In this SCOTUS showdown, Justice Ginsburg clearly approves of the right to bare arms.
* “She’s kind of like Eric Holder in a skirt.” Well then. No one else really seems to care about longtime prosecutor Loretta Lynch’s nomination for the position of replacement top dog at the Department of Justice, but hey, maybe that’s actually a good thing. [National Law Journal]
* Yael Krigman, who left her job at White & Case to open up her own cakepoppery in Washington, D.C., doesn’t miss being a lawyer. In fact, these days, she says she uses her law degree “much more than [she] did as a practicing attorney.” [GW Hatchet]
* It’s official: the justices of the U.S. Supreme Court had no shame in their game when they denied certiorari on a civil rights case involving shirtless Wade McCree. It’s too bad judges are immune from lawsuits like this. [Associated Press via Detroit News]
* If you’re lucky enough to have power, then boy, Dewey have a wonderful longread for you to take a look at on this “historic” snow day. It turns out that this failed firm’s management painted a “rosy picture” to mask an “ugly truth.” [ABA Journal]
* Should you submit a law school application with a crappy LSAT score without first telling the schools that there will be another, hopefully better LSAT score coming? Please. They’ll be thrilled you have a pulse. [Law Admissions Lowdown / U.S. News]
Bar exam results from around the country are beginning to trickle in and the results are far from encouraging. The results from July 2014 were the lowest in recent memory, but many had hoped that the drop would prove to be only an aberration. This does not appear to be the case.
So now the real question is: How much longer will law students continue to stick with the major bar review companies that can’t seem to get them to pass?
* Senate Republicans are contemplating abolishing filibusters for SCOTUS nominees. This could go one of two ways: it could work out nicely for them, or explode in their faces. It’s like a choose your own adventure game. [POLITICO]
* When it comes to the upcoming gay marriage cases before SCOTUS, “[e]very lawyer involved will want to argue.” Remember, when you’re given the chance to make history, you better hope that you’re on the right side of it. [National Law Journal]
* “[I]f there is one decision I would overrule, it is Citizens United.” Even RBG thinks this campaign finance decision is one of the Supreme Court’s “darkest hour[s].” [Salon]
* SCOTUS refused to stay Charles Warner’s execution, but it agreed to grant cert on his lethal injection case days after his death. Better late than never? [New York Times]
* The NFL has drafted Ted Wells of Paul Weiss to blow up the absurd controversy that is “Deflategate.” Come on, who cares if the Patriots cheated again? [WSJ Law Blog]
* Do you know any chronic Biglaw firm-hoppers? How many firms are too many to lateral to? Three? Five? Seven? Jesus Christ, for this guy, try 10 firms. [Am Law Daily]
A unanimous ruling on religion.
Go ahead, take a wild guess.
* On Friday, the Supreme Court agreed to evaluate the constitutionality of same-sex marriage, and this is perhaps the definitive article on how the justices have been preparing the nation for marriage equality. Get ready for some big gay weddings this summer. [BuzzFeed]
* Smile for the camera! Kent and Jill Easter, the infamous helicopter-parenting lawyers who went to jail for attempting to frame a volunteer at their son’s school on drug charges, found themselves at the center of a 20/20 story. [ABC News]
* With it being highly likely that the Supreme Court will declare bans on same-sex marriage by the states unconstitutional, people are wondering which justice will be the one the vote hinges upon. Could it be Chief Justice Roberts? [New Republic]
* Come on now, the swing vote in the same-sex marriage cases will obviously be Justice Kennedy. The legal tea leaves have been read, and with his majority opinions in Romer, Lawrence, and Windsor, the future has been foretold. [WSJ Law Blog]
* Steven Metro, the former managing clerk of Simpson Thacher’s New York office, was finally indicted after being charged with insider trading almost one year ago. If you’re interested, flip to the next page to see the juicy indictment. [Am Law Daily]
* In a new report, the Texas attorney general’s office concluded the forgivable faculty loan program at UT Law not only violated school rules, but also “set into motion a lack of transparency that ultimately led to a lack of accountability.” [Texas Tribune]
* It’s on. SCOTUS grants cert in marriage equality cases. [Supreme Court]
* Law schools are admitting students who have no real hope of passing a bar exam. But keep talking about academic integrity! [TaxProf Blog]
* The Daily Show looks at Alabama’s Attorneys for Fetuses law, the impetus for the CLE “Charging an arm and a leg when your client doesn’t have an arm or a leg.” [Mediaite]
* Justice may get a little more affordable in New York. [LFC360]
* One Virginia lawyer is staying open despite
Counter-Civil Rights DayLee-Jackson Day. [Katz Justice]
* AG Holder puts a stop to the government’s Equitable Sharing program, which was a nice way of saying the “police stealing things from people” program. [Washington Post]
* School chancellor: “After careful consideration, I’ve concluded that enlisting our students as confidential informants is fundamentally inconsistent with our core values.” Would have been better to have figured that out before a student died while acting as an informant. [Redline]
* Fewer people are applying to law school. According to LSAC, the number of would-be lawyers who submitted applications is down by 8.5 percent compared to last year. Serious question: How low can we go before all schools are officially in crisis mode? [WSJ Law Blog]
* You’ll never believe how this guy paid off his law school debt. His parents got a home refi loan, and with the money ($210,000), their son got rid of his student loans. Now he’ll pay his parents’ loan for 30 years. Wow. [Business Insider]
* Justice Samuel Alito took a break from the SCOTUS docket to receive an award named for the late Judge Edward Becker of the Third Circuit, a man who he said “tried to get federal judges to act in a more sensible way. That’s a real task.” [Legal Times]
* “[T]hings are getting back to where they were before the recession,” so naturally, state judges — like those in California — are suing over the salary increases they were denied while the recession was in progress. Bless their hearts. [National Law Journal]
* Hey lawyers, want to seem like you’re smart? Stop sprinkling your briefs with SAT vocabulary words. Just put on a pair of glasses and start using your middle initial more often. For the record, speaking in a pleasant voice is also helpful. [ABA Journal]
We at Kinney are running the search for a fantastic in-house opening in Singapore, at the leading and largest tech company in Southeast Asia. The spot will be filled by a US associate with at least three years experience in M&A, from a top Wall Street or equivalent US firm. Compensation will be competitive with what the new hire is earning at their top tier law firm.
We have many new hires to report — including one young lawyer who has previously graced our pages.
* From the “Why the hell didn’t you settle this?” file: Now that Alexandra Marchuk’s case against Faruqi & Faruqi and Juan Monteverde has gone to trial, it seems the firm is getting all sorts of publicity — mostly negative. [New York Post]
* Supreme Court justices are really just like us… they show up late to work, too. Because Justice Antonin Scalia was stuck in traffic this morning, Chief Justice John Roberts had to summarize two of Scalia’s opinions from the bench. Oops! [NPR]
* Speaking of Justice Scalia, the Supreme jurist managed to sneak in a citation to Jane Austen’s Pride and Prejudice in his opinion in Whitfield v. United States to show the common usage of the word “accompany.” [Volokh Conspiracy / Washington Post]
* Remember Dennis Doyle, the lawyer who lost his job and dropped $25K to see every single Knicks game this season? He said this of his tragic endeavor: “I can’t shut it down. I’m in too deep. … I’ll see it through—if it doesn’t kill me first.” [Bleacher Report]
* An Idaho prosecutor is having regrets over the fact that he chose to issue an arrest warrant for a 9-year-old boy on gum-stealing charges, calling it “a mistake under the circumstances.” That kid must be the coolest on the playground. [ABA Journal]
* “Trying to suppress [the value of parody] with violence is a fool’s errand.” In the wake of the horror of the Charlie Hebdo shootings, it’s worth recognizing that here in the U.S., we owe much to rappers who have capitalized on free speech. [LinkedIn]
* Per New York City’s gossip rag of record, an alleged “bed-pooping, cokehead” banker and his “alcoholic” wife were called out by the judge in their divorce case for involving their kids in a “horrible fiasco.” [New York Post]
* For time infinitum, the structure of Wachtell Lipton’s billing was “cloaked in mystery.” Thanks to an errant fee agreement, however, we have an idea of what the prestigious firm charges for its “distinctive service.” [Am Law Daily]
* Hey guys, Valentine’s Day is right around the corner, and there’s a newly single Bachelorette on the prowl. The lovely Andi Dorfman called off her reality TV stunt engagement. Perhaps the ADA will return to prosecuting cases? [E! Online via TODAY]
* “We are in the end game on the freedom to marry for same-sex couples.” Later today, we may find out whether the Supreme Court intends to take up any of the same-sex marriage disputes that have been presented to it this Term. [Bloomberg]
* It looks like the UNLV William S. Boyd School of Law is starting an LL.M. program in gambling law. Step right up, because we’re now taking bets to see whether this degree will be advantageous for its graduates in the job market. [National Law Journal]
* California’s foie gras ban was recently struck down by a judge as an illegal encroachment upon the federal government’s regulatory domain. Please remember that while it’s delicious… it’s supposedly only “for assholes.” [San Francisco Chronicle]
Which justice did he clerk for? Why did he become a stay-at-home dad in the first place?
* At the annual Association of American Law Schools meeting, Justice Ruth Bader Ginsburg handed out a delightful piece of marriage advice that she sometimes uses when dealing with her colleagues on the Supreme Court: “It helps to sometimes be a little deaf.” [National Law Journal]
* Thomas Gilbert Jr., the man accused of killing his father — who just so happened to be the founder of the Wainscott Capital hedge fund — allegedly shot him to death over a $200 cut in his monthly allowance. This is why rich people can’t have nicer things. [New York Post]
* Litigants on both sides of a First Amendment issue headed to SCOTUS are using a law review article penned by none other than Justice Elena Kagan in an attempt to influence all of the justices. See, people do read law review articles. [New York Times]
* Musical chairs, dean-poaching edition: Fordham Law just named Matthew Diller as its new dean, but he’s still going to remain as dean at Cardozo until the end of the year. Let’s see how he tackles the school’s enrollment decline. [New York Law Journal]
* Per a study conducted by the Institute for the Advancement of the American Legal System, law school graduates who participated in a practice-ready program fared better as attorneys than those who did not. Whoa, nice going. [WSJ Law Blog]
Who would dare to do such a thing?
How come law professors avoid speaking about affirmative action? How come we as a society can’t civilly debate the merits of affirmative action?
* In his year-end report, Chief Justice Roberts wrote about the high court’s belated adoption of the latest technological advances, but promised SCOTUS briefs and filings would be online… next year. [New York Times]
* It’s been recommended that J. Michael Farren, the former White House lawyer who attempted to murder his ex-wife — a former Skadden Arps attorney — be disbarred in D.C. Apparently the bar considers a conviction for something like this a big no-no. [Legal Times]
* Dzhokhar Tsarnaev’s terrorism trial for his involvement in the Boston Marathon bombings will begin in Boston on January 5, despite his legal team’s best efforts to avoid the inevitable. At least fangirls won’t have to travel to admire him. [Bloomberg]
* Here’s one law prof’s thoughts on Harvard Law’s lame response to sexual assault complaints: “I believe … that Harvard University will be deeply shamed at the role it played in simply caving to the government’s position.” Well then. [WSJ Law Blog]
* Remember the Idaho prosecutor who recited the lyrics to “Dixie” during closing arguments at a black man’s trial? The defendant’s conviction was overturned because the prosecutor “inject[ed] the risk of racial prejudice into the case.” [NBC News]
* “People asked me what I want as an epitaph: He tried.” Mario Cuomo, the three-term New York governor and Willkie Farr alumnus who was once considered to replace Supreme Court Justice Byron White, has passed away. RIP. [New York Times]