SCOTUS

Obviously a Norton Rose associate.

* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]

* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]

* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]

* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]

* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]

* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]

* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….

double red triangle arrows Continue reading “Non-Sequiturs: 01.07.13″

* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)]

* Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer]

* Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg]

* Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal]

* Remember when Rutgers-Camden Law said “many top students” were making bank after graduation? Yeah, about that: Law School Transparency just filed an ABA complaint. [Thomson Reuters News & Insight]

* Here are some law school trends to look out for in 2013. FYI, the applicant pool is smaller because no one wants to foolishly gamble on their careers anymore. [Law Admissions Lowdown / U.S. News & World Report]

* In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times]

* Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]

* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters]

* Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN]

* Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)]

* But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times]

* A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post]

* One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News]

* You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times]

* Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]

The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. Come on, people, we still have to crown our Lawyer of the Year for 2012.

Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of nine (although you’ll see only eight options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.

And the nominees are….

double red triangle arrows Continue reading “Above the Law’s 2012 Lawyer of the Year Competition: The Finalists!”

* Seven out of nine sitting Supreme Court justices were silent when it came to the passing of Robert Bork. Justice Antonin Scalia, of course, issued a public statement, as did liberal Justice Ruth Bader Ginsburg (surprise!). [WSJ Law Blog (sub. req.)]

* No one ever really doubted that it would take an army of Biglaw lawyers from the likes of Sullivan & Cromwell, Shearman & Sterling, and Wachtel Lipton to handle a monumental deal like the proposed $8.2 billion NYSE/ICE merger. [Am Law Daily]

* Can you coach with Nick Saban and be a Miller Canfield partner at the same time? No. But you can sue (and win!) when the firm allegedly forces you out due to its “culture of fear and intimidation.” [Detroit Free Press]

* Justice Rolando Acosta, who wrote the opinion upholding the dismissal of the class action case against NYLS, rates well among his peers as a nominee for the New York Court of Appeals. [New York Law Journal]

* Peter Madoff was sentenced to ten years in prison for his role in Bernie Madoff’s Ponzi scheme, but the judge will probably let him go to his granddaughter’s bat mitzvah before shipping him to the pokey. [Bloomberg]

* Merry Christmas, now go f**k yourself. A federal judge has given a woman in Louisiana free rein to display holiday lights on her roof in the form of an extended middle finger. God bless America. [CBS 3 Springfield]

We learned this morning that Robert H. Bork died. But the era that he ushered in lives on.

It’s sad to remember a man for his most notable failure instead of his accomplishments. Somewhere, Bill Buckner just nodded in agreement. Bork was a U.S. Solicitor General, an accomplished scholar, and of course, a rejected nominee for the Supreme Court.

Bork was an originalist, a crazy, rabid conservative who hated the Warren Court and saw no constitutional problem with forcing me to drink from a separate water fountain — so long as my water fountain was just as good as the white one. For the kids out there, let me tell you that while crazy originalists have come to dominate conservative legal thought, back in 1987, Bork’s views were pretty controversial.

As Solicitor General under Richard Nixon, Bork participated in the “Saturday Night Massacre” (which didn’t sound like such hyperbole back in a time before mass shootings were a regular thing).

During the confirmation process, Bork was candid about his views and opinions. Democrats erected a wall of opposition against him. His nomination was defeated 58 – 42.

Defeating the Bork nomination was probably the worst thing that has happened to the Supreme Court in living memory….

double red triangle arrows Continue reading “Robert Bork: The Man Who Borked the SCOTUS Nomination Process”

Merry Christmas! Yes, “Merry Christmas,” and not “Happy Holidays,” consistent with the late Chief Justice Rehnquist’s preference.

Look at what Santa Claus left underneath the Christmas tree: news of Supreme Court clerk hiring, wrapped up in a bow! Just in time for the holiday season.

Keep reading to find out the latest law clerks bound for One First Street, as well as their law schools and feeder judges. Some of the justices are already hiring for October Term 2014….

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: OT 2013 and OT 2014″

* Change may be coming soon in light of the Newtown shooting, but any talk about new federal restrictions on guns will hinge on the Supreme Court’s interpretation of the Second Amendment through the lens of the Heller case. [National Law Journal]

* Joel Sanders and the Steves are facing yet another “frivolous” lawsuit over their alleged misconduct while at the helm of the sinking S.S. Dewey, but this time in a multi-million dollar case filed by Aviva Life and Annuity over a 2010 bond offering. [Am Law Daily]

* Always a bridesmaid, never a bride: Pillsbury has had the urge to merge since February, and now the firm may finally get a chance to walk down the aisle with Dickstein Shapiro. [Thomson Reuters News & Insight]

* Income-based repayment is a bastion of hope for law school graduates drowning in student loan debt, but when the tax man commeth, and he will, you’ll quickly find out that the IRS doesn’t have IBR. [New York Times]

* Is the premise of graduating with “zero debt” from a law school that hasn’t been accredited by the ABA something that you should actually consider? Sure, if you don’t mind zero jobs. [U.S. News and World Report]

* Daniel Inouye, Hawaii’s Senate representative for five decades and a GW Law School graduate, RIP. [CNN]

There are four of us [on the Court] from New York City. We have every borough covered except for Staten Island; we’re waiting for that Staten Island judge.

– Justice Elena Kagan, speaking last night with Leon Wieseltier of The New Republic for the seventh annual Yitzhak Rabin Memorial Lecture, “Law and Justice,” at the Sixth & I Historic Synagogue in Washington, D.C.

(Read more about Justice Kagan’s remarks, in which the former Harvard Law School dean called a certain T14 school a TTT, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Keep Waiting
(And: Justice Kagan Disses A Top Law School)

It was a long time ago, and a funny story. For the record, neither one of us used Quaaludes.

Kevin Noonan, Justice Sonia Sotomayor’s ex-husband, commenting on the gift he presented to his ex-wife, then a Yale Law student, on their wedding night: a bag of disco biscuits. Sotomayor claims she refused to pop the pills, and instead suggested that her husband flush them down the toilet.

(The anecdote appears in Justice Sotomayor’s forthcoming memoir, My Beloved World (affiliate link), scheduled for publication next month.)

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