Politics

  • GoldBars

    Politics, Texas

    ‘Don’t Mess With Texas’ Does Not Supersede The ‘Supremacy Clause.’

    Everything’s bigger in Texas. Meaning a dumb lawyer is an even bigger dumb lawyer.

    94 Comments / / Jun 17, 2015 at 12:01 PM
  • Righteous-Indignation

    Crime, Politics, Technology

    United States v. The Internet: America’s Most Wanted May Look A Lot Like You

    If recent efforts from federal prosecutors are any indication, one of the most dangerous criminal profiles in America includes some or all of the following: white, male, libertarian, computer-savvy, critical of the status quo.

    50 Comments / / Jun 12, 2015 at 5:19 PM
  • 640px-President_Barack_Obama-300x374

    Non-Sequiturs

    Non-Sequiturs: 06.11.15

    * More whining about President Obama opining on Supreme Court cases while the justices “deliberate” — as though anyone’s opinion is up in the air. Apparently presidents have rarely done this. Fun fact: cynical lawyers have rarely gotten to the Supreme Court to attack a president’s landmark legislation on a tortured textual reading, but here we are. [The Volokh Conspiracy / Washington Post]

    * It’s like the Hangover. Except in prison. With more drugs. [Legal Juice]

    * Hey, remember when Jeb Bush got behind a law that required rape victims to publish their sexual histories in the newspaper until the law was shot down by the courts two years later? Good times. [Salon]

    * The Right proclaims Jeb Bush really doesn’t believe in publicly shaming women for having sex. Hm. See item 3 supra. [Legal Insurrection]

    * Wow. The Senate actually passed something. It’s a resolution hailing the 13th, 14th, and 15th Amendments. Is it a sign of my cynicism that I’m shocked even that got approved? [Constitutional Accountability Center]

    * Why the rationale of Roe doesn’t really matter. [Lawyers, Guns & Money]

    * Fourth Circuit panel snipes at each other over whether to call out overzealous prosecutors. It got so bad they actually sealed the opinion. [Maryland Appellate Blog]

    * Derek Khanna has a new report on patent reform written with Lincoln Labs. The fundamental premise: patents are not encouraging innovation any more. [Lincoln Labs]

    * Watchdog is reporting that Kroll Associates conveniently overlooked dozens of terrible LSAT scores in its report on University of Texas admission standards. It bears repeating: just how dumb must Abigail Fisher be to not get into this school? [Watchdog]

    * A short memoir about suing The Grateful Dead. [The Faculty Lounge]

    14 Comments / / Jun 11, 2015 at 5:29 PM
  • WASHINGTON - MAY 18: Sen. Sam Brownback (R-KS), listens to Interior Secretary Ken Salazar testify during a Senate Energy and Natural Resources Committee hearing on May 18, 2010 in Washington, DC. The committee is hearing testimony about the accident involving the Deepwater Horizon oil rig that exploded and is now leaking oil into the Gulf of Mexico.  (Photo by Mark Wilson/Getty Images)

    Politics

    State Supreme Court May Lose Funding For Doing Its Job

    Kansas judiciary may lose $$$ if they issue a decision the governor doesn’t like…

    46 Comments / / Jun 10, 2015 at 4:14 PM
  • Alcohol

    Non-Sequiturs

    Non-Sequiturs: 06.08.15

    * There’s a lot of constitutional law about booze. [PrawfsBlawg]

    * Republicans try to play some word games on the Affordable Care Act and get straight-up lawyered. Or as The New Republic described the exchange: a “succinct, pithy demolition.” [MSNBC]

    * Oscar Pistorius could be headed home on parole in the next couple of months. Time to get back in that dating pool. [CNN]

    * Don’t bring your mom to court. [Lowering the Bar]

    * Here’s an interesting company at the juncture of law and technology — 3D printing demonstrative exhibits for trial. [3D Printed Evidence]

    * Randy Spencer interviews American Pharoah [Coverage Opinions]

    * An interesting question from a lawyer doing his part to help the homeless: if a person can’t get online, how do they even look for a job anyway? [What About Clients?]

    * A new novella from Jessica Pishko called A Trial for Grace (affiliate link) about a fallen, high-flying NYC attorney working a death penalty trial in North Carolina. [Amazon]

    * Consent explained with tea. [Vimeo]

    https://vimeo.com/126553913

    14 Comments / / Jun 8, 2015 at 4:57 PM
  • Professor John Yoo

    Law Professors, Politics, Videos

    6 Highlights From John Yoo’s Interview With Ginni Thomas

    The always quotable John Yoo had interesting and funny things to say during a recent interview he gave to Virginia Lamp Thomas (wife of Justice Clarence Thomas, for whom Professor Yoo once clerked).

    14 Comments / / Jun 8, 2015 at 3:47 PM
  • Justice Clarence Thomas

    Clarence Thomas, SCOTUS, Supreme Court

    Clarence Thomas Stands Alone

    Justice Thomas’s contrarian ways reveal how threadbare many of his detractors’ most common criticisms are, according to conservative columnist Tamara Tabo.

    118 Comments / / Jun 5, 2015 at 6:22 PM
  • Jeb Bush  (Photo by Bill Pugliano/Getty Images)

    Election Law, Politics

    Is Jeb Bush Running For President, Or Just Crapping On Election Law?

    Is this would-be presidential candidate breaking the law?

    23 Comments / / Jun 3, 2015 at 1:00 PM
  • Oyez! Oyez! Oyez!

    Morning Docket

    Morning Docket: 06.01.15

    * A litigant with a Supreme pimp hand? Darius Clark, the man whose child-abuse case — which is currently before SCOTUS — will determine whether teachers may testify of behalf children, was indicted for allegedly running a prostitution ring from jail. [Northeast Ohio Media Group]

    * Judge Mark Fuller of the Middle District of Alabama was arrested last summer on domestic violence charges after his wife confronted him about an alleged affair with a law clerk. What a gent! He’ll be resigning from the bench August 1. [USA Today]

    * You can roll your eyes at Rand Paul all you want, but several key parts of the Patriot Act expired shortly after midnight because the Senate was unable to reach a deal to extend it. (FYI, DOJ may still use grandfathered privacy-poaching techniques.) [New York Times]

    * “Nothing changes. The system is disgusting. There is no due process.” Do you want to read the story that made Cuba’s government ban an American legal journalist from any further coverage of the country’s court system? Of course you do. [Daily Business Review]

    * “I can’t preserve caution in my delight with Ruth.” This is what retired Justice David Souter wrote about Justice Ruth Bader Ginsburg’s performance after her first week on the bench. He already knew back then that she was no-no-no-NOTORIOUS. [Boston Globe]

    * Ex-House Speaker Dennis Hastert, who recently resigned from Dickstein Shapiro following his indictment, was allegedly paying a former student “hundreds of thousands of dollars” to keep quiet about past sexual abuse at the politician’s hands. [New York Times]

    * Beau Biden, former state attorney general of Delaware, major in the Delaware Army National Guard’s JAG Corps, and son of Vice President Joe Biden, RIP. [Washington Post]

    56 Comments / / Jun 1, 2015 at 9:07 AM
  • Lindsay Lohan (Photo by Robin Marchant/Getty)

    Morning Docket

    Morning Docket: 05.29.15

    * It may have taken two years, but Lindsay Lohan finally completed her community service for her reckless driving conviction. In other news, for the first time in almost eight years, the Hollywood has-been is off probation. Yay! [Los Angeles Times]

    * A former staff attorney at Drinker Biddle was suspended from practice after overbilling his time doing doc review work by just a tad — 418.5 hours, to be exact. He owes the firm $12,500 to be paid in monthly installments of $100. [Legal Intelligencer]

    * An ex-assistant dean and a professor at Cleveland-Marshall Law filed suit against Dean Craig Boise, claiming he retaliated against them after they assisted the faculty in unionizing. This, after they were offered raises of $0 or $666. [Northeast Ohio Media]

    * Someone’s allegedly been a very bad boy: Ex-House Speaker Dennis Hastert was indicted by a federal grand jury for lying to the FBI in an attempt to conceal payoffs to a third party to cover up his “prior bad acts.” We wonder what those “bad acts” were… [BuzzFeed News]

    * We bet you didn’t know that if you get convicted for sex on the beach you’d have to serve jail time and register as a sex offender. Protip: Don’t let 3-year-olds catch you doing the dirty in public. You’ll regret it for life (or until you win an appeal). [Bradenton Herald]

    27 Comments / / May 29, 2015 at 9:02 AM
  • OMAHA -- June 4, 2014.

    Non-Sequiturs

    Non-Sequiturs: 05.28.15

    * Nebraska banned the death penalty. Does this signal a new conservative opposition to the practice? Well, is there a way this can make private prison lobbyists more money? Because then, yes. [FiveThirtyEight]

    * The best way to sway a Supreme Court justice? Represent clients that the justices have financial stakes in. [Fix the Court]

    * Pharmaceutical companies are peeved that lawyers are using Facebook to identify class action plaintiffs. Why aren’t people content to suffer grievous injury for the sake of profits anymore? [Bloomberg Business]

    * Now you can know for sure if your job will be replaced by a robot. Good news, lawyers! Unfortunately, I don’t think this thing’s taking into account document reviewers. [Postgrad Problems]

    * Jawbone is accusing Fitbit of poaching workers to steal its technology. Ten points to the tipster for the line: “Think this will all work out?” [Slate]

    * Two Biglaw partners from rival firms have joined forces on a new challenge Native American adoption rules. It helps that they’re married to each other. [National Law Journal]

    * An interesting perspective: “innovation” is more than technology, and it starts with debt relief. [Rawr]

    * A former state senate candidate charged with witness tampering. At least he’s got experience with the system — his dad’s political career ended in a hail of guilty pleas too. [Nashoba Publishing]

    * Brace yourselves for a shocker, but Biglaw is failing women. [The American Lawyer]

    * David Gans on the upcoming “one person, one vote” claim. The proposition at issue, that representation is based on “voters” not “persons,” is so laughably unconstitutional the Court is clearly just trolling us at this point. I mean, putting aside the horrible racism, isn’t the 3/5ths compromise pretty compelling evidence that the Founders meant to count people who didn’t vote? [Constitutional Accountability Center]

    15 Comments / / May 28, 2015 at 5:31 PM
  • Phil Alito small

    Samuel Alito, SCOTUS, Supreme Court

    Philip Alito, Son Of Justice Alito: Where Is He Now?

    Philip Alito, son of Justice Alito, recently left Gibson Dunn for a new job; where is he now?

    31 Comments / / May 28, 2015 at 2:01 PM
  • Waco bikers

    Crime, Politics, Texas

    Just How Badly Are Authorities Screwing Up The Arrest Of 170 Bikers In Texas?

    Why should civil libertarians care what happens to 170 or so bikers in Waco? Columnist Tamara Tabo explains.

    148 Comments / / May 22, 2015 at 3:30 PM
  • Howard Dean (Photo by Joe Raedle/Getty)

    Morning Docket

    Morning Docket: 05.22.15

    * Former House Speaker Newt Gingrich isn’t the only politician who will be joining Dentons. After Dentons completes a merger with McKenna Long & Aldridge, former DNC Chair Howard Dean will also be working for the largest law firm in the world. YEEEAAAH! [The Intercept]

    * Now that New York has adopted the Uniform Bar Exam, other states are considering it. Hurry up, because the UBE will “break down the long persistent barriers that keep lawyers from moving” — which isn’t a bad thing. [National Law Journal]

    * In half a century of reproductive and gay rights cases, it’s worth noting that “arguments based on a right to privacy have tended to weaken and crack; arguments based on equality have grown only stronger.” Let’s see what SCOTUS does in June. [The New Yorker]

    * All six of the Baltimore police officers who were arrested following the death of Freddie Gray have been indicted on homicide and assault charges. Despite the fact there’s now an indictment, the officers’ lawyers are calling the prosecution’s case weak. [New York Times]

    * “Can you #trademark a #hashtag?” It’s somewhat of a tricky issue for people who are trying to register their marks at the U.S. Patent and Trademark Office, but these attorneys from IP powerhouse Morrison & Foerster have a pretty good explanation. [Law.com]

    31 Comments / / May 22, 2015 at 8:31 AM
  • Newt Ginrgrich (Photo by Joe Raedle/Getty Images)

    Biglaw, Politics

    Newt Gingrich To Colonize Biglaw Firm Instead Of Moon

    Which firm will the former Speaker of the House be working for?

    20 Comments / / May 21, 2015 at 2:00 PM
  • Flame War

    Law Schools

    Flame War At UChicago Law School

    Law school fighting takes to Twitter.

    100 Comments / / May 18, 2015 at 2:32 PM
  • Marbury-RF

    Politics, Supreme Court

    Ben Carson Versus Marbury v. Madison: The GOP Presidential Candidate Questions Judicial Review

    Dr. Carson is a neurosurgeon and a very good one at that. Ben Carson’s no lawyer or historian.

    51 Comments / / May 15, 2015 at 5:42 PM
  • mm_end_frame-0-1280-0-1024

    Non-Sequiturs

    Non-Sequiturs: 05.15.15

    * “What Law Firms Can Learn From the Business Decisions of ‘Mad Men.'” I’m hoping the answer is “more drinking on the job.” [Legal Times]

    * Hillary Clinton pledges to nominate SCOTUS justices who will overturn Citizens United. And if you agree with her, she’ll gladly accept your unlimited donations to her *wink* unaffiliated SuperPAC. [Jezebel]

    * Seema Iyer talks about one of our favorite recent cases, Driskell v. Homosexuals. [MSNBC]

    * Sometimes getting fired can be a positive. As they say the Chinese word for crisis contains the word “opportunity.” Crisitunity. [Wisconsin Lawyer]

    * A great detailed piece on California’s recent decision to grant a law license to Hong Yen Chang, the Columbia Law grad denied his license over 100 years ago on the grounds of his “Mongolian nativity.” [Bloomberg BNA / Big Law Business]

    * Bad: Being wrongfully convicted. Worse: The system strong-arming the wronged into signing away their right to compensation. [LFC 360]

    * Should graduate students and adjuncts unionize? Depends. Do they want to be exploited by an unappreciative institution until their souls are sucked dry? Yes? Then no. [New York Times]

    * Sen. Toomey wants Judge L. Felipe Restrepo on the Third Circuit. Maybe he should start talking to his obstructionist colleagues instead of whining to the paper. [Constitutional Accountability Center]

    * PacerPro to automatically retrieve documents referenced in notices of electronic filing from PACER. That can help cut down on some mistakes… eh, Sidley Austin? [Law Sites]

    * Thomson Reuters has a new social network for small law firms. For every post, users can push a little “thumbs up” icon to express, “I [and my successors, assigns, and heirs of my body, indicate my generally warm feelings, reserving all rights to reverse or withdraw this endorsement at any time for any reason whatsoever notwithstanding any prior representations] This!” [Legal Research & Writing Pro]

    * The 2015 World Championship BBQ Cooking Contest in Memphis is this weekend. How does that relate to ATL? Bob Cornish, a D.C.-based attorney at Phillips Lytle LLP and a trained and certified expert in BBQ is a judge. [Memphis In May]

    8 Comments / / May 15, 2015 at 5:17 PM