Politics
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Non-Sequiturs
Non-Sequiturs: 05.27.18
Ed. note: We will not be publishing on Monday, May 28, in observance of Memorial Day. We will return to our regular publication schedule on Tuesday, May 29.
* What is up with the lively Twitter feed of George T. Conway, former Wachtell Lipton partner and husband of top Trump adviser Kellyanne Conway? It’s not entirely clear — but if you’re not already following GTC, you should be. [Politico]
* Because Masterpiece Cakeshop isn’t the only cake controversy out there: mom tries to get “summa cum laude” written on her son’s graduation cake, hilarity sues. [Althouse]
* Over at the invaluable Take Care blog, you can now find an extensive database of articles addressing impeachment in the Age of Trump — to complement Laurence Tribe and Joshua Matz’s new book about impeachment (affiliate link). [Take Care]
* Is Justice Anthony M. Kennedy about to retire from the Supreme Court? Per Adam Feldman, “signs point to Justice Kennedy remaining on the Court past this term notwithstanding all of the discussion surrounding his retirement.” [Empirical SCOTUS]
* When #MeToo meets defamation claims: a court tosses Tavis Smiley’s libel claim against PBS. [Volokh Conspiracy / Reason]
* “Surprise! Your expert witness has a rap sheet.” And there’s no plug-and-play solution to vetting expert witnesses, as Jean O’Grady explains. [Dewey B Strategic]
* Saira Rao, who helped diversify the world of children’s books, hopes to do the same for politics — by becoming Colorado’s first woman of color elected to Congress. [Teen Vogue]
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Courts
Bye-Bye To Blue Slips
The demise of blue slips is good news for the federal judiciary -- and the American people. - Sponsored
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Courts
Asking About Brown v. Board Is 'Gutter Politics,' According To Senate Judiciary Official
This response should shock the conscience of every American.
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Morning Docket
Morning Docket: 05.10.18
* McDermott Will & Emery has a new plan to protect Michael Cohen: get Michael Avenatti’s pro hac motion denied. That seems… weak. [National Law Journal]
* Another list of possible successors to Eric Schneiderman. Still no one talking about Eliot Spitzer… that guy has experience! [Law360]
* David Lat argues that the end of blue slips is a good thing for the judiciary over the long-term. He’s totally right, and regardless of the naked cynicism involved, it’s refreshing that Senate Republicans have decided to ditch their states’ rights principles over this. [New York Times]
* Interesting election-related legal issue: can Facebook ban international advertisers from buying ad space related to the upcoming midterms? The answer seems to be yes. [Corporate Counsel]
* Have lawyers finally embraced the cloud? [Legaltech News]
* Managing clerk isn’t known as a particularly lucrative position. But a former Simpson Thacher clerk figured out how to make ends meet. Unfortunately, he’s going to have to go to jail for it. [American Lawyer]
* Lawyers for white guy accused of murdering a black student argue that his Facebook posts are too offensive to be shown to the jury. They say stuff about him hating black people and, really, what’s the probative value of that in a case where the defendant had no apparent motive other than racial animus? [Daily Beast]
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Government
It's Not A 'Perjury Trap' Just Because You Plan To Commit Perjury
Trump's supporters are calling Mueller's request for an interview a "trap." They're wrong. -
Government
A Wachtell Lipton Lawyer Who Speaks His Mind
Even if it involves tweeting critically about his wife's current boss, President Donald Trump. -
Politics
Trump Ends Giuliani Week With Traditional Ceremony Under The Bus
Nothing matters, y'all. Nothing even matters. -
Law Schools
Women Are Flocking To Law School Thanks To Donald Trump
The Trump bump is real, and women who want change in America are heading to law school. - 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… -
Crime
It's Giuliani Time! Rudy Ritualistically Suicides One Case To Try To Save Trump From Another
Thing is, I think Giuliani ineffectively inoculated Trump from campaign finance violations, while successfully murdering all credibility. -
Courts
More Judicial Nominations From President Trump -- And More Judicial Emergencies
April brought not one but two waves of new nominees from the White House. -
Government
Apropos Of Nothing, Let's Consider The History Of Impeachment
Everyone remembers the Clinton affair, but who really remembers all the rest? -
Courts
When You Hear Whining About Judicial Vacancies, Don't Get Played
It's not that they're wrong, it's that they're incredibly disingenuous about it. -
Law Schools
Congress Plans To Take Away Your Student Loan Money -- What Happens To Legal Education Then?
Efforts are underway to radically change America's student loan regime. Are you ready?
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Legal AI: 3 Steps Law Firms Should Take Now
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The Business Case For AI At Your Law Firm
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
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White-Collar Crime
Now John Dowd May Have Criminal Exposure? Can These Guys Do Anything Right?
If the New York Times is right, John Dowd may need a lawyer of his own. -
Biglaw
Trump's Other Disgraced Lawyer (And We're NOT Talking About Roy Cohn)
Trump's taste in lawyers leaves something to be desired. -
Morning Docket
Morning Docket: 04.10.18
* Now that the FBI is all up in his business, Squire Patton Boggs has cut ties with Michael Cohen. They had been working together in an amorphous strategic alliance that was almost certainly some kind of murky lobbying-related arrangement. [American Lawyer]
* Today is Equal Pay Day and in-house counsel hold the key to remedying pay inequality. [Corporate Counsel]
* This lawyer’s got 99 problems and all of them are a year in prison for trading sex for legal work. [Texas Lawyer]
* Trump advised that he can’t contribute to legal defense fund. This story assumes the phony billionaire has enough non-debt-financed disposable income to help his cronies, which is a very open question. [Bloomberg]
* In shocker, the Texas Supreme Court doesn’t understand homosexuality. [Slate]
* Wilmer and Foley Hoag seek documents to prove the Family Research Council and the Heritage Foundation drove the administration’s decision to ban transgender troops — since we know the general serving as Secretary of Defense wasn’t pushing it. [National Law Journal]
* Gawker’s liability releases hit snag. [Law360]
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In-House Counsel
When You’re Legally Right, But Politically Wrong
As in-house counsel, the political victory is almost more important than the legal one. -
Government
A Column I Never Thought I'd Write: In Defense Of (Shudder) Andrew McCabe
McCabe could be fired just days before he's scheduled to retire with his full pension -- meaning he could lose that pension. -