Richard Posner

Judge Richard Posner isn’t amused — but we are!

Judge Richard Posner isn’t trying to entertain us. He just does.

When he benchslaps prominent Biglaw partners or government lawyers fighting marriage equality, he’s not trying to be funny. He’s just trying to understand the facts of a case or get to the bottom of the legal arguments — and he’s, well, maybe not as diplomatic as some other judges in going about his business.

Let’s check out the latest argument where Judge Posner snarked on hapless counsel….

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* It’s fun to keep suing the Redskins over their racist nickname. It’s also fun to watch the Washington Football Club get the snot beat out of them. [ABA Journal]

* Legal aid… for inventor seeking venture capital. Everybody needs lawyers, folks. Nobody wants to pay for them. [San Jose Mercury News]

* Goldman picks and chooses which employees have their legal fees picked up by the firm. [New York Times]

* Judge Posner’s past pontifications on gay marriage, sans benchslaps. [Washington Blade]

* Harvard received the largest donation in its history. It wasn’t from me. [Business Insider]

* A nice review of David Lat’s book, Supreme Ambitions (affiliate link), by Judge Kopf. [Hercules and the Umpire]

Judge Richard Posner

* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]

* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]

* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]

* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]

* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]

* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]

* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]

Judge Richard Posner isn’t amused.

As we mentioned in Morning Docket and on Twitter, yesterday’s Seventh Circuit arguments weren’t fun for the defenders of Wisconsin and Indiana’s same-sex marriage bans. The three judges, especially Judge Richard Posner, were tough — very tough.

Chris Geidner of BuzzFeed, a leading chronicler of marriage-equality litigation, described the proceedings as “the most lopsided arguments over marriage bans at a federal appeals court this year.” Ian Millhiser of ThinkProgress called it “a bloodbath.”

That’s no exaggeration. Let’s check out the specifics….

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Burger King bounty for Biglaw.

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

A great many of our most polarizing political discussions involve deciding what we should be able to sell. Pot legalization, for instance, is oftentimes framed as a debate over whether we should be able to smoke marijuana cigarettes at our leisure. But that debate’s over. It’s been won by the High Times crowd a thousand times over, no matter how many times a kid gets popped on a possession rap. No, the schism involves the sale of weed. The business of it. News articles about Colorado are less interested in doofuses smoking pot and more interested in the brave, new world of pot dispensaries. The business of America is business and all that.

This weekend brought news of a burgeoning overseas market in human organs. And gay eyeballs. If you can’t see the connection, allow me…

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And you’d think it would be Justice Scalia. But you’d be wrong!

So what darkened this legal luminary?

If you guessed “shadowy intelligence services,” you’re right. Congratulations! ATL would like to send you your prize! You win ███████. Remember to ask for it by name.

Opinions get redacted or sealed all the time, but the latest from the Seventh Circuit is a doozy….

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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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Judge Richard Posner isn’t amused.

Please convey my congratulations to Bryan Garner on inventing a new form of arbitration. Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted. How beautifully that simplifies arbitration! No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list possible arbitrators and the disputants cross out the ones they don’t like.

– Judge Richard Posner of the Seventh Circuit, in response to the latest barb dealt in his long-running dispute with Justice Antonin Scalia of the Supreme Court. In June 2012, Bryan Garner co-authored Reading Law: The Interpretation of Legal Texts (affiliate link) with Scalia, and Posner criticized it for “misrepresent[ing] case rationales.” Garner recently hired Keker & Van Nest partner Steven Hirsch to evaluate those criticisms, saying he wanted an “objective third party.” Posner wasn’t particularly impressed.

Professor Tim Wu

Sometimes what everybody thinks about the law is more important than what the law itself says. I think that’s what’s happened with net neutrality. It’s become a kind of norm of behavior, what you can and can’t appropriately do with the Internet. It’s got to be open.

– Professor Tim Wu of Columbia Law School, subject of a glowing profile in the New York Times for his work in defense of net neutrality.

(Fun tidbits from the profile that gunners and legal nerds will appreciate — specifically, how to land a Supreme Court clerkship with a weak grade in a 1L core class — after the jump.)

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