Richard Posner

‘If there’s one thing America needs, it’s more lawyers!’

* Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times]

* As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald]

* Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post]

* Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing]

* Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer]

* A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris]

* Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]

Scalia v. Posner meets Mean Girls

* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg]

* Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg]

* When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog]

* What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc]

* You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider]

* “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party]

How festive!

* You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate]

* Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse]

* Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight]

* Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg]

* Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette]

* You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw]

Justice Scalia (left) and Judge Posner

Responding to a Supreme Court Justice who calls one a liar requires special care in expression.

– Judge Richard Posner, in a cover email introducing his written response to Justice Antonin Scalia’s recent “You lie!” accusation.

(More about this tiff, which we’ve been covering quite closely here at Above the Law, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Time-Out in Posner v. Scalia?”

Justice Scalia (left) and Judge Posner

I’m not going to get into this whole thing written for a glossy magazine.

– Justice Antonin Scalia, responding to a question about his thoughts on Judge Richard Posner’s somewhat critical review, in the New Republic, of the justice’s new book, Reading Law (affiliate link).

(We attended Scalia’s talk, which took place this afternoon and was sponsored by the New York City Lawyers Chapter of the Federalist Society. Additional highlights from the eminently quotable justice’s remarks, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: The New Republic Isn’t That Glossy….”

Justice Scalia (left) and Judge Posner

Over the past few months, Justice Antonin Scalia and Judge Richard Posner have been trading benchslaps. The most recent clash got going a few weeks ago, when Judge Posner wrote a harsh review for the New Republic of Justice Scalia and Bryan Garner’s new book, Reading Law (affiliate link).

Scalia surrogates rushed to the justice’s defense. One of his former clerks, Ed Whelan, wrote a series of posts for the National Review’s Bench Memos blog in which he criticized the Posner review. Justice Scalia’s co-author, Professor Garner, also responded forcefully to Judge Posner (who in turn responded to Garner, again in the New Republic).

But the justice himself remained silent on all of this. When we reached out to both judges about the apparent tiff, Judge Posner denied any personal animosity, but Justice Scalia declined to comment.

Now Justice Scalia has broken his silence. And His Honor seems none too happy with Judge Posner’s book reviewing skills….

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You know what would have been awesome? 1996-Bill Clinton versus 1980-Ronald Reagan in 2008. I’m not saying Slick Willy would have beaten the Great Communicator, but it’s always a bad idea to bet against Bill.

* David Lat has a new project that you might want to check out. They’re calling it “clerk lit”; it’s a serialized novel entitled Supreme Ambitions. [FindLaw]

* Concurring Opinions has the unsent emails from the Scalia-Posner flap. It’s the funniest thing since they explained how professors grade. [Concurring Opinions]

* Since a lot of smart kids are not taking the LSAT and applying to law school, maybe this is an opportunity for kids who are not so great at standardized testing to get into a better school than they would have under normal circumstances. Of course, that’s not what I would do. If a bunch of people suddenly start running in one direction, I’m the kind of brother who starts running with them and figures out later what all the fuss is about. [The Careerist]

* Ohio rescinds its early voting directive and asks Sixth Circuit for a stay. [Election Law Blog]

* Charlotte bankers survive the Democratic National Convention. Somehow. [Dealbreaker]

* The problem with owning a gun is that eventually, you are going to give yourself a reason to use it. [NY Daily News]

* Former tennis star ready to return serve at Columbia law school. Obviously, I’m using “star” a little bit broadly since I’m talking about a man who finds himself in the drunken class of 2015. [Dealbook]

* You have to think that Bill Clinton would have made the best trial lawyer ever. “Can you see her? I want you to picture that little girl. [bites lip.] Now imagine she’s white.” [What About Clients?]

Left to right: Bryan Garner, Antonin Scalia, and Richard Posner

The jurisprudential wrestling match between Justice Antonin Scalia and Judge Richard Posner is quickly turning into a WWE tag team battle royal. Tagging in to help Justice Scalia: Bryan Garner, one of the foremost authorities on legal writing and legal language. Professor Garner, of course, is Justice Scalia’s co-author on Reading Law (affiliate link).

Professor Garner is not happy with Judge Posner’s treatment of the book. Let’s hear what he has to say — and also speculate on how the Posner/Scalia tiff might affect Posner’s feeding of law clerks to Scalia….

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Justice Scalia (left) and Judge Posner

In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.

And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”

Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?

I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?

double red triangle arrows Continue reading “The Benchslap Dispatches: Posner v. Scalia — Is It Personal?”

Ed. note: This new column is about sports and the law. You can read the introductory installment here.

It wasn’t until law school that I realized adult life was one long series of birthday dinners. There was one every week it seemed. And at one birthday dinner in particular, I gave a speech that would haunt me for the rest of my law school career. Like an STD.

It was somebody’s birthday and we were eating Mexican food. And I was stationed at one end of the extra-long tables near a few friends and acquaintances. Several beers into the meal, I loudly steered the conversation towards a discussion of herpes. I’m not really sure why I did this. I think I had read something on the intertubes that day. At any rate, I told my end of the table that herpes was way more commonplace than they thought, and that the effect of the disease was far less dire than they thought. That, sure, some cases were worse than others, but that the puritanical myth-makers in our culture had convinced us that it was worse than death. Which it wasn’t. I was in high dudgeon, my friends. The floor was mine, and I was taking no prisoners in my attack on what I had deemed a cultural sex libel. “I’m telling you, ladies and germs. Herpes is NOT THAT BIG A DEAL!”

Not a single girl present at that dinner ever came close to having sex with me. On a related note, Kris Humphries was sued for allegedly giving a girl the herp.

Sports? Let’s talk it….

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