Supreme Court more liberal? [Empirical SCOTUS]
* The best Supreme Court sketch featuring a sleeping Clarence Thomas you will see all year. [Slate]
* “We’re all just people. Trying to pee in peace.” A trans activist speaks out about North Carolina’s discriminatory bathroom law. [Buzzfeed]
* An update on the legal problems plaguing Uber. [Huffington Post]
* The diplomatic strategy involved in expanding intellectual property rights. [Lawyers, Guns and Money]
* Serving lattes instead of having a law library. [3 Geeks and a Law Blog]
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Judge of the Day, Military / Military Law
Judge Spends The Night In Jail To Help Veteran With PTSD
This compassionate veteran wins our Judge of the Day title.
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State Judges, Women's Issues
Judge Orders Breastfeeding Litigant To Leave Courtroom
Do you think this judge was out of line? -
Non-Sequiturs
Non-Sequiturs: 04.07.16
* Feel utterly powerless at your law firm? You aren’t alone, and here are some tips for reclaiming your power. [Law and More]
* When you are engaging with a threatening opponent, make sure you never let your guard down. [Katz Justice]
* One of the lasting legacies of the Clarence Thomas confirmation hearing, about to get the dramatic treatment by HBO, is the creation of the Independent Women’s Forum, a conservative, anti-feminist powerhouse. [Slate]
* Barbara MF Streisand is weighing in on the state of the Supreme Court, because why wouldn’t you care about what Funny Girl has to say about the Court. [Huffington Post]
* U.S. District Judge Jeremy D. Fogel is preaching the benefits of mindfulness. [WSJ Law Blog]
* Looking back on the history of legal blogging. [Big Law Business]
* Yeah, cops have no idea how they are supposed to enforce the North Carolina anti-LGBTQ bill. [Gawker]
* Don’t forget! We are taking submission for ATL’s annual Law Revue Contest. Deadline is April 18th. [Above the Law]
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Non-Sequiturs
Non-Sequiturs: 03.24.16
* You may have heard about North Carolina’s new anti-LGBTQ law (and the inauspicious circumstances surrounding its passage), but it seems unlikely to withstand constitutional muster. [Slate]
* In the latest case before the Supreme Court over the Affordable Care Act’s contraceptive provision, the conservative justices — all male, natch — fail to grasp the basics of contraceptives, insurance. [Talking Points Memo]
* Previewing the issues in United States Army Corps of Engineers v. Hawkes surrounding finality under the Clean Water Act. [SCOTUSblog]
* Republicans are in favor of open-carry laws, but what about at their own convention? [Gawker]
* Vice President Joe Biden has some biting words over Congress’s obstructionist plan over Merrick Garland’s nomination. [Huffington Post]
* Is there really strong opposition to free trade? Has the U.S. plunged into a policy without caring about the repercussions of said policy? [Lawyers, Guns and Money]
* Jian Ghomeshi was acquitted on sexual abuse charges, and now the complaining witnesses are talking about their experiences with the justice system. [Jezebel]
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Non-Sequiturs
Non-Sequiturs: 03.17.16
* Shocker! North Carolina’s voter ID law primarily impacted young voters of color. (Actually, I am not surprised at all.) [Democracy Now]
* Embrace the nerdiness of Merrrick Garland, you know you want to. [Comic Book Resources]
* Does the #HulkvGawk case mean that being an internet smart-ass isn’t cool anymore? God, I hope not. [Law and More]
* It is easy to blame the poor for their lot in life, much harder to do anything about the underlying issues. [Lawyers, Guns and Money]
* Merrick Garland: theater critic. [The Crimson]
* It’s science! Here is what data science tells us about Merrick Garland. [Ravel Law]
* Looking for an easy way for your clients to pay? A new option is coming your way. [My Case]
* Fingers crossed! GOP opposition to President Obama’s SCOTUS nomination is cracking. [Huffington Post]
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Attorney Misconduct, Crime
Blood In The Water: Lawyer In Trouble For Stealing Ancient Shark's Tooth From Museum
This ethical shark bite could've been a career killer. -
Non-Sequiturs
Non-Sequiturs: 02.19.16
* The cynical reality of the coming constitutional fights. [Eric Posner]
* It doesn’t look like the Supreme Court will stop North Carolina’s redistricting order. [Politico]
* Can Chief Justice Roberts save the Court from partisan politics? [New Republic]
* The First Amendment even applies to lawyers with blogs. [Consumer Law & Policy Blog]
* The perfect way to make sure you are in compliance with every law and regulation, according to Professors Dan Solove and Woodrow Hartzog. [SSRN]
* Affluenza teen grows up! Ethan Couch will be tried as an adult. [Gawker]
* David Lat tells you how to take control of your career. [Legal Talk Network]
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Attorney Misconduct, Legal Ethics
Lawyer Hit With Disciplinary Charges For Comparing Judges To Monica Lewinsky, Bragging About His Farts
He allegedly wrote in a motion that his farts contain "more integrity and legal competence than is possessed by all the [judges] on this panel combined."