SCOTUS

Ed. note: We’re sure you already know this, but there’s a total eclipse today. If you’re planning to watch the eclipse, make sure you do so safely. Enjoy and have fun!

* More than 30 percent of law students are minorities, but only 15 percent of lawyers and less than 9 percent of partners are attorneys of color. Racial diversity in law firms seems to have flatlined, but some law firms are doing a little better than others when it comes to recruiting and retaining minority lawyers. We’ll have more on this sometime soon. [Law360 (sub. req.)]

* Is “Google” undeserving of trademark protection thanks to genericide? “There is no single word other than google that conveys the action of searching the Internet using any search engine,” and perhaps that’s why Chris Gillespie, who lost his case at the Ninth Circuit when he attempted to have Google’s trademark invalidated, has applied to the Supreme Court for certiorari. [Ars Technica]

* Judge Jim Hinkle of Gwinnett County, Georgia, who was suspended after posting some controversial remarks about Charlottesville on Facebook — i.e., comparing “snowflake” counter-protesters to ISIS because they were “destroying history” — has officially resigned from the bench. [Atlanta Journal-Constitution]

* James Alex Fields Jr., the 20-year-old accused of ramming his car into a group of counter-protesters in Charlottesville, Virginia, killing one and injuring numerous others, has been charged with five additional felony counts on top of the five he was already facing, one of which was second-degree murder. [CNN]

* Some law schools are doing more than others when it comes to helping students with mental health and substance abuse issues. While some law schools are offering students and professors an impressive suite of awareness, reporting, and counseling services, others are a bit behind the eight ball. [Daily Report]

* In what could very well be one of the first virtual law firm mergers, FisherBroyles and Ntellect Law, two cloud-based firms, have tied the knot, combining to form the largest law firm of its kind. Kevin Broyles, the firm’s co-founder, thinks the firm will join the Am Law 200 by 2018. [Am Law Daily]

* “It’s a terrible signal for this group to be holding their meeting at the Trump International Hotel and for a Supreme Court justice to legitimate it by attending. It just violates basic ethical principles about conflicts of interest.” Justice Neil Gorsuch is under fire for speaking at an upcoming event at the Trump International Hotel just two weeks before SCOTUS will hear arguments in the travel ban case. [New York Times]

* After 23 years, National Conference of Bar Examiners president Erica Moeser will be retiring from her job on August 21 and handing over the reins to Judith Gundersen, the NCBE’s director of test operations. If you recall, Moeser once infamously — and most likely, correctly — said that plummeting bar pass rates were due to “less able” test takers. Enjoy your retirement! [Law.com]

* With funding of almost $6 million from Bloomberg Philanthropies, NYU Law is launching the State Energy and Environmental Impact Center, in an effort to assist state attorneys general who “don’t begin to have the resources to meet these challenges” fight any of the Trump administration’s attempts to dismantle environmental protections and climate policies. [Washington Post]

* Jacqueline B. Jones, the lawyer who called in a bomb threat to the federal courthouse on the day she was supposed to defend herself against being sanctioned, is set to plead guilty today to third-degree falsely reporting an incident. She faces jail time and up to $15,000 in fines. [Syracuse.com]

* “The story’s true. I’m not doing anything. I barely show up to work and I’ve been caught.” The spokesman for New York’s Office of Court Administration accidentally left a message for a reporter who was working on a story about his truancy on the job, laughing about how he “barely” showed up to work, just after lying and saying the reports were false. Oopsie! [New York Law Journal]

* “In an era of alternative news and fake facts, the ABA should be the definitive source of real facts when it comes to the law.” Check out the ABA’s new online resource, the legal fact checker, a website where members of the public can learn about what the law says regarding current events in the news. [ABA Journal]

* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing]

* “Can private employers fire employees for going to a white supremacist rally?” It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post]

* Joel Cohen explores special counsel Robert Mueller’s decision to impanel a grand jury in D.C. [Huffington Post]

* Neha Sampat identifies three ways to hire resilient lawyers — and the benefits to diversity of focusing on resilience. [Law Practice Today]

* Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS]

* Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]

* Could this be the case that puts the nail in the death penalty’s coffin? Justice Breyer probably hopes so. Neal Katyal of Hogan Lovells has asked the Supreme Court to hear an Arizona death row inmate’s case, arguing that the state’s death penalty law is unconstitutional and that it must be struck down. [BuzzFeed]

* “[T]he Tiffany trademark is not something to be trifled with.” Judge Laura Taylor Swain of the Southern District of New York has ruled that Costco must pay more than $19 million after selling rings and attempting to pass them off as a luxury brand by using and infringing upon the Tiffany trademark. Treble damages are a bitch, and Costco plans to appeal. [New York Law Journal]

* After a special Senate primary, former Alabama Supreme Court Chief Justice Roy Moore, who was once removed from his post and later suspended from it, and Senator Luther Strange, who was appointed to fill the seat formerly occupied by AG Jeff Sessions, will face each other in a runoff for the state’s GOP nomination. Voters seem thrilled with their options. [New York Times]

* A former law firm partner who is accused of creating a fake Match.com account using the name of a real female attorney and allegedly signing her up for emails from a weight loss surgery company, the Obesity Action Coalition, and Pig International — all from his law firm computer — is facing discipline before the Illinois Attorney Registration and Disciplinary Commission [Law.com]

* Joseph Amico, who was arrested back in April after threatening to blow up a Manhattan attorney who he allegedly referred to as a “n****r lover” has been rearrested, this time for allegedly harassing the judge in his divorce case. Amico, who was free on $50,000 bail, has an optimistic attorney who’s confident his client will receive a “favorable bail disposition.” [New York Daily News]

* If you’re searching for a job to take after law school that doesn’t necessarily involve practicing law, then you may want to consider a career in policy work. After all, having a law degree when working in the policy world likely amounts to some sort of a JD Advantage-type job. [U.S. News & World Report]

* James Alex Fields Jr., the 20-year-old accused of ramming his car into a group of counter-protesters in Charlottesville, Virginia, killing one and injuring numerous others, has been charged with one count of second-degree murder, three counts of malicious wounding, and one count related to leaving the scene of an accident. [NPR]

* Heather Heyer, the 32-year-old woman who was killed in Charlottesville this weekend, was a paralegal at a small law firm where she managed the bankruptcy department. She was described as woman willing to stand up against “any type of discrimination.” We’ll have more on this tragic news later today. [New York Times]

* After being urged by Senator Ted Cruz to “prosecute this grotesque act of domestic terrorism,” the Department of Justice has opened a federal civil rights investigation into the deadly white supremacy rally that occurred this past weekend in Charlottesville, as the events that unfolded there “strike at the heart of American law and justice.” [Independent Journal Review; The Hill]

* “Evidently that’s not going to happen.” Senator Chuck Grassley, chairman of the Senate Judiciary Committee, is walking back comments that he made back in April about the likelihood of a Supreme Court justice (i.e., Justice Anthony Kennedy) retiring this summer. Maybe he’ll get his wish next summer. [Reuters]

* Classes are supposed to begin at Charlotte Law in three weeks, but according to a spokesman from the University of North Carolina system, the school’s temporary license to operate has expired. The dean of the troubled law school, on the other hand, says the license hasn’t expired. Hmm… [Charlotte Observer]

* President Donald Trump rejects reports that he’s considered firing special counsel Robert Mueller, while offering a less-than-ringing endorsement of his relationship with Attorney General Jeff Sessions: “It is what it is.” [New York Times]

* Former Trump campaign manager Paul Manafort, whose house was the subject of a predawn raid by the FBI, parts ways with WilmerHale and goes back to his former lawyers at Miller & Chevalier. [National Law Journal]

* Meanwhile, the Trump administration files its opening brief in the Supreme Court in the travel ban litigation. [How Appealing]

* Georgetown Law launches a new con-law center, the Institute for Constitutional Advocacy and Protection, led by star SCOTUS litigator Neal Katyal, former National Security Council official Joshua Geltzer, and former Justice Department official Mary McCord. [ABA Journal]

* Some Democratic senators claim that the White House isn’t consulting them enough about judicial nominations. [Politico]

* The hype may exceed the reality on alternative-fee arrangements — but not at pharma giant GlaxoSmithKline, which takes an aggressive and innovative approach to AFAs. [Am Law Daily]

* Settling the “pink slime” litigation cost Disney/ABC how much? [How Appealing]

* Also not cheap: the costs of bad-faith discovery spoliation. [Big Law Business]

* Which justices dissent most frequently in constitutional cases? The top few probably won’t surprise you, but Adam Feldman has other interesting data too. [Empirical SCOTUS]

* A hefty — think 132 pages — ruling from the Tenth Circuit, overturning a Native American man’s murder conviction and death sentence, could have major implications. [How Appealing]

* Warm words from Eugene Volokh for his co-blogger Nick Rosenkranz, a possible Second Circuit nominee. [Volokh Conspiracy / Washington Post]

* Drew Rossow poses an interesting question: Could Your Roomba Soon Be Sucking Up Your Privacy Rights? [Huffington Post]

* Ann Althouse analysis on President Trump’s controversial “fire and fury” comments. [Althouse]

* “THE HORROR. THE HORROR. Newark Terrorized by Whole Foods.” [National Review via Instapundit]

* “We have a very crappy judicial system.” Judge Richard Posner of the Seventh Circuit says the Supreme Court has far too few justices, and is calling for 10 more to be added to the high court’s ranks, as he thinks the current arrangement on the bench is “[m]ediocre and highly politicized.” Tell ’em how you really feel, Your Honor. [Chicago Tribune]

* “This is deeply disturbing.” The Justice Department’s civil rights division is planning to sue colleges and universities that engage in “intentional race-based discrimination” in their affirmative action policies — that is, discrimination against white applicants. Hmm, wasn’t this recently before SCOTUS… twice? [New York Times]

* RIP, billables: Microsoft wants to completely eliminate the billable hour by entering into alternative fee arrangements with all of the firms it works with in the future. Twelve Biglaw firms and one intellectual property firm will spearhead this movement as the company’s strategic partners. [Big Law Business]

* The Department of Education has filed a motion for summary judgment in a suit brought by the ABA over public service loan forgiveness, claiming that its forgiveness eligibility determinations won’t be final until 10 years have passed and that any eligibility letters sent thus far are nonbinding and merely advisory. How comforting for law grads drowning in debt? [Law.com; ABA Journal]

* The Senate has confirmed King & Spalding partner Christopher Wray as the new director of the FBI. During his hearings, Wray said he’d resign if he were ever asked to do something immoral or illegal, as his “commitment is to the rule of law, to the Constitution, to follow the facts wherever they may lead.” [CNN]

* President Trump’s personal legal team: “It’s utter chaos. Sometimes it can be like no one knows who is in charge.” [Washington Post]

* Adam Feldman predicts that the travel ban is going down before SCOTUS. [Empirical SCOTUS]

* The Trump tweets on banning transgender individuals from the military aren’t the only bad news for the LGBTQ community today. [Washington Blade]

* A nice win for the First Amendment and public access to court records. [Volokh Conspiracy / Washington Post]

* Ira Stoll wonders (with good reason): why did the New York Times account of this high-profile gender discrimination lawsuit name the law firm, but not the plaintiff? [Smarter Times]

* Clerkships guru Debra M. Strauss, who has written for our pages on the topic, is out with a second edition of Behind the Bench: The Guide to Judicial Clerkships (affiliate link).

* Can the president be indicted? You betcha! “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties. In this country, no one, even [the president], is above the law.” [New York Times]

* According to Justice Ruth Bader Ginsburg, the most notorious grandma of them all, the Trump administration was a little heavy-handed when it came to the travel ban from majority-Muslim countries, and its definition of close family was simply “too restrictive” for the high court to abide by — which is why the “grandma ban” no longer exists. [Associated Press]

* Why did Ty Cobb decide to join President Trump’s legal team for the Russian election collusion investigation? Here’s what he said, in his own words: “If the president asks you, you don’t say no. I have rocks in my head and steel balls.” Well, that certainly explains it! [National Law Journal]

* As the Supreme Court’s junior justice, Neil Gorsuch has the unenviable task of serving on the cafeteria committee. It’s a “truly disheartening assignment,” especially since the vast majority of the people who are forced to eat there thanks to a lack of other options have described the food as poor, at best. [Wall Street Journal (sub. req.)]

* A Cravath associate once said that Anthony Scaramucci, the Harvard Law grad who now serves as President Trump’s new communications director, isn’t one to “humble brag.” But that won’t stop him from helping the president with a few second-hand humble brags. During the press conference where he introduced himself to the world, he said Trump could “throw a dead spiral through a tire,” “hit[] foul shots and swish[] them,” and “sink[] 30-foot putts.” This is all totally believable(?). [Law.com]

* Leary Davis, founding dean of Elon Law and Campbell Law, RIP. [Roanoke Times]

* The Supreme Court’s latest ruling in the travel ban litigation: good news for grandparents, bad news for certain refugees. [How Appealing]

* And in the travel ban battle, the parties aren’t pulling their punches. [Democracy in America / The Economist]

* Nor does Joshua Matz: “The Supreme Court is now a co-owner and co-author of the travel ban.” [Take Care]

* Justice Goodwin Liu and a team of Yale Law School researchers have issued an important new report about Asian Americans in the legal profession today. [The Portrait Project]

* A defense of that controversial David Brooks column about salami. [Volokh Conspiracy / Washington Post]

* And a defense of due process when it comes to allegations of sexual assault on college campuses. [The Federalist via Instapundit]

* In other higher-education news, here’s the tweet that got Nick Lutz suspended from the University of Central Florida. [Althouse]

* How do millennials view the legal industry? Drew Rossow and Elan Fields discuss. [Legal Tookit / Legal Talk Network]

* The allegations about Marc Kasowitz’s drinking problem might be salacious, but the issue of alcohol abuse by lawyers is serious. [Law.com]

* Fun for legal nerds everywhere: Chief Judge Diane Wood benchslaps parties for shoddy jurisdictional statements! [On the Case / Alison Frankel via How Appealing]

* And more fodder for #appellatetwitter types: Adam Feldman ranks the most-cited justices of the last Supreme Court Term. [Empirical SCOTUS]

* Chris Geidner wonders whether another shoe will drop concerning the emails of Donald Trump Jr. [BuzzFeed]

* The trial judge in this defamation case ought to read this analysis by Professor Eugene Volokh — or at least watch The Big Lebwoski (“For your information, the Supreme Court has roundly rejected prior restraint.”). [Volokh Conspiracy / Washington Post]

* Professor Paul Horwitz comes to the defense of the latest controversial comments by the artist formerly known as Judge Richard Posner. [PrawfsBlawg]