Ruth Bader Ginsburg

* The criminal codes violated in Transformers: Age of Extinction. Violations of the code of good filmmaking not included. [The Legal Geeks]

* Remember the guy who turned Justice Ginsburg’s Hobby Lobby dissent into a song? It turns out he’s been recording a song a day since 2009 and that was his first hit. Congrats! Hopefully next Term Justice Alito can declare suffocating orphans constitutional so this guy can have a follow-up. [Music.mic]

* How to end an internship? The key is drunkenly denouncing all your bosses in public. Oh, how to end an internship positively? Well, then I’m going to need some advice. [Corporette]

* Fracking interests have a new plan to promote the well-being of those living in affected areas: pay them $50,000 to grant universal releases. This doesn’t make fracking sound dangerous at all. [Pro Publica]

* Hey folks taking the New York bar exam at the Javits Center! Order your lunch. [Custom Gourmet]

* Insurance companies are asking American customers to go to Tijuana for medical care. “I know you need heart surgery, but have you considered how awesome it would be to take in a donkey show after your release?” [New Republic]

* Mitchell Epner, who is basically our Donald Sterling beat reporter, has a recap of the first day of the proceedings. [mitchellepner]

* Conviction for multiple sexual assaults “can be the basis of an interim suspension of his law license.” Seems like that should be a little more definite. [Legal Profession Blog]

* One of the underappreciated challenges in state and local governance is the inability to permalink statutes. [Government Executive]

We know you love Justice Ginsburg. You voted her your favorite justice just last year. Yesterday, this tweet became the most retweeted thing from our account in basically ever.

But have you read Notorious RBG’s dissent in Hobby Lobby yet? It is pretty long. Perhaps you’d enjoy it better as a song? That’s what one guy did — he condensed the opinion into a song.

And it’s pretty good.

double red triangle arrows Continue reading “The Notorious RBG’s Hobby Lobby Dissent… IN SONG!”

Everyone smile and say “certiorari”!

The opinions released by the Supreme Court this morning were not super-exciting. The good news, pointed out by Professor Rick Hasen on Twitter, is that “[t]here are no likely boring #SCOTUS opinions left.” (But see Fifth Third Bancorp v. Dudenhoeffer, noted by Ken Jost.)

So let’s talk about something more interesting than today’s SCOTUS opinions: namely, the justices’ recently released financial disclosures. Which justices are taking home the most in outside income? How robust are their investments?

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A recent study conducted by Maya Sen, a political scientist at the University of Rochester, and Adam Glynn, a government professor at Harvard, shows that judges who have at least one female child may be more likely to rule in favor of women in certain types of cases. The report “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women’s Issues?” finds that having at least one daughter corresponds to a 7 percent increase in the proportion of cases in which a judge will vote in a feminist direction. The study further finds that having one daughter as opposed to one son is linked to a 16 percent increase in the proportion of “gender-related cases decided in a feminist direction.” The study found the “daughter effect” was more dramatic in judges appointed by Republican presidents than in those appointed by Democrats.

Sen told the New York Times in a recent interview, “By having at least one daughter, judges learn what it’s like to be a woman, perhaps a young woman, who might have to deal with issues like equity in terms of pay, university admissions or taking care of children.” Sen and Glynn consider other causal explanations for their findings, but conclude that learning is the mechanism at play. For example, they rule out the possibility that parents of daughters feel compelled to rule in ways that would protect their female children Sen and Glynn saw an effect only in gender-related civil cases, not a conservative shift among gender-related criminal cases like sexual assault.

The problem with the study is not that the data are wrong. The problem is that too often those who use data like these mean to either exempt the judgments from moral consequence altogether or to praise particular judicial motivations that they happen to like. In the first instance, they justify legal realism with data, omitting any reflection on whether the observed effects can or should be minimized. They gloss over too the overwhelming number of cases that are decided by mundane, less-subjective methods. In the second variation, they celebrate the phenomenon as “empathy” with some results, while condemning it as “bias” in others . . . .

double red triangle arrows Continue reading “One Woman’s Empathy Is Another Man’s Bias: On Judges With Daughters”

Time for another romp through the New York Times wedding pages to survey the latest and most impressive lawyer nuptials. The height of wedding season is upon us, and this crop does not disappoint. We’ve got associates at some of the nation’s most exalted law firms! We’ve got Supreme Court clerks! Come for the romance, stay for the prestige.

Here are the finalists:

Elizabeth Murray and Webster Marquez

Iliana Ongun and Neil Chatani

Yeney Hernandez and Jason Wu

Colleen Roh and Gerard Sinzdak

Click below for details on these newly minted marriages, our analysis, and other couples that just missed the cut…

double red triangle arrows Continue reading “Legal Eagle Wedding Watch: Wachtell It To My Heart”

Justice Stephen Breyer

On Friday, the National Archives unsealed a fifth batch of Clinton Administration presidential papers. The documents were originally released by the William J. Clinton Presidential Library in Little Rock. Let’s get these pesky papers out of the way before Hillary Clinton, author of a new memoir (affiliate link), launches her presidential bid.

The latest papers contain some juicy tidbits for legal nerds. For example, as noted in Morning Docket, then-Judge Stephen Breyer got dissed as a “rather cold fish” while being considered for a Supreme Court seat (the seat that ultimately went to Justice Ruth Bader Ginsburg).

The papers contain candid assessments of Justices Breyer and Ginsburg, as well as other fun nuggets. Here are some highlights:

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Zachary Warren

* Justice Ruth Bader Ginsburg may retire by the end of summer 2015, or she may retire by the end of summer 2017, or she may retire whenever she damn well pleases. For the love of God, please stop with this. [Legal Intelligencer]

* The Fourth Circuit appears to be split on Virginia’s gay marriage ban. The Tenth Circuit appeared to be split on Utah’s gay marriage ban. We’ll give you three guesses on the eventual Supreme Court outcome. [New York Times]

* Law deans lose their jobs when their schools drop in rank, and it seems Biglaw chairmen lose their titles when their firms post the worst single-year drop in revenue ever. Sorry Bingham McCutchen. [Am Law Daily]

* Ex-D&Ler Zach Warren wants to sever his case from the likes of Joel Sanders and the Steves, using a “guilt by association” argument. The only thing he’s guilty of is being too cute. [National Law Journal]

* The drama continues at Albany Law, where faculty members now face possible pay cuts or being put on unpaid leave following a “smear campaign” waged against Dean Penelope Andrews. [Albany Times Union]

* 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]

double red triangle arrows Continue reading “Non-Sequiturs: 05.08.14″

A Supreme cat fight?

* Footnote fight! Justice Sonia Sotomayor has been clashing with quite a few of her fellow Supreme Court jurists lately, aside from Chief Justice John Roberts. She recently inspired the wrath of Justice RBG herself. [New York Times]

* After months of being poked and prodded for cash, 60 former Howrey equity partners have reached clawback deals with bankruptcy trustee Allan Diamond, and it looks like a few of them agreed to pay pretty hefty sums. [Am Law Daily]

* Here’s a headline we could’ve told you was coming: “The US lawyer bubble has conclusively popped.” It’s not a terribly good decision to attend now, but if you do, people who can’t pay you need your help. [Quartz]

* Cutting law school tuition may be a good idea to attract more students, but in the long run, it could hurt the schools, says Moody’s. Aww, let us shed some tears for those poor law schools. [WSJ Law Blog]

* Crim Law prof not guilty of… crime. Stephen Smith of Notre Dame Law was acquitted on a misdemeanor invasion of privacy charge, and the felony battery charge he faced was dismissed. [South Bend Tribune]

* The University of Arizona will be the first school in the U.S. to offer a bachelor’s degree in law. The degree is being marketed to people who eventually want to have lots of law-related debt. [National Law Journal]

Edward Snowden

* When asked whether she thought Edward Snowden was “a whistleblower or a traitor,” Justice Ruth Bader Ginsburg politely declined to answer — justices of the Supreme Court don’t just give previews of their opinions. [CNN]

* Ed Siskel recently left his role as deputy counsel in the Office of White House Counsel. It’s anyone’s guess which Biglaw firm added Gene Siskel’s nephew to its practice. Hopefully it’ll get a thumbs-up. [Politics Now / Los Angeles Times]

* It’s a “tale of two law schools”: the kind that place their students in jobs and the kind that let them languish in unemployment or underemployment. More on this tomorrow. [National Law Journal]

* Two NYU Law students’ emails were subpoenaed after they denounced the business activities of one of the law school’s trustees. Now, we’re not going to say that the school picked a side, but… [DNAinfo]

* Congrats, you can “Like” General Mills all you want without fear of arbitration. The company was so overwhelmed by negative consumer response that it withdrew its new legal terms. [New York Times]

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