Orin Kerr

* SeaWorld lost its appeal. Apparently it’s not safe to lock murderous animals in a small pool and have people swim with them. [Blog of the Legal Times]

* Do you know what “Heartbleed” is? If the answer is no, you need to click on this immediately for the 10 things every lawyer needs to know about the latest computer security crisis. [Versus Texas]

* We’ve been hearing about declining law school applications, now let’s look at new projections of law school graduates. [The Faculty Lounge]

* Professor Orin Kerr explains that it might be time for courts to adopt computer-specific Fourth Amendment rules. Adapting 18th Century thinking to meet modern times? That’s crazy talk. [The Volokh Conspiracy / Washington Post]

* These guys must be the best Grand Theft Auto players ever. [Legal Juice]

* Being nice is a strength rather than a weakness. I’m incredulous. [Katz Justice]

‘Congratulations. You’re still in the running towards becoming America’s next top law review.’

Replace the gorgeous, leggy models with bespectacled, Bluebook-wielding law students. Replace the photo shoots with cite checks. Replace Tyra Banks with a law librarian.

Voilà! You’ve replaced America’s Next Top Model with something far more fabulous: America’s Next Top Law Review.

And yes, there is a new top law review. Harvard Law Review, which has dominated the leading set of rankings for the past seven years, has been dethroned. To quote Dani from Cycle 6 of ANTM, “Shut yo mouth and say it ain’t true!”

Oh, but it is true. They’re all beautiful — or at least impeccably Bluebooked — but only one girl has what it takes. Who is the nation’s new #1 law journal?

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A clerk at One First Street (click to enlarge).

Ten years after their time at One First Street, where do Supreme Court clerks wind up? Back in 2004, I tossed out a number of possibilities: high-ranking government posts, lucrative partnerships at leading law firms, and tenured professorships at top law schools.

That seems to be about right. Professor Derek Muller put together this interesting analysis — via Orin Kerr, via Judge Dillard on Twitter — of the SCOTUS clerk class from ten years ago. The clerks for October Term 2003 now occupy some pretty prestigious perches, including posts in the Solicitor General’s Office and the Office of Legal Counsel, professorships at Harvard and Yale, and partnerships at Sullivan & Cromwell and Paul Weiss.

Who will follow in their footsteps? We have some new goodies for devotees of SCOTUS law clerk hiring.

Keep reading for a look at (1) the official list of Supreme Court clerks for October Term 2013, courtesy of the Court itself; (2) our unofficial list of OT 2013 clerks, with law school and prior clerkship information; and (3) an updated list of October Term 2014 hires thus far. Justice Ruth Bader Ginsburg has hired multiple clerks for OT 2014, suggesting that she’s not going anywhere….

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This past Wednesday, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit delivered the Madison Lecture on Judicial Engagement at Columbia Law School. The lecture series, sponsored by the CLS chapter of the Federalist Society, brings distinguished jurists to Columbia to discuss topics relevant to the federal judiciary and the administration of justice.

(Perhaps we should put “at” Columbia Law in quotation marks; Judge Posner actually appeared via video conference. That shouldn’t surprise, coming from a judge who lists The Matrix as one of his favorite films.)

In his talk, entitled “How I Interpret Statutes and the Constitution,” Judge Posner was his usual candid self. He offered commentary on two recent books about statutory and constitutional interpretation — books that he’s not a fan of.

Yes, readers. There will be benchslaps….

double red triangle arrows Continue reading “Judge Posner on Statutory Interpretation: This Is How We Do It”

Actually, just like most cert petitions, drama got denied. In an interview last night with Piers Morgan of CNN, Justice Antonin Scalia, the Supreme Court’s longest-serving member, denied that he had any kind of tiff with Chief Justice John Roberts over National Federation of Independent Business v. Sebelius (aka the Affordable Care Act case, aka Obamacare).

Justice Scalia’s denial of drama is pretty funny, actually. Let’s read about it — along with the latest opinion polls about public approval of the SCOTUS….

double red triangle arrows Continue reading “The Not-So-Young and the Restless: Drama at One First Street?”

This week, Legal Eagle Wedding Watch salutes… a divorce lawyer. This one dutifully dissolved her client’s marriage, seeing him through a contentious custody battle. But then she went the extra mile and set him up with his next wife. Attention, divorce bar: We smell a new business model.

But let’s not let talk of divorce spoil our ooh-ing and ahh-ing over some tender new lawyer marriages. Here are this week’s finalists:

Ainsley Fuhr and Orin Kerr

Alison Silber and Eric Lesser

Elizabeth Marshall and Jeffrey Leeds

Read on for all the juicy details on these newlyweds, plus a recap of all the recent legal-eagle nuptials….

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Do you really want this guy as your boss?

If there is one golden rule in the technological age, it would likely be that you don’t share your electronic passwords with anyone. Tech companies routinely tell their customers that they will never ask for their users’ security information. Common knowledge says you shouldn’t share passwords with friends, lovers, or even family members. Because when you share that information, you might end up getting arrested for selling contraband to Iran, and your iPhone might wind up at the bottom of a canyon.

So what do you do when a prospective employer wants to login to Facebook — as you — during a job interview? Weep and gnash your teeth? Yeah, that’s what I thought…

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[T]he dislike [for legal academics] is a result of law professors being too much in the world. You see, law professors — and I should disclose here that I am one — very nearly run the world, or at least certain parts of the U.S. government. When you include Justice Anthony Kennedy, who taught nights, they make up the majority of the Supreme Court.

– Professor Noah Feldman, in an interesting and provocative Bloomberg opinion piece (via Overlawyered), responding in part to David Segal’s latest New York Times piece criticizing legal education.

(Additional excerpts and discussion, after the jump.)

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Lindsay Lohan

* Professor Glenn Reynolds notes Lindsay Lohan’s swift movement through the jail system. [Instapundit]

* Professor Orin Kerr notes Professor Stephen Higginson’s swift movement onto the Fifth Circuit — in apparent violation of the rule in judicial nominations “that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials.” [Volokh Conspiracy]

* Professor Larry Ribstein notes the growing competition between Biglaw and the in-house world. [Truth on the Market]

* If you’re having a hard time keeping track of all the lawsuits in which law firms and their partners are parties rather than counsel, check out this handy guide from Brian Baxter. [Am Law Daily]

Professor Paul Campos

* How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [Not-So Private Parts / Forbes]

* Here’s an interesting profile of Professor Paul Campos, the legal academic behind the controversial Inside the Law School Scam blog. [National Law Journal]

* And here’s commentary on Karen Sloan’s NLJ piece by Professor Paul Horwitz. [PrawfsBlawg]

* Still on the subject of scamblogging, where do retired scambloggers go? Apparently they start doing podcasts about reality television. [Top Chef Refire]

In an event I did a few years ago at the University of Chicago with Judge Richard Posner (check out the podcast here), Judge Posner tossed out a delicious little blind item. He mentioned a federal judge in Chicago who would fire law clerks for what she viewed as a very grave offense: splitting infinitives in written work product.

But is splitting infinitives really such a crime?

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