Ruth Bader Ginsburg

This kid ignored the masks and capes in her dress-up collection in favor of a low bun and a jabot.

* Tony Mauro hangs out with Meg Ryan — no, not the actress, but the SCOTUS clerk and JAG lawyer turned judge and possible Supreme Court nominee. [National Law Journal via How Appealing]

* Speaking of SCOTUS, ain’t no mountain high enough for the Notorious RBG. [The Onion]

* New partner watch: congrats to the three new partners at an elite boutique (that just announced nice bonuses): Blair Kaminsky, Neil Lieberman, and Daniel Sullivan. [Holwell Shuster & Goldberg]

* During this holiday season, help two lawyers help the homeless. [What About Clients?]

* If you have to ask whether something is allowed under HIPAA, the answer is probably no. [MedCity News]

* Orin Kerr on the latest skirmish in the “Magistrate’s Revolt” — an opinion by Magistrate Judge James Orenstein that Kerr believes is “clearly wrong.” [Volokh Conspiracy]

* Did the media misread Donald Trump during the campaign, taking him literally but not seriously (when it should’ve been the other way around)? [Althouse]

Bring holiday cheer to lawyers everywhere!

She can't wait for Congress to actually do some work.

* Before Donald Trump sets foot into the Oval Office, he’ll have to step into a federal courthouse to litigate claims made by former students who claim they were defrauded by Trump University. How in the world will they find an impartial jury? “This is a jury consultant’s nightmare to pick in a case like this. It will be taught in jury consulting school.” [Reuters]

* Yesterday, in a silent act of protest against Donald Trump’s victory in the presidential election, Justice Ruth Bader Ginsburg wore her “dissent jabot” during oral arguments at the Supreme Court. This summer, she famously remarked that she “[couldn’t] imagine what the country would be — with Donald Trump as our president.” [The Hill]

* In his first 100 days in office, Donald Trump says he’ll appoint a conservative judge to replace the late Justice Antonin Scalia, and his legacy may be the undoing of Supreme Court precedent, like overruling Roe v. Wade, ending affirmative action, striking down campaign finance laws, and invalidating gun restrictions. [Los Angeles Times]

* How will Donald Trump’s presidency change the DOJ and the SEC? There will likely be changes at the top of both organizations. It’s speculated that Rudy Giuliani may be selected to replace Loretta Lynch as AG, but Trump has given no indication as to who he’ll choose to replace Mary Jo White as commissioner. [DealBook / New York Times]

* If you’d like to know what it takes to become a law firm partner, these 338 lawyers who made partner within the last four years have some helpful hints for you. It seems to be a mixture of “hours, hours, hours” and being a man — two-thirds of those who were surveyed were men who had worked at their firms for five to 10 years. [Am Law Daily]

* It has begun. [Yes California]

* A Trump presidency may spell good news for the legal industry. Doom for humanity, but hey, what are you going to do? [Law360 (sub. req.)]

* The fate of our rule of law hangs in the balance. [Slate]

* What lawyers need to know about Trump’s reign. [Law and More]

* Hey, maybe Justice Ruth Bader Ginsburg will live for forever. [Huffington Post]

* Say goodbye to the Affordable Care Act. [Washington Post]

* Donald Trump’s views on the Foreign Corrupt Practices Act. [FCPA Professor]

* In the event that the election ends in a deadlock, will the Supreme Court be able to resolve the dispute even though the highest court in the land is currently split 4-4 down ideological lines? No one knows, and that’s “[one] hell of a scary thought.” Not to worry, because there’s a “low probability” that the Supreme Court would have to decide the winner of the 2016 election — “[b]ut if it does happen, it surely won’t be good.” How comforting! [POLITICO]

* The Supreme Court refused to step into a legal battle between the Ohio Democratic Party and the Trump campaign over voter harassment with no dissents, save for a comment from Justice Ruth Bader Ginsburg, who noted that because she was “mindful” of existing Ohio law prohibiting voter intimidation, she was denying the request. Thanks to the Notorious RBG for the reminder not to participate in illegal activities. [Slate]

* Martin Shkreli thinks he’s going to be able to clear his name by forcing Katten Muchin to turn over three years’ worth of documents from the time the firm represented him, with his new attorneys claiming he acted in good faith because he “sought and received his lawyers’ advice and he followed it.” The firm isn’t thrilled about the prospect of having to hand over hundreds of thousands of pages of documents. [Big Law Business]

* The institution formerly known as the South Texas College of Law has unveiled yet another new name after being enjoined from using the name Houston College of Law. The school will now be known as the South Texas College of Law Houston. Your tuition dollars at work: It seems like the school wasted an incredible amount of money to come up with a name substantially similar to its original name. Congrats? [Houston Chronicle]

* The Law School Admission Council recently published a report on the different methods test-takers used to prepare for the LSAT, and it seems that the biggest ground-breaking takeaway from the data is that those who actually studied scored much better on the exam than those who did not. In addition, those who used official LSAC materials and commercial preparation courses fared better than self-studiers. [U.S. News]

History was made this week...

Two important clarifications from Judge Posner about his controversial remarks.

* Results are out for the July 2016 administration of the South Carolina bar exam, and it appears that the Charleston School of Law is having trouble when it comes to its grads’ ability to pass. Barely half of test-takers from the law school passed (50.9 percent), down from 57.4 percent last year, and 65.3 percent the year before that. Whoops! [FITS News]

* No matter what Senator Ted Cruz says, when it comes to the Supreme Court, eight isn’t enough. In fact, according to what Justice Ruth Bader Ginsburg said at a recent New York City Bar event, “Eight is not a good number.” Justice Sonia Sotomayor agreed, stating, “I think we hope there will be nine as quickly as possible.” [Washington Post]

* The Supreme Court bar rarely meets, but when it does, it’s to honor the passing of a deceased justice. On November 4, the Supreme Court bar will convene to honor the late Justice Antonin Scalia, and the ceremony will be live-streamed, and several judges, law firm partners, law professors, and former clerks will give remarks. [Supreme Court Brief]

* “[T]his appeal presents a situation in which all the justices’ impartiality might be questioned.” Controversial Alabama Supreme Court Chief Justice Roy Moore wants his suspension to be lifted, but all of his former judicial colleagues have recused themselves, so several retired judges will be hearing his appeal. [Associated Press via ABA Journal]

* China’s Ministry of Justice has ordered that all lawyers “support the leadership of the Chinese Communist Party.” Lawyers are prohibited from making statements that “reject [China’s] fundamental political system,” “endanger national security,” or “attack or slander” the judicial system. They could face disbarment for disobeying. [WSJ Law Blog]

Judge Posner thinks that only two justices are qualified to sit on the high court.

* Why are Native Americans suing the Mormon Church? [The Atlantic] * The legal system changed the way you print documents. [Slate] * The powerful online presence of Justices Ginsburg and Thomas. [Jost on Justice] * The story behind the story of the death of Laquan McDonald. [Guile is Good] * A look back at the life and times of Phil C. Neal (1919-2016), clerk to Justice Jackson. [John Q. Barrett]

They don't call her Notorious for nothing.

Justice Ruth Bader Ginsburg does not have to know WHY you are protesting the flag to know that you are allowed to do it.

No, we don't need an award for legal academics.

* A useful new resource for journalists, media lawyers, and anyone else interested in libel law -- from Charles Glasser, another lawyer who successfully called Donald Trump's bluff (as the New York Times just did). [LexisNexis] * Relatedly, Marc Randazza discusses the phenomenon of the libel-proof plaintiff. [Popehat] * The Florida Supreme Court just declared the death penalty unconstitutional. So that's a thing. [NPR] * The duty to warn in the Marvel Universe -- does Luke Cage need to tell his attackers that they're about to break their hands punching him? [The Legal Geeks] * Interesting... law schools have really cut back on the AALS Faculty Recruitment Conference. Almost 60 fewer schools in attendance. [PrawfsBlawg] * Using algorithms for sentencing? Just in case you wanted to introduce flash crashes to criminal justice. [Medium] * Meticulous deep dive into the Apple v. Samsung oral argument. If Samsung paid this much attention to detail they probably may not have exploding phones. [Empirical SCOTUS] * Mike Papantonio's got a new show coming to RT next month: America's Lawyer. [RT]

Ouch.

Justice Ginsburg may be a liberal icon... she's just not all they make her out to be.

Disappointing comments like these are unexpected from the Notorious RBG.

* As we previously mentioned, London-based firms CMS and Olswang and international firm Nabarro were considering entering into a merger. Partners at all three firms have officially voted in favor of the merger, which will close in May 2017. The new firm will operate under the CMS name. We’ll have more on this later. [Legal Week]

* “The infringement has been affirmed, now it’s whether this huge judgment should be affirmed.” In the Supreme Court’s first design patent case in more than 120 years, Samsung will face off against Apple today, where the smartphone companies will duke it out over how much Samsung should have had to pay for copying the iPhone. [Reuters]

* “Justice [Ruth Bader] Ginsburg no longer needs to worry about whether she seems threatening to the Court. She is the Court.” A new linguistics research study tells us what we can learn from Justice Ginsburg’s accent as a lawyer versus her accent as a Supreme Court justice, and how all lawyers make accommodations in their speech. [TIME]

* By edict of a federal court — and over Governor Rick Scott’s objections — Florida’s voter registration deadline has been extended to 5 p.m. Wednesday thanks to Hurricane Matthew’s interference with last-minute sign-ups. Florida’s Democratic Party alleged many voters would be “severely burdened” by the hurricane’s effects. [CNN]

* Sorry, social justice warriors: Harvard Law 1Ls wanted to feed the university’s striking dining services workers at their sections’ social committee events, but Dean Marcia Sells shut down their plans, saying it “does not seem to make sense for us to encourage … students to bring in food to feed workers who are on strike.” [The Concourse / Deadspin]