Oral Argument
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7th Circuit, Benchslaps, Litigators, Richard Posner, Ted Frank
More Benchslaps -- But Mild Ones -- From Judge Richard Posner
Judge Posner channels Mr. Spock: "So [your client] is not logical, you're saying." -
5th Circuit, Benchslaps, Litigators, Racism
How Not To Behave At Oral Argument
Don't condescend to the judges on your appellate panel, and try to show up wearing pants... - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
2nd Circuit, Federal Judges, Technology
Today’s Tech: A Federal Judge And His iPad (Part 1)
Why does Judge Wesley of the Second Circuit love using his iPad at oral argument? Let him count the ways.
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Erwin Chemerinsky, Jeffrey Toobin, Politics, SCOTUS, Supreme Court
A Conservative Case For Keeping Cameras Out Of The Courtroom
Conservative columnist Tamara Tabo makes her case against cameras in the courtroom at SCOTUS. -
7th Circuit, Benchslaps, Federal Judges, Health Care / Medicine, Miguel Estrada, Religion, Richard Posner, Rudeness
The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner
Isn't this oral argument painful to listen to? -
Antonin Scalia, Litigators, SCOTUS, Supreme Court
Justice Scalia Mercilessly Mocks A Lawyer (And He Was Totally Right To Do It)
Commentators are chastising Justice Scalia for screwing with a lawyer before him, but Scalia was only trying to help. -
Benchslaps, Health Care / Medicine, Jews, Law Schools, Non-Sequiturs, Racism, SCOTUS, Supreme Court, Television, United Kingdom / Great Britain
Non-Sequiturs: 01.07.14
* Downton Abbey has inspired a new bill making its way through the House of Lords, who apparently watched the show and figured out for the first time that women get screwed by the law of entail. Now if they can just pass a law that would keep Bates out of prison in the first place. [The Atlantic] * Ben Adlin reminisces about the era when the Supreme Court actually cared about oral arguments. [Summary Judgments] * An interesting infographic on where Superlawyers went to school. Finally a ranking where NYU can top Yale. [Online Paralegal Programs] * Another installment of classic ads ruined by lawyers. [Vice] * Fifth Circuit judges aren’t the only ones to tell their colleagues to shut up; here’s some fun news from the Philippines. [Manila Times] * French cities have banned performances of a comedian with a history of racking up hate speech fines. I mean, since when has anti-Semitism been a problem in Europe? [Al Jazeera] * If you think conservative arguments against the Affordable Care Act are dumb, check out liberal columnists arguing that Obama screwed up by not pushing for single-payer. [Lawyers, Guns & Money] -
Fabulosity, Paul Clement, Politics, SCOTUS, Supreme Court, Supreme Court Clerks
A Young Superstar Makes Her Supreme Court Debut
Which legal eagle is making her first solo flight before SCOTUS? - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Attorney Misconduct, Biglaw, California, Celebrities, Depositions, Divorce Train Wrecks, Federal Judges, Gay, Gay Marriage, Law Schools, Legal Ethics, Minority Issues, Money, Morning Docket, Practice Pointers, Racism
Morning Docket: 08.15.13
* 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]
* Notebooks from the most famous law school you’ve never heard of are now on digital display thanks to Harvard Law. Unlike today’s students, Litchfield lawyers had lovely handwriting. [Brainiac / Boston Globe]
* 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]
* Sure, Lamar Odom allegedly cheated on Khloe Kardashian with a lawyer, but that doesn’t mean they’re going to get divorced. If they do, we’ll be there for the train wreck. [Ministry of Gossip / Los Angeles Times]
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9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court
Morning Docket: 07.01.13
* 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]
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Quote of the Day, Samuel Alito, SCOTUS, Supreme Court, Texas
Oral Argument: A 'Contact Sport' For Nerds?
But are oral arguments before the Supreme Court touch or tackle? -
Antonin Scalia, Benchslaps, California, Constitutional Law, Gay, Gay Marriage, Quote of the Day, SCOTUS, Supreme Court, Ted Olson
One Supreme Benchslap, Coming Right Up!
Did you seriously think you could get away with asking Justice Scalia a rhetorical question during oral arguments? -
Clarence Thomas, Federal Judges, Law Schools, Quote of the Day, SCOTUS, Supreme Court
Quote of the Day: What Justice Thomas Actually Said
The U.S. Supreme Court has released a revised transcript of the oral argument in Boyer v. Louisiana. What does this latest transcript attribute to Justice Thomas?
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Clarence Thomas, Federal Judges, Law Schools, Quote of the Day, SCOTUS, Supreme Court
Quote of the Day: Justice Thomas Speaks!
Justice Thomas just spoke during argument for the first time in almost seven years. What did he say? -
Football, Insider Trading, Jed Rakoff, Law Schools, Morning Docket, Paul Clement, Real Estate, SCOTUS, Supreme Court, Trials
Morning Docket: 06.11.12
* 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
willwon’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]
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5th Circuit, 9/11, Abortion, Biglaw, Dewey & LeBoeuf, Food, Law Schools, Morning Docket, Prostitution, SCOTUS, Sex, Sex Scandals, Student Loans, Supreme Court, Texas
Morning Docket: 05.07.12
* 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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Anthony Kennedy, Carter Phillips, Interview Stories, Litigators, Paul Clement, SCOTUS, Supreme Court
ATL Interview: Carter Phillips Talks About the Obamacare Arguments
Above the Law talks to veteran SCOTUS litigator Carter Phillips about last week's Obamacare arguments. -
Quote of the Day, Samuel Alito, SCOTUS, Supreme Court
Quote of the Day: These Are Not the Laws You Are Looking For
What business does a case like that have in the courts of the United States? -
5th Circuit, Benchslaps, Edith Jones, Federal Judges, Judicial Divas, Reader Polls, Ridiculousness, Rudeness, Sam Sparks, Texas, Vicious Infighting
Judicial Diva Gone Wild? Chief Judge Jones Tells Judge Dennis to 'Shut Up'
Can you enforce civility by being... uncivil? That's the question being raised, over and over again, by federal judges from Texas these days. Check out the latest craziness -- an en banc hearing before the Fifth Circuit that generated judicial fireworks, culminating in a judge essentially telling a colleague to STFU or GTFO....