Richard Posner
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Federal Judges, Weirdness
The Greatest Concurrence Ever? Maybe....
If brevity is the soul of wit, this one-sentence concurring opinion is very witty. -
Benchslaps, Quote of the Day, Richard Posner
Judge Posner Schools Colleagues On Marriage, Basic Logic
Judge Posner sounds exacerbated by his colleagues in this benchslap from a recent dissent. - Sponsored
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Pro Se Litigants, Richard Posner
Judge Posner Lights Into Pro Se 'Sovereign Citizen'
Watch Judge Posner have to deal with a pro se crazy -- in person.
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Non-Sequiturs
Non-Sequiturs: 02.06.15
* Records show that Case Western Law bought former dean Lawrence Mitchell’s house for $575,000. Was it still furnished with the Chinese silk sheets? [The Observer]
* Judge Posner explains that ALJs are basically working a conveyor belt. To wit, here’s a visual representation of Social Security ALJs at work. [Valpo Law Blog]
* Um, what’s the charge for “acting like you’re in Fast and Furious”? [Legal Juice]
* Republicans making moves to stop net neutrality. Netflix needs to start showing more Bible documentaries to sap this movement’s political will. [Bloomberg Politics]
* Professor Campos reviews a new paper on the future of higher education funding. [Lawyers, Guns & Money]
* The law dean at the University of New Brunswick is accused of “sexism, harassment, and, in one case, threats of violence by two of his former law school colleagues.” That’s some very un-Canadian behavior. But Levitt used to be the dean at Florida A&M, and that does sound like some very Floridian behavior. [CBC] UPDATE (2/23/16 12:57 p.m.): Checking back in on this story we have a LOT to add. Since we first linked to this, the CBC has had to retract its stories about Professor Levitt. It turns out he was not a party, witness or even deposed in the law suits even though CBC was giving off the impression that he was the central figure in criminal cases. It seems he wasn’t even a party to the civil cases when they were reporting that! CBC has had to report that Levitt was absolved or ‘cleared’ of any wrongdoing not once, but twice. The whole saga seems, from what we know today, to have been pretty egregious and raises troubling questions about race and media bias in Canada, as discussed in this piece about the matter.
* How to make your shoes last longer. [Corporette]
* Michael Cannon and Professor Jonathan Adler use some pretty compelling evidence in their amicus brief decrying King v. Burwell. Unfortunately, they kind of made up a quote. When the woman they quoted tries to clear the record, Cannon tells her he understands what she clearly said better than she did. In a sense this is a microcosm for the whole case. [Constitutional Accountability Center]
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Technology
Judge Posner Says NSA Should Be Able To Get Everything & That Privacy Is Overrated
At a recent conference on cybercrime, Posner unloaded with some of his more ridiculous beliefs. -
Non-Sequiturs
Non-Sequiturs: 12.11.14
* A registered sex offender wins the lottery. $3 million buys a lot of windowless vans. [Orlando Sentinel]
* Judge to federal prosecutor: “You’re branded as a liar and you’ll remain a liar for the rest of your life.” [New York Observer]
* A New York lawyer has been arrested and charged with running down 5 people in Herald Square. Alcohol and crack pipes are involved. And topless selfies. Look, you’re going to see more on this from Staci in the morning, so just sit tight. [Inquisitr]
* If you want to live in a mansion, all you need to do is forge a few documents. [Gawker]
* The Supreme Court of Canada says cops can search your phone when they arrest you. But only to check the Habs score. [Ars Technica]
* Another installment of Posner on Posner. This time focusing on the First Amendment. [Concurring Opinions]
* This week we learned there’s a thing called “rectal feeding.” Professor Michael Dorf on why it’s totally a war crime. [Dorf on Law]
* How many law schools will close by 2020? [TaxProf Blog]
* Want to be on the LSAC Board of Trustees? It’s not like they have any glaring problems that require a leadership change. [LSAC]
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Non-Sequiturs
Non-Sequiturs: 11.24.14
* 2014 Moot Court rankings. Florida Coastal? Really? Good for them. [The National Jurist]
* Young lawyers are making legal mobile apps. Great, now I’m going to start getting notifications about helping friends out with their LawVille game. [TaxProf Blog]
* Judge sends motivational tweet, no big deal. No judge sends motivational tweet DURING A MURDER TRIAL, now there’s something! [Legal Cheek]
* A number of law professors filed a brief supporting the NCAA in the Ed O’Bannon antitrust appeal. What do you know, there’s actually someone out there supporting the NCAA. [CBS Sports]
* Cooley LLP is representing Immigration Judge Ashley Tabaddor in an interesting lawsuit against the DOJ. Judge Tabaddor is Iranian-American, and the DOJ ordered her off all cases involving Iranians based on her heritage. That… doesn’t sound right. [Cooley LLP]
* Ron Collins kicks off a multi-part series on Judge Richard Posner. [Concurring Opinions]
* English was William F. Buckley’s third language? Huh. Never knew that. [What About Clients?]
* David and Elie appeared on Power Lunch today to discuss bonus season. Video below. [CNBC]
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7th Circuit, Antonin Scalia, Crime, Football, Non-Sequiturs, Religion, Richard Posner, Supreme Court, Technology
Non-Sequiturs: 11.14.14
* Morgan Lewis approves the Bingham deal, with 227 of the roughly 300 Bingham partners moving over as full partners. Morgan Lewis is calling it a “mass lateral move,” which is the nice way of telling the remaining 70+ partners (and whatever associates and staffers they don’t care to include) to enjoy early retirement. [American Lawyer; WSJ Law Blog]
* A follow up report on the horrific story of the lawyers accused of stabbing a managing partner and his wife. [Washington Post]
* Justice Scalia realizes that strict constructionists are just jerks. [The Onion]
* When the title of the story uses the phrase “super-drunk judge”… [Seattle Post-Intelligencer]
* Judge Posner took a detour into Jewish theology, apparently based on scholarly research from “Google” and “Wikipedia.” In his defense though, he thought he was citing the well-known Hebrew texts of “Elgoog” and “Aidepikiw.” [The Jewish Daily Forward]
* It may sound like a terrible horror movie, but “Darkhotel” is actually a campaign of cyberattacks against business executives logging in from their high-end hotels. [Internet, Information Technology & e-Discovery Blog]
* Um, Florida State may care so much about their (number 3) football team they gloss over criminal activity. And this article is NOT about Jameis Winston. [New York Times]
* Linda Greenhouse. Damn. “In decades of court-watching, I have struggled — sometimes it has seemed against all odds — to maintain the belief that the Supreme Court really is a court and not just a collection of politicians in robes. This past week, I’ve found myself struggling against the impulse to say two words: I surrender.” [New York Times]
* If you’re in L.A. tonight, check out the 6th Annual Justice Jam, celebrating “A Tradition of Advocacy” at 5:30 p.m. at La Plaza De Cultura y Artes. The event benefits Community Lawyers, Inc., an organization working to promote access to affordable legal services for low- and moderate-income individuals. [Community Lawyers, Inc.]
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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7th Circuit, Drugs, Richard Posner, White-Collar Crime
Judge Posner and Fake Stash House Robbery Cases; Why Prosecuting Fake Crime Is Bad Policy
Another way the "War on Drugs" makes drug dealers more powerful. -
7th Circuit, Benchslaps, Litigators, Richard Posner, Ted Frank
More Benchslaps -- But Mild Ones -- From Judge Richard Posner
Judge Posner channels Mr. Spock: "So [your client] is not logical, you're saying." -
Books, Football, Gay, Gay Marriage, Harvard, Morning Docket, Richard Posner, Sports
Morning Docket: 09.08.14
* 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 […]
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3rd Circuit, 7th Circuit, Biglaw, Books, Deaths, Gay, Gay Marriage, Law School Deans, Law Schools, Morning Docket, Partner Issues
Morning Docket: 09.05.14
* 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]
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7th Circuit, Benchslaps, Gay, Gay Marriage, Richard Posner
Judge Posner's Blistering Benchslaps At The Same-Sex Marriage Arguments
Judge Posner didn't go easy on lawyers trying to defend the Indiana and Wisconsin bans on same-sex marriage.
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Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
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7th Circuit, Andrew Cuomo, Benchslaps, Biglaw, Blogging, Erwin Chemerinsky, Fast Food, Gay, Gay Marriage, In-House Counsel, Law Professors, Mergers and Acquisitions, Morning Docket, New York Times, Police, Politics, Richard Posner, SCOTUS, Sports, Supreme Court, Tim Wu
Morning Docket: 08.27.14
* 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]
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Gay, International Law, Jews, Richard Posner
Organ Fail
This weekend brought news of a burgeoning overseas market in human organs. And gay eyeballs. If you can't see the connection, allow me... -
7th Circuit, Federal Judges, Richard Posner, War on Terror
Someone Really Wants To Shut Up Judge Posner
Opinions get redacted or sealed all the time, but the latest from the Seventh Circuit is a doozy.... -
Antonin Scalia, Blog Wars, Blogging, Federal Judges, Jed Rakoff, Legal Ethics, Richard Posner, SCOTUS, Shira Scheindlin, Supreme Court, Thomas Goldstein
Are Federal Judges Out Of Control?
A federal judge lands in hot water for telling the Supreme Court to "stfu." It's just part of a growing trend of criticizing federal judges for having opinions. -
7th Circuit, Antonin Scalia, Benchslaps, Federal Judges, Keker & Van Nest, Quote of the Day, Richard Posner, SCOTUS, Supreme Court, Vicious Infighting
Posner Not Pleased, Issues Biting Remarks As Tiff With Scalia Rehashed
You've angered Judge Richard Posner terribly. Not a good idea. -
Elena Kagan, Larry Lessig, Law Professors, Law Schools, Quote of the Day, Richard Posner, SCOTUS, Stephen Breyer, Supreme Court, Supreme Court Clerks, Tim Wu
The Letter Of The Law -- And How To Get A SCOTUS Clerkship With Weak Grades
How can you get B grades in 1L classes and go on to clerk for the Supreme Court? -
Antonin Scalia, Copyright, Movies, Music, Non-Sequiturs, Rap, Richard Posner, Ruth Bader Ginsburg, SCOTUS, Supreme Court, Technology, Television
Non-Sequiturs: 05.08.14
* Abraham Lincoln was a harder working lawyer than you are. [Abraham Lincoln's Almanac Trial] * Quentin Tarantino has given up the ghost and dropped his suit against Gawker over The Hateful Eight. [The Escapist] * The people who made stupid toe shoes have settled a big class action. [Deadspin] * Judge Posner and Justice Scalia haven’t had a public fight in a while. So this lawyer is trying to stir one up. Thanks, buddy! [Legal Times] * Colorado’s energy industry is suing municipalities creating a patchwork of fracking regulation. As the author notes, “for a state that has boldly snubbed federal law on marijuana policy, such arguments sound a bit hollow.” [Breaking Energy] * Stop calling on Justice Ginsburg to retire… it’s probably too late for Obama to nominate a replacement anyway. [New Republic] * Lawyer writes threatening letter to customer who wrote a negative review on Amazon. [Ars Technica] * Our tipster put it best, “New Show on Bravo: ‘Lowering the NJ Bar.’” [The Star-Ledger] * A young solicitor known as Mr. Kelly was inspired to release a rap album about how much he hated his training job at a top 10 global firm. His video after the jump…. [Legal Cheek]