Recess Appointments

Above the Law editors are just like you. We wake up in the morning and log into SCOTUSblog and start a group Gchat about important Supreme Court cases just like everybody else.

We figure that the world doesn’t need another “analysis” of today’s Noel Canning decision in the recess appointments case. There will be approximately five million of those coming to an internet near you.

Instead, take a look at our real-time reactions as the decision went live. If you think we sound kind of dumb on the site, wait until you see how we actually think in real time….

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The kid, however, does understand what ‘divorce’ means.

* In the annals of “do we have to explain everything to you idiots?” a woman is suing her lawyer for failing to explain that her divorce would end her marriage. [Gawker]

* Recess appointments make for strange bedfellows. Like C. Boyden Gray, the former ambassador to the EU, or William J. Olson, formerly a Director of the Legal Services Corporation, who are hoping the Supreme Court robs President Obama of his recess appointment power. Even though Gray and Olson were, themselves, recess appointments (they claim they were “real” recess appointments defined as “before the Democrats taught everyone to run fake sessions and pretend it’s a session). Or maybe “being partisan hacks in a conservative echo chamber” makes for strange bedfellows. [New York Times]

* Let’s check back in with Law Grad Working Retail and the unfortunate concept of G-G-MILFs. [Law Grad Working Retail]

* If you’re going to steal a car, turn off your phone first. The money quote is at the end of the article when the alleged thief makes the police detective an… interesting offer. [The Journal]

* The long-running debate over legal ethics and LinkedIn endorsements has prompted the networking site to change its settings to address concerns raised by the Florida Bar. Dare I “endorse” this move? [Daily Business Review]

* San Diego used to be on the lookout for racial profiling. Now they’ve just stopped caring and a bunch of folks are rightly concerned. But what more can you expect from a city founded by the Germans in 1904? [Voice of San Diego]

* Elie was on Mike Sacks’s Legalese It! this afternoon along with Professor Garrett Epps and Professor Lisa McElroy. Video embedded after the jump… [HuffPo Live]

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If you want to be a partner at one particular firm, it’d behoove you to know this guy…

* Breaking News: “An Indian diplomat has been indicted on federal charges of visa fraud. Prosecutors say Devyani Khobragade has left the U.S.” [CNN]

* The Bancroft firm just added three new partners. It’s apparently “not a prerequisite” to clerk for Chief Justice Roberts to be a partner at the firm, but it sure looks like it is. [The Blog of the Legal Times]

* Pressure is mounting on courts to recognize that Americans have a reasonable expectation of privacy. Do these people not watch Person of Interest? [Ramblings on Appeal]

* In a continuing series on why the “nuclear option” isn’t the panacea liberals thought it was, here are four reasons why Noel Canning is still a huge deal even if the Senate Democrats can force through judicial nominations over filibusters. [Constitutional Accountability Center]

* A fun interview with a lawyer turned professional athletics commissioner. Specifically, the commissioner of Sterling Archer’s favorite sport, lacrosse. [The Legal Blitz]

* Vermont is looking to pass a bill affirming abortion as a right, majorly bucking the trend of the rest of the country over the last year. Sounds about right for the state with a socialist senator. [Jezebel]

* The NFL’s concussion settlement sounded kind of fishy already, but now it looks like the initial prediction is going to be way off. [PR Log]

* Turns out a former SAC Capital Advisors trader embroiled in an insider trading case was expelled from Harvard Law School in 1999 for creating a false transcript. It’s good to know Wall Street is right there for all those cast off by law schools for ethical lapses. [Dealbook / New York Times]

* More coverage of the Insane Clown Posse suit, and more insight from our own Juggalo Law. [Washington Post]

* Chris Brown rejected a plea deal on an assault charge. Any time I think of Chris Brown I think of this Key & Peele bit. And if you don’t know who Key & Peele are, then you’re missing out… [Billboard]

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Lana Landis: Give her all your money.

* It’s Alito time, bitch! If you were wondering about any of the cases in which the justice recused himself last year, his latest financial disclosure report is quite telling. [Blog of Legal Times]

* Yet another appellate court has ruled that Obama’s recess appointments to the NLRB were unconstitutional. Alright, we get it, just wait for the Supreme Court to rule. [TPM LiveWire]

* Hey baby, nice package: With stock awards soaring, general counsel at some of the world’s largest companies had a great year in 2012 in terms of compensation. [Corporate Counsel]

* NYU professors want Martin Lipton of Wachtell Lipton to swallow a poison pill and step down from the school’s board of trustees over his ties to the University’s unpopular president. [Am Law Daily]

* Now that they’ve stopped acting like the doll they were arguing about in court, MGA has put aside its differences with Orrick to amicably settle a fee dispute in the Bratz case. [National Law Journal]

* Who needs to go on a post-bar vacation when you can take a vacation while you’re studying for the bar? This is apparently a trend right now among recent law school graduates. Lucky! [New York Times]

* A man puts assets into his pin-up wife’s name on advice of counsel, she files for divorce, and the firm allegedly takes her as a client. This obviously happened in Florida. [Daily Business Review (sub. req.)]

* David Schubert, the deputy DA who prosecuted Paris Hilton and Bruno Mars, RIP. [Las Vegas Sun]

Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.

* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]

* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]

* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]

* The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]

* Law school applications are down, but not as drastically as expected. [Faculty Lounge]

* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]

* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]

* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]

* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…

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* The Obama administration asked the Supreme Court to wade into the constitutional contretemps of recess appointments, but if the high court refuses to take up the case, it may be back to the drawing board for the NLRB. [National Law Journal]

* The Am Law 100 law firm rankings are out, and it looks like there’s a new leader of the pack in terms of gross revenue. But which firm could it be? Not Skadden or Baker & McKenzie. We’ll likely have coverage on this later. [American Lawyer]

* Apparently the FBI wanted to continue questioning Dzhokhar Tsarnaev under Miranda’s public-safety exception, but a judge read the accused bomber his rights anyway. [Wall Street Journal (sub. req.)]

* “This case is over. Someone should put it out of its misery.” Be that as it may, New York’s attorney general is desperate to get AIG’s Maurice Greenberg on the stand at trial. [DealBook / New York Times]

* “I have had it with these motherf**king snakes in my motherf**king files!” This spring, clerks in this old Mississippi courthouse are finding more and more snakes filed under “Ssssssss.” [Associated Press]

Talk to the hand, Nino, talk to the hand.

* “But Daddddddd!!!” Sorry, HealthBridge, but sometimes mom’s word is the law. After RBG slapped down a request to review the constitutionality of Obama’s recess appointments, the rest of the Supreme Court told Scalia to STFU. [Blog of Legal Times]

* “The very idea that she would be headlining a Pepsi event is shocking.” Are Justice Sonia Sotomayor’s days as a judicial darling coming to an end? After attending this event for Yale Law women in April, they may be numbered. [New York Times]

* And you thought they were “Burning Down the House” before! Standard & Poor’s has hired talented trial attorney John Keker of Keker & Van Nest to represent the ratings agency in the DOJ’s $5 billion suit. [Reuters]

* Talk about a soft landing: David Kappos, the former director of the United States Patent and Trademark Office, was picked up by Cravath. He’s only the fourth lateral partner the firm’s hired in 50 years. [Am Law Daily]

* Hilarie Bass of Greenberg Traurig is one of the most powerful women in Biglaw. In consideration of that $200M suit, the firm is now shifting to a “boys and one girl club” model. [Daily Business Review (sub. req.)]

* “Axiom simply does it better, faster and cheaper.” The innovative legal services company manned by Biglaw refugees celebrated its thirteenth anniversary with a bang — $28 million in funding. [WSJ Law Blog (sub. req.)]

* Oh noooo! We’re a public school and we don’t have enough students to fill the seats! Let’s raise tuition by six percent, then charge everyone the new in-state price, and pretend like it’s a favor. Yay! [National Law Journal]

Now there’s a cover boy for the conservative Tiger Beat.

Paul Clement must still be stinging from that Obamacare loss. The celebrated conservative lawyer and former Solicitor General seemed unbeatable after he managed to secure constitutional approval for the government to hold prisoners indefinitely while blasting Barry Manilow if the Vice President’s office says so.  People actually described him as the Michael Jordan of the law.

And then the Court upheld Obamacare. Even Jordan needed Pippen.

To reestablish his conservative street cred, Clement filed a petition with Justice Ginsburg to jump the line and put his case complaining about NLRB recess appointments, currently residing in a Connecticut district court, in front of the Supreme Court ahead of the high profile Noel Canning v. NLRB decision from the D.C. Circuit (discussed by Elie here).

Justice Ginsburg told Clement to pound sand.

What a diva!

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Court sends Obama back to the drawing board.

It’s been so long since Obama lost something I was beginning to forget what it looked like.

In a reminder that just because the Senate is a dysfunctional band of elderly people doesn’t mean you can put them in a home and wait for them to die, the U.S. Court of Appeals for the D.C. Circuit knocked down some of the president’s recess appointments.

In January 2012, Obama made some recess appointments to the National Labor Relations Board when the Senate wasn’t really in recess. The D.C. Circuit today says that he can’t do that.

Which might, you know, throw out a year’s worth of NLRB work. And it might be bad precedent for the big recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau…

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Overworked and underpaid.

* “Why drag us into it?” Constitutional or not, it seems that not even the D.C. Circuit wants to deal with the political hot mess that’s been caused by President Barack Obama’s recess appointments. [National Law Journal]

* There’s something (allegedly) rotten in the state of Texas: Bickel & Brewer was booted from a multi-million dollar lawsuit due to accusations that the firm paid top dollar for insider information. [Dallas Morning News (sub. req.)]

* There are many more women in the legal profession these days than there were 40 years ago, but — surprise, surprise, here’s a shocker — they’re still getting paid less than their male counterparts. [WSJ Law Blog (sub. req.)]

* And here’s today’s opportunity to beat the horse that just won’t die. This law professor says he pities those who buy into the media’s law school scam narrative, while in reality, most would pity the many unemployed graduates of his law school. [Huffington Post]

* Here’s a protip for the February bar: don’t fake a disability to get extra time. Even if you end up passing, the bar examiners will find out and pretty much ruin your life. Just ask this UC Hastings Law grad. [Am Law Daily]

* “Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).” Umm, come on, were the Washington police officers who created this marijuana guidebook high? [CNN]

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