Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)
If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.
Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?
* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
* Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]
* The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]
* Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]
* In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]
* On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]
* Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]
* Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]
* Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]
* Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]
* Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]
* Have you ever wondered why Justice Clarence Thomas hasn’t spoken during oral arguments before SCOTUS in more than six years? It’s probably because he hates them so much that he thinks we should “do away” with them entirely. [Charlotte Observer]
* Former Solicitor General Paul Clement, he of unparalleled oral advocacy skills, claims that there’s “no magic formula for time management” — but having a superior legal mind certainly helps the situation when preparing for argument. [Appellate Daily]
* It’s “highly likely” that Rajat Gupta will won’t take the witness stand to testify in his own defense at his insider-trading trial. Query what Benula Bensam would have written to Judge Rakoff about that. [Los Angeles Times]
* If you’re thinking of hopping on the “blame the ABA” bandwagon in defense of your employment statistics, think again. A federal judge rejected Cooley Law’s argument on that front last week. [National Law Journal]
* Meanwhile, Cooley “isn’t interested in reducing the size of its entering class on the basis of the perceived benefit to society,” but at least ten other schools will be reducing class sizes. [Wall Street Journal (sub. req.)]
* A judge denied Jerry Sandusky’s motion to dismiss the charges against him. The former football coach clearly needed 1-800-REALITY check if he seriously thought that his request was going to be granted. [CNN]
* If you’re planning on living rent-free in New York City for almost a decade, make sure you’re doing it in a building that isn’t up to code. You’ll never be evicted thanks to this Court of Appeals ruling. [New York Times]
* While Dewey’s former culture gets roasted on a spit, and the seemingly unending drama gets turned into a montage of living lawyer jokes, we’re still waiting for the final punchline. [New York Times; Wall Street Journal]
* Don Verrilli tried so hard, and got so far (depending on who you ask), but in the end, it doesn’t even matter. When Linkin Park lyrics apply to your oral argument skills, you know you’re kind of screwed. [New York Times]
* The 9/11 arraignments went off without a hitch this weekend. And by that, we mean that it was a 13 hour hearing filled multiple interruptions, and grandstanding about “appropriate” courtroom fashion. [Fox News]
* In a “re-re-reversal,” Judge Jerry Smith, on a three-judge panel of the Fifth Circuit, reinstated Planned Parenthood’s injunction against Texas without even so much as a homework assignment. [Dallas Observer]
* The It Gets Worse Project: if you thought that the Law School Transparency debt figures were scary before, then take a look at them now. Six figures of debt just got a lot harder to swallow. [National Law Journal]
* Scalia gets busted on a case of hot-dog hooking. No, not that Scalia. A woman from Long Island has been accused, for the second time, of selling swallowing foot-longs in the back of her food truck. [New York Post]
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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