Recess Appointments

  • Please go f@ck yourself and die, SCOTUSblog.

    Politics, SCOTUS, Supreme Court

    The ATL Editors’ Breaking Gchat About Noel Canning

    Real-time reactions to the Noel Canning decision about recess appointments.

    23 Comments / / Jun 26, 2014 at 11:20 AM
  • The kid, however, does understand what "divorce" means.

    Divorce Train Wrecks, Legal Ethics, Non-Sequiturs, Police, Supreme Court

    Non-Sequiturs: 01.10.14

    * 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]

    0 Comments / / Jan 10, 2014 at 5:01 PM
  • If you want to be a partner at one particular firm, it's behoove you to know this guy...

    Abortion, Football, John Roberts, Music, Non-Sequiturs, Sports

    Non-Sequiturs: 01.09.14

    * 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]

    0 Comments / / Jan 9, 2014 at 5:17 PM
  • Lana Landis: You'd giver her all of your money, too.

    4th Circuit, Bar Exams, Biglaw, Deaths, Divorce Train Wrecks, General Counsel, In-House Counsel, Law Schools, Martin Lipton, Money, Morning Docket, Samuel Alito, SCOTUS, Supreme Court

    Morning Docket: 07.18.13

    * 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 Law 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]

    4 Comments / / Jul 18, 2013 at 9:05 AM
  • cbs

    Biglaw, D.C. Circuit, Election Law, Environment / Environmental Law, Eric Holder, John Roberts, Labor / Employment, Law Schools, Non-Sequiturs, SCOTUS, Small Law Firms, Supreme Court, Technology

    Non-Sequiturs: 05.24.13

    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 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 its 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…

    3 Comments / / May 24, 2013 at 5:00 PM
  • snake

    Biglaw, Constitutional Law, Federal Judges, Morning Docket, Rankings, SCOTUS, Supreme Court, Vermin / Rodents / Pests

    Morning Docket: 04.26.13

    * 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]

    2 Comments / / Apr 26, 2013 at 9:03 AM
  • Talk to the hand, Nino.

    Biglaw, Constitutional Law, Department of Justice, Keker & Van Nest, Lateral Moves, Law Schools, Money, Morning Docket, Partner Issues, SCOTUS, Sonia Sotomayor, Supreme Court, Women's Issues

    Morning Docket: 02.07.13

    * “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]

    1 Comment / / Feb 7, 2013 at 9:11 AM
  • Clement

    Antonin Scalia, Labor / Employment, Paul Clement, Politics, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Supreme Court

    Justice Ginsburg Swats Down Paul Clement’s Latest Attempt To Blow Up Recess Appointments

    Paul Clement tries to get back atop the conservative world’s list of heartthrobs by killing off recess appointments.

    9 Comments / / Feb 5, 2013 at 12:02 PM
  • Barack Obama president Supreme Court appointees

  • Overworked and underpaid.

    Bar Exams, Biglaw, Constitutional Law, D.C. Circuit, Drugs, Gender, Job Searches, Law Professors, Law Schools, Marijuana, Money, Morning Docket, Police, Politics, Summer Associates, Texas, Unemployment, Women's Issues

    Morning Docket: 12.06.12

    * “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]

    1 Comment / / Dec 6, 2012 at 9:05 AM
  • True story: looking for "kidnapping" stock photos revealed this and a bunch of softcore bondage stuff with pretty girls. That's pretty sick, yo.

    Election Law, Law Schools, Non-Sequiturs, Parties, Politics, Racism

    Non-Sequiturs: 12.05.12

    * Look, I’m only one man, I can’t refute it every time the New York Times advertises going to law school using terrible arguments. I mean, Dealbook just let a law professor tell people that this is a good time to apply to law school… because all the smart people aren’t taking the LSAT. I just don’t know what to tell people who are persuaded by that. [Dealbook / New York Times]

    * Should kidnapping somebody and forcing them to repair your house after a dispute about the quality of their work be illegal? Or should we just call this “specific performance”? [Gawker]

    * Florida legislators throw down with the governor over early voting. Will Florida governor Rick Scott relent? Or is he going to double down on suppressing the vote? [Think Progress]

    * I’m really glad this didn’t happen at the Penn State Law School. I didn’t feel like being accused of baiting these sorority girls into having a racist party. [Yahoo!News via The Legal Satyricon]

    * What constitutes a sham Senate session exactly? [Huffington Post]

    * Are you a lawyer on a deferral or a fellowship looking for an interesting project to pick up? If so, check this out. [Idealist]

    * Are you looking for something fun to do in New York City tomorrow night? If so, check this out. [Above the Law]

    2 Comments / / Dec 5, 2012 at 5:34 PM
  • pippa-middleton

    3rd Circuit, American Bar Association / ABA, Barack Obama, Biglaw, Constitutional Law, Federal Government, Free Speech, Guns / Firearms, Legal Ethics, Money, Morning Docket, Old People, Politics, Pornography

    Morning Docket: 04.18.12

    * Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]

    * Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]

    * Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]

    * The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]

    * “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]

    * Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]

    10 Comments / / Apr 18, 2012 at 9:05 AM
  • Antitrust, Arnold & Porter, Biglaw, Breasts, Department of Justice, Gay Marriage, Google / Search Engines, Law Schools, Morning Docket, New Jersey, Privacy, Real Estate, Sex, Technology

    Morning Docket: 01.25.12

    * Time for a Biglaw battle: William Baer of Arnold & Porter is the front runner to take over the DOJ’s antitrust division, but could he lose the spot to one of O’Melveny’s finest, Richard Parker? [Blog of Legal Times] * It’s about time people remembered there’s no such thing as privacy anymore, but in […]

    14 Comments / / Jan 25, 2012 at 9:16 AM
  • 4th Circuit, Barack Obama, Election 2012, Election Law, Kids, Law Schools, Morning Docket, Murder, Old People, Small Law Firms

    Morning Docket: 01.16.12

    * Rick Perry’s primary ballot election law suit in Virginia was unsuccessful, but maybe the Fourth Circuit will help him out on appeal. Or not. At least Huntsman’s out of the race, right? [Bloomberg] * That didn’t take too long. The National Federation of Independent Business has officially popped the cherry on filing lawsuits challenging […]

    8 Comments / / Jan 16, 2012 at 9:15 AM
  • Ann Althouse, Books, Crowell & Moring, Department of Justice, Education / Schools, Emily Goodman, Musical Chairs, Non-Sequiturs, Office of Legal Counsel, Student Loans

    Non-Sequiturs: 01.12.12

    * Dominique Strauss-Kahn’s lawyer has a challenge for you: “I defy you to tell the difference between a naked prostitute and any other naked woman.” [Dealbreaker] * It’s not often that Cravath partners leave for other firms, but it happens. Jeffrey Smith, former head of the environmental practice at Cravath, recently decamped for Crowell & […]

    3 Comments / / Jan 12, 2012 at 5:24 PM
  • Barack Obama, Department of Justice, Election 2012, Politics

    Recess Appointments: How Do You Stop A Legal Sham?

    It’ll take some time before a court rules on the legality of Barack Obama’s recess appointment of Richard Cordray to the Consumer Financial Protection Bureau. In case you haven’t been paying attention, Obama nominated Cordray two years ago, but the Republicans have refused to allow his nomination to come to a vote. Obama then wanted […]

    53 Comments / / Jan 10, 2012 at 3:44 PM

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