Politics

She’s not a porn star, she’s a law student. We could see where you might be confused by that one.

* Now that we know Eric Holder is resigning, there’s been speculation as to where he’ll go next. The obvious choice is a return to Covington & Burling, but he could still surprise everyone. [National Law Journal]

* “Judicial campaign cash is burning a hole in the Constitution.” State court judges are pumping money into their election campaigns, and some have been left to wonder about its true price. [New York Times]

* Details have emerged as to conditions that must be met for Bingham McCutchen’s proposed merger with Morgan Lewis: partner promises, de-equitizations, and forgivable loans, oh my! [Reuters (sub. req.)]

* In the wake of Dean Makau Mutua’s decision to step down at Buffalo Law, a “deep rift” among faculty has been brought to light. The school’s future doesn’t seem as “bright” as we were once told. [Buffalo News]

* A former law student who was falsely identified as a porn star on the radio had her day in court and pulled out a win. Here’s the money shot: she’s walking away with $1 million in damages. [Kansas City Star]

President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

double red triangle arrows Continue reading “When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder”

* A list of lawyers who followed their passions. Let’s be honest: I just like that Lat’s in the same listicle as Jerry Springer. [One 400]

* Another report on the Brian Leiter kerfuffle (by Professor Jonathan Adler). [The Volokh Conspiracy / Washington Post]

* Postal carrier hoarded 40,000 pieces of mail. Newman! [The Smoking Gun]

* Another court allows service via Facebook. [Peter S. Vogel]

* Eric Holder is resigning. Time for the speculation that he must have done something awful to begin! [New York Observer]

* D.C. lawyer Ronald Goldfarb reviews John W. Dean’s new book (affiliate link) about the Nixon tapes. [Washington Independent Review of Books]


A Chick-fil-A meal (photo by David Lat).

Joe here. You’re minding your own business, checking your law school email in lieu of listening to the lecture, when an invitation catches your eye. It’s from the local Federalist Society chapter and they’re hosting an event on marriage equality. Fed Soc puts on good events, and unlike a lot of the issues out there, marriage equality is an issue where the organization might have a fair and respectful debate. After all, this is the organization of Ted Olson and Richard Posner as much as it’s the organization of Antonin Scalia and Samuel Alito. There’s room under that ideological tent. But you open the email to see an oversized Chick-fil-A logo. Shock jock tactics.

To say that Staci and I disapproved would be an understatement.

Now imagine the event were not about marriage equality. Would it be acceptable to serve Chick-fil-A at a talk on gun control? On eminent domain? Is there ever a time where Chick-fil-A is a “content neutral” noshing option?

I say no. David says yes. We let you in on our argument about this….

double red triangle arrows Continue reading “Is It Ever OK To Serve Chick-Fil-A? An ATL Debate”

NPR has a breaking scoop. Sources report that Attorney General Eric Holder will announce his resignation today.

Holder is one of the longest-serving members of Obama’s cabinet. People have called him the most “racially divisive” AG in history. In related news, he’s also African-American, a fact that has really seemed to piss some people off.

It’s been a few weeks without a manufactured “scandal” landing on his desk, so maybe now is a good time to go back to private practice and make millions of dollars?

double red triangle arrows Continue reading “Sources Say Eric Holder Will Step Down”

Insider trading tastes delicious!

* Politics and Biglaw just don’t mix: House Republicans hired Quinn Emanuel to handle their suit against President Barack Obama after Baker Hostetler withdrew from the representation due to “political pressure” the firm was facing. [Politico]

* The paper and napkin-eating “Middleman” in the post-it note insider trading ring pleaded guilty to securities fraud charges. This might make it difficult for his cohorts to substantiate their not-guilty pleas. [DealBook / New York Times]

* “This is a tale with no shortage of knaves or villains.” If you’re interested in learning about Chevron’s legal wranglings in Ecuador and with plaintiffs attorney Steven Donziger, there are a bunch of interesting new readings for you to peruse. [WSJ Law Blog]

* Crisis in legal education be damned! They may have bad timing, but these law schools are focusing on building bigger and better facilities for students they’re unable to put in their seats. [National Law Journal]

* Ohio law schools have taken a bruising in terms of decreased enrollment, but the University of Toledo has faced the worst of it. With a 25.9% reduction in 1Ls, tuition cuts can only do so much. [Toledo Blade]

Voters in Scotland decided yesterday that they will remain a part of the United Kingdom, instead of establishing a fully independent nation. Secession, even if narrowly avoided, is no mean matter. If the U.K. now makes good on its pre-plebiscite promises, constitutional change is on its way in the form of plans to devolve more power to Scotland in exchange for the “No” vote on total independence.

Before the referendum, advocates from both sides tried to convince the Scots. Celebrities chimed in. For example, Scottish actor Brian Cox, who now lives in the United States, rallied for Scottish Independence. Cox appeared in “Braveheart,” Mel Gibson’s film about the First War of Scottish Independence. (This fact may seem irrelevant to his authority on matters related to contemporary world politics, but it got mentioned in virtually every news bit about Cox’s current stance. No word yet on what Chris Cooper, actor from Gibson’s “The Patriot,” thinks about the current state of American independence.) President Obama tweeted in favor of U.K. unity, writing, “The U.K. is an extraordinary partner for America and a force for good in an unstable world. I hope it remains strong, robust and united. -bo” (Was the omission of an Oxford comma after “robust” a hidden message, though? A silent nod to the Scots?) Ordinary Scottish citizens tried to convince their peers, with many supporters of independence feeling confident before the votes were tallied. When asked by a reporter whether he thought that many of the apparent undecided voters simply did not want to admit that they intended to vote against independence, one man replied, “Ach no. You can tell No voters straight off. They’re the ones with faces like a bulldog that’s chewed a wasp.” (Feel free to imagine this response uttered in the voice of Groundskeeper Willy.)

Seen even a couple of months ago as improbable, Scottish independence gained momentum in the weeks before the vote. British officials grew nervous. David Cameron, desperate not to go down as the British prime minister who lost Scotland for the Kingdom, pledged more and more autonomy. Brits and Scots began referring to the most extreme devolution settlement proposal as “Devo Max.” The name Devo Max sounded like a Mark Mothersbaugh revival project. The tone of Devo Max sounded like a spurned spouse offering an open relationship to straying partner. The terms of Devo Max sounded unclear. And like so many compromises over constitutional authority and political independence, Devo Max focused heavily on who gets control of the purse strings….

double red triangle arrows Continue reading “Constitutional Ties That Bind Also Gag: The United Kingdom Keeps Scotland”

Want your name on a law school? Just pony up $50 million.

* Voters in Scotland just said no to independence from the United Kingdom (although it might not have been a big deal for the legal profession if the vote had gone the other way). [New York Times]

* Congratulations to Drexel Law on a whopping $50 million gift — and its new name, the Thomas R. Kline School of Law. [Philadelphia Inquirer via WSJ Law Blog]

* The latest chapter in the “cautionary tale” of David Lola: dismissal of the contract attorney’s lawsuit against Skadden and Tower Legal. [American Lawyer]

* An office renovation for Baker Botts in Houston strips junior associates of window offices. [ABA Journal]

* How could Watson transform the practice of patent law? [Corporate Counsel]

* Are we seeing a reversal in the trend of declining prison populations? [Washington Post]

* The chorus of voices calling for Judge Mark Fuller to resign in the wake of domestic violence charges against him continues to grow. [New York Times]

Today is Constitution Day. Today we celebrate a group of racist, white, male landowners finalizing a brilliant document that could be changed to overcome their parochial limitations.

I’m not the kind of guy to chestily proclaim that America is the greatest country on Earth, but I’ll put our organizing legal document up there with anyone’s. I’ve read a lot of constitutions (3L Comparative Constitutional Law finally paying off), and I’m always impressed by our document’s ability to allow for so many different and fractious opinions on how the country should operate. Whether or not you believe in a “living” constitution in the Brandies sense of the word, that our constitution is still alive is damn impressive. As written, our president and our presidential front-runner couldn’t even vote. Half the country went to WAR to get out of the constitution, and when they lost, we didn’t even say, “Okay, let’s start over so this never happens again.” We fixed the constitution after the Civil War, but we didn’t bother to fix the South. Amazingballs.

One of the main strengths of our constitution lies in its amendment process. The thing can be changed, quite easily actually, so long as everybody agrees. And it turns out that we don’t agree very much.

To honor this document, some of us at Above the Law wanted to look at the surprising instances since 1787 when we all agreed. The Bill of Rights doesn’t count. And the Civil War amendments don’t count because, well, we didn’t really all “agree” so much as half of us got their asses kicked and had to eat it. So let’s go with any amendment after the first 15. You could make a compelling case that American political thought can be explained by which of those first 15 Amendments are the most important to you or to your life (and if you read that and thought “the 8th,” I feel so goddamn sorry for you).

But while the latter amendments aren’t likely to show up on a 1L’s list of “amendments I know by number,” they define our modern polity almost as much as the first ten. Let’s talk about them. Let’s talk about our moddable constitution…

double red triangle arrows Continue reading “Constitution Day Special: Our Favorite Unheralded Amendments”

Oscar Pistorius

* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]

* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]

* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]

* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]

* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]

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