Richard G. Kopf

Judge Richard KopfNine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.

And then all manner of shock and hand-wringing commenced.

It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?

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* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]

* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]

* Hey, after all those threesomes, Case Western Med School is the one in court over “professionalism” concerns. [Cleveland Plain-Dealer]

* Of course a case about using a chemical weapon on a mistress is named “Bond.” Let’s examine Justice Scalia’s curious concurrence, shall we? [Constitutional Accountability Center]

* Dragons and isolationism. Makes sense. [The Legal Geeks]

* Cybercrime is pretty costly. [Lawfare]

* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]

* Judge Kopf was asked to review Uncertain Justice by Professor Tribe and Joshua Matz. He didn’t want to do it, but thankfully he changed his mind. [Hercules and the Umpire]

* Slate Money discussed the Second Circuit’s reversal of Judge Rakoff last week and cited Above the Law specifically for the word “benchslap.” [Slate Money]

* Congratulations to UC Hastings dean and occasional ATL columnist Frank Wu on his reappointment as chancellor and dean! [UC Hastings]

* Lawyer + Cat = Internet win. Here’s the pic that’s going viral… [Imgur]

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Too slutty, Your Honor?

Does what women wear to work matter? Of course it does, especially in a profession where looks are valued almost as highly as other qualities expected of a good lawyer, like exemplary analytical and interpersonal skills.

When we say “looks” here, we mean a lawyer’s ability to dress appropriately given the circumstances, but being attractive certainly doesn’t hurt. Men are basically given a free pass. So long as they don’t show up to court looking like they just rolled out of a dumpster, they’ll be given the respect they’re due.

Women, on the other hand, don’t have a uniform that they can wear to court like their male colleagues, and that’s where the trouble begins. Women lawyers have been told countless times to resist the urge to dress like harlots, with style suggestions ranging from the incredibly obvious (be wary of skirts too short and necklines too low) to the incredibly absurd (“think Lauren Bacall, not Marilyn Monroe”).

The sick thing is that most of these style advisories have come from other women. Don’t follow trends? You look too frumpy. Follow too many trends? You look too skanky. A federal judge recently called attention to this perverse gender bias, but perhaps he could’ve used some more delicate language.

Calling all “ignorant sluts”…

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The guy in today’s story didn’t dress up like Gumby, but it’s still an amazingly stupid disguise.

* Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV]

* The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker]

* Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog]

* Paul, Weiss picks up tax partner Scott Sontag from Weil Gotshal. (Congrats to both firms, by the way, on tying for the #9 spot in our list of top-ranked law firms for 2013.) [Paul, Weiss]

* Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire]

* And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex]

* The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]

Judge Richard KopfDid the agents who were conducting my interview already know all about my daughter, the surveillance and the warning? While I suspect they did, to this day, I am not certain. Was I really obligated to “rat her out” to prove my bona fides? I have no idea, but I sure felt sh**ty for having done so.

– Judge Richard G. Kopf, writing on his delightful blog about the deeply intrusive process for vetting federal judicial nominees — which required him to reveal to the FBI his daughter’s brush with allegedly unsavory characters.

(See also Richard Posner — citing Above the Law and Elie Mystal, by the way — after the jump.)

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This week, the Senate blocked the nomination of Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. President Obama nominated Wilkins to fill Judge David Sentelle’s seat. Failing to get the 60 votes needed to overcome a Republican filibuster, Wilkins won’t move forward to an up-or-down, simple-majority vote by the Senate.

Senate Republicans insist that the D.C. Circuit does not need any more judges in order to properly carry its current caseload. While Wilkins might be well-qualified to be a circuit judge, the Senate just isn’t hiring. President Obama said in a written statement, “When it comes to judicial nominations, I am fulfilling my constitutional responsibility, but Congress is not. Instead, Senate Republicans are standing in the way of a fully-functioning judiciary that serves the American people.” Democrats in the Senate, led by Senator Patrick Leahy (D-Vt.), threaten to alter the rules governing judicial nominations to prevent filibustering.

Democrats’ and Republicans’ reasons for fixating on the D.C. vacancies are political and obvious. It’s an unusually influential court, issuing rulings on administrative and regulatory matters with nationwide implications. What about the rest of the country, though? While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?

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[F]ederal trial judges know their place. We are the TTT of the federal judiciary. When the Circuit tells us to jump, we do so even if we don’t much like it. But, in return, we expect only one thing: no cheap shots.

– Judge Richard G. Kopf, offering some criticism of the Second Circuit’s recent decision to remove Judge Shira Scheindlin from the stop-and-frisk cases.

It is time to tell Congress to go to hell. It’s the right thing to do.

– The eminently quotable Judge Richard G. Kopf, in a blog post urging the federal courts to declare all employees “essential” to keep the judiciary running despite the crippling government shutdown.

Shon Hopwood

* Thanks to the Electronic Frontier Foundation, the Department of Justice will be declassifying some secret opinions from the FISA Court. We wonder who’ll be hosting the giant redaction party. [Associated Press]

* Morgan Lewis paid out a $1.15 million settlement over unfinished business claims to this defunct firm. Great work, Mr. Diamond, but Howrey going to get the rest to do the same? [Am Law Daily (sub. req.)]

* “[Shon] Hopwood proves that my sentencing instincts suck.” Now that this former bank robber has a clerkship with the D.C. Circuit, the judge who sentenced him is having second thoughts. [The Two-Way / NPR]

* Laptops are useful tools for students in law school classrooms, but they’re also great for checking Above the Law and buying shoes while professors are droning on and on. Apparently we needed a study to confirm this. [National Law Journal (sub. req.)]

* George Zimmerman’s wife filed for divorce, citing “disappointment” as one of her reasons for ending the marriage. Don’t worry, Shellie, half of the nation was disappointed with the verdict too. [Washington Post]

* DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar]

* Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times]

* The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy]

* The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium]

* In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex]

* Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More]

* BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part…

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