SCOTUS
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Supreme Court
Ruth Bader Ginsburg Claps Back At Neil Gorsuch
Don't sleep on RBG, she'll cut you down. -
Ruth Bader Ginsburg, Supreme Court
Justice Ruth Bader Ginsburg Still LOVES Being Called 'The Notorious R.B.G.'
This 'flaming feminist litigator' will always prefer to be no-no-no-NOTORIOUS! - Sponsored
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Morning Docket
Morning Docket: 10.02.17
* Our thoughts and prayers go out to the families, friends, and colleagues of the victims of the deadliest mass shooting in U.S. history, which took place last night in Las Vegas, Nevada. [New York Times]
* “There’s only one prediction that’s entirely safe about the upcoming term. It will be momentous.” The Supreme Court’s October Term 2017 begins today, and it will be Justice Neil Gorsuch’s first full term. The docket features issues like voting rights, religion and discrimination, workers’ rights, and digital privacy, and Trump’s DOJ has radically flipped its position from that of prior administrations in many of the cases, which hasn’t happened in decades. [New York Times]
* Jeffrey Toobin wonders, “How badly is Neil Gorsuch annoying the other Supreme Court justices?” Based on the junior justice’s behavior thus far — from his seemingly politicized appearances to his domination of oral arguments to his dissenting jab at Justice Kennedy — the answer could very well be PRETTY BADLY. [New Yorker]
* You may have grown up, but you’re still a Toys “R” Us kid at heart, so you’ll want to know how much these Biglaw firms are charging Geoffrey the Giraffe for their representation in the toy store’s bankruptcy. Partners and of counsel are billing up to $1,745 per hour, and associates are billing up to $1,015 per hour. [Am Law Daily]
* Biglaw salary wars are heating up across the pond, with Clifford Chance having recently decided to boost pay for newly qualified associates to £87,300 (~$116,933.99) a year in total compensation. Other firms like Freshfields and Linklaters have also instituted salary hikes, while Slaughter & May has frozen associate pay. [Law.com]
* “This, all of this, allows me to prove my story is useful.” Reginald Dwayne Betts, the Yale Law School graduate whose dreams of being able to practice law after passing the bar exam were deferred thanks to a decades-old felony carjacking conviction, was finally admitted to the Connecticut bar. Congratulations! [Hartford Courant]
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Labor / Employment, On The Job
The Trump Administration Seeks To Rip The Heart Out Of Labor And Employment Law
Paul Clement of Kirkland & Ellis will argue before the Supreme Court in these cases. -
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Morning Docket
Morning Docket: 09.29.17
* Justice Neil Gorsuch delivers a speech on civility in public life at a lunch held at the Trump International Hotel — and meets with protests. [How Appealing]
* Congratulations to Makan Delrahim, just confirmed as head of the Justice Department’s Antitrust Division. [Bloomberg via Big Law Business]
* MoloLamken adds another star federal prosecutor to its roster, bringing aboard Megan Cunniff Church in Chicago. [Law360]
* Speaking of stars, the Supreme Court clerks from October Term 2007: where are they now? [Excess of Democracy]
* Don’t say we didn’t warn you: the list of law schools with the highest loan default rates is dominated by staples of Above the Law’s pages. [ABA Journal]
* Harvard Law School graduate Tamara Wyche, who failed the bar exam twice and lost her job at Ropes & Gray, can proceed with parts of her federal lawsuit against the New York State Board of Law Examiners. [Law.com]
* Shocker: lobbyists go into high gear to try and save some cherished tax breaks from the scourge of tax reform. [New York Times]
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Clarence Thomas, Supreme Court
Justice Clarence Thomas Is Finally Recognized At Museum Of African American History
If reached for comment, Justice Thomas likely would have remained silent. -
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Morning Docket
Morning Docket: 09.22.17
* According to a lawsuit filed against the NFL and the New England Patriots by Aaron Hernandez’s family, the former football player who was serving a life sentence for murder at the time of his death had a “severe case” of CTE. Jose Baez, the family’s attorney, said Hernandez had “the most severe case [researchers] had ever seen for someone of Aaron’s age.” [CBS Boston]
* A man after Trump’s own heart: During a recent speaking engagement, Justice Neil Gorsuch explained why he believes judges ought to be conservative on the bench, saying that “the job of the judge to apply it, not amend the law … even when he might well prefer a very different outcome.” Later, he said judges must stick to interpreting laws instead of rewriting them. [Associated Press]
* Uh-oh. Skadden is under fire for work the firm did for Paul Manafort five years ago. Apparently Manafort asked the firm to write a report justifying the jailing of a client’s political rival, and it’s coming back to haunt them. The DOJ wants the firm to hand over all documents having to do with the matter. [New York Times]
* After being fired by President Donald Trump for her refusal to defend the travel ban, former Acting U.S. Attorney General Sally Yates has found a new home, at least for this semester. Yates will serve as a Distinguished Lecturer from Government at Georgetown Law. Congratulations! [Law.com]
* In an effort to bring on-campus residential life back for law students — and thanks to alumni donations totaling $60 million — Yale Law is expanding its campus for the first time in almost 100 years. Construction on the new dorm is expected to be completed by the end of next summer. [Yale Daily News]
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Books, Constitutional Law
A Debt Against The Living: An Interview With Biglaw Associate And Author Ilan Wurman
Originalism: do you really understand what it's all about? -
Morning Docket
Morning Docket: 09.18.17
* Special Counsel Robert Mueller obtained a warrant for targeted ads that were purchased by Russia-linked Facebook accounts during the 2016 election. The fact that Mueller was able to get a warrant “may be the biggest news in the case since the Manafort raid.” [Business Insider]
* Speaking of the Russia probe, yet another lawyer has joined Robert Mueller’s team. Say hello to Kyle Freeny, a former kindergarten teacher with a law degree from Harvard who transferred from the Justice Department’s money-laundering unit to contribute her talents to the ongoing investigation. [POLITICO]
* Sorry, kids, but lawyers are very, very, very expensive: Since the president has left his one-time associates high and dry, Michael Caputo, a former Trump campaign advisor, has been forced to drain his children’s college fund to pay for legal representation in the Russia probe. Horrible… [Washington Examiner]
* “It’s not about the cake. It is about discrimination.” When the Masterpiece Cakeshop case is argued before SCOTUS, Justice Anthony Kennedy — the man who wrote the opinion that legalized same-sex marriage in America — will likely be the deciding vote. Will be betray his legacy for free speech? [New York Times]
* Columbia Law School is offering students credits to meet their 40-hour pro bono requirement for graduation if they volunteer for the Columbia Human Rights Law Review’s Trump Human Rights Tracker, which keeps tabs on President Trump’s actions and their impacts on human rights. [FOX News]
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Deaths
Edith Windsor, Victor In A Landmark Marriage Equality Case, R.I.P.
All LGBT Americans -- and all Americans, period -- owe this crusader for justice a debt of gratitude. -
Morning Docket
Morning Docket: 09.11.17
* “Legal aid is critical after a natural disaster,” so the Florida Bar has raised the income cap for its online legal clinic so Floridians affected by Hurricane Irma can get legal assistance, and the Florida Bar Foundation has set aside $500,000 to support legal aid organizations. How generous! [Law.com]
* Sixteen years have passed since the September 11 attacks, but we’ve yet to try or convict any of the five men who are said to have planned the day that changed America, including Khalid Sheikh Mohammed, the alleged “architect of 9/11.” Some lawyers wonder why this “isn’t a cause for more outrage.” [Al Jazeera]
* In case you missed it, Irell & Manella has elected Ellisen Turner as its first African-American managing partner. Among the many accolades he’s earned over the course of his illustrious legal career, Above the Law once referred to him as a “hottie.” Congratulations on all accounts! [Big Law Business]
* Lawmakers from both parties are interested in holding hearings on the massive Equifax hack, and after outcry from state attorneys general about an arbitration clause that would have prevented those affected by the data breach from suing, the credit reporting agency has changed its terms of service. [The Hill]
* In the wake of Justice Scalia’s death, Justice Kagan says the remaining justices did everything they could to avoid 4-4 split decisions: “[W]e all made a very serious effort to try to find common ground even where we thought we couldn’t. It sort of forced us to keep talking to each other.” [Milwaukee Journal Sentinel]
* Which Biglaw firm is about to get a lot bigger? It’s Cozen O’Connor, apparently. According to CEO Michael Heller, he’d like to increase the firm’s head count to somewhere between 700 and 1,000 lawyers in the next five years. About 600 attorneys are currently working at Cozen. [Am Law Daily]
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Fashion, Intellectual Property
Boats Are Art; Is Fashion?
The line between art and non-art is difficult to discern -- and a crucial issue in copyright law. -
Politics, Supreme Court
Strong Words In The Effort To End Political Gerrymandering
The bipartisan amicus brief pulls no punches. -
Technology
Supreme Court Has Another Chance To Help Take Down The Patent Trolls
Are the days of patent trolls numbered? -
Copyright, Intellectual Property, Supreme Court
Did The Supreme Court Pave The Way For You To Actually Be Able To (Legally) Repair Your Car?
You can go ahead and blame the DMCA rulemaking process for all of your troubles. -
Sandra Day O'Connor, Supreme Court
Justice Sandra Day O'Connor: A Judicious Trailblazer
Justice O'Connor's thoughtful judiciousness brought us a few steps closer to a future where gender equality will truly be a reality. -
Morning Docket
Morning Docket: 08.23.17
* Statues of Chief Justice Roger Taney may have been removed in his native Maryland, but don’t expect his bust to be removed from the Supreme Court’s Great Hall or his portrait to be taken down from the high court’s East conference room in the near future. The visage of the Dred Scott opinion’s author will remain. [National Law Journal]
* The Charlotte School of Law may be dead, but that doesn’t mean that former students’ proposed class-action lawsuits against the school have been put out to pasture. Though the bulk of the claims were dismissed, two such cases with allegations of unfair and deceptive trade practices have survived motions for summary judgment. Best of luck against Infilaw’s first fallen school. [Law.com]
* Much to his defense attorney Benjamin Bratman’s chagrin, the names of the jurors who convicted Martin Shkreli of securities fraud have been released. They’ve been talking to the press about the disgraced pharma bro, and one of them referred to him as “his own worst enemy.” [DealBook / New York Times]
* Meanwhile, Martin Shkreli’s ex-lawyer, former Kaye Scholer partner Evan Greebel, remains charged with wire fraud conspiracy, a charge on which Shkreli was acquitted by a jury. Greebel’s defense attorneys at Gibson Dunn have called this “a Kafkaesque scenario,” that is “frightening for every corporate lawyer in America simply doing their jobs representing clients.” [New York Law Journal]
* Berkeley Law is planning to launch a hybrid online/on-campus LL.M. program for foreign-educated attorneys. Students will be able to complete their fall and spring semesters online, but must attend classes on campus at the law school during the summer months. Tuition is a whopping $57,471. [The Recorder]
* Earlier this week, a California jury handed down the largest verdict thus far in a talcum powder cancer case against Johnson & Johnson. The plaintiff, Eva Echeverria, who had used J&J baby powder since the 1950s and was diagnosed with ovarian cancer in 2007, was awarded $417 million. [Consumer Affairs]
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Clerkships, Supreme Court
Supreme Court Clerk Bonuses Hit An Incredible New High
These signing bonuses are GIGANTIC!