SCOTUS

Morning Docket

Morning Docket: 03.17.16

* Been there, done that: The political standoff having to do with Chief Judge Merrick Garland's nomination to the Supreme Court is nothing new. When he was nominated to the D.C. Circuit by President Bill Clinton in September 1995, Senate Republicans refused to hold a confirmation vote for him until March 1997. If patience is a virtue, then Garland has got to be the most virtuous judge of them all. [WSJ Law Blog] * Is he the "most anti-gun Supreme Court nomination in decades"? Conservative group Judicial Crisis Network plans to spend $2 million on an ad campaign in opposition to Chief Judge Merrick Garland's SCOTUS nod, calling attention to his "history of general hostility to the Second Amendment," as well as his vote in the Heller case. [POLITICO] * Greenberg Traurig has called off its merger talks with London-based Berwin Leighton Paisner, citing the firm's "conservative approach to financial risk." Executive chair Richard Rosenbaum penned a 540-word break-up letter announcing the bad news. The combined firm would've had more than 2,500 lawyers. [Big Law Businness / Bloomberg] * Finally! The California Supreme Court approved of changing the state's grueling three-day bar exam to a two-day exam, effective 2017. The first test day will consist of five essays and a performance test, and the second day will be the MBE. Both days will be weighted equally, and test takers will surely be less stressed. [State Bar of California] * If you've started receiving law school admission offers, now is a great time to consider weighing your options for merit-based financial aid -- carefully. If you wind up with a conditional scholarship offer, you better make sure to read all of the fine print, because if you don't, you could wind up screwing yourself. [Law Admissions Lowdown / U.S. News]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.16.16

* All the awesome things that Republicans have said about Merrick Garland. [Mic] * A deep dive into the record of Chief Judge Garland, and it just might encourage Democrats who are worried that "moderate" is the most used descriptor for the jurist. [New York Times] * The violence in this cycle's electoral process may only appear historic in retrospect, and by then, it may be too late. [Medium] * This is why we should all care about and support Chief Judge Garland's nomination. [Slate] * Analyzing Chief Judge Garland's decision in SpeechNow v. FCC does not provide a reliable bellwether as to how he'd vote in a future campaign finance case. [Election Law Blog] * The jury asks a female editor a shockingly sexist question during the Hulk Hogan v. Gawker trial. [Vox] * Fun mashup of Hamilton, the musical, and Donald Trump. [YouTube]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.16.16

* President Obama will announce his pick to replace the late Justice Antonin Scalia later this morning. Which member of the D.C. Circuit will he choose, Judge Sri Srinivasan or Judge Merrick Garland? America will find out at 11 a.m., and then the real political circus of trying to get a confirmation hearing will begin. [New York Times] * "Republicans know they can't get away with complete and total obstruction, so they may try to set up a double standard." Senate Republicans have refused to fill the vacancy left on the Supreme Court left by the late Justice Antonin Scalia, but it looks like more than 30 other federal judicial nominees may have been caught in the political fray. [AP] * After having a district court judge's deferred compensation remedy slapped down by the Ninth Circuit, lawyers in the O'Bannon NCAA student-athlete pay case have asked the Supreme Court to grant certiorari. The lawyers involved "[feel] so strongly in the principles involved" that they don't care if they lose their fees and costs. [USA Today] * A small victory for a washed-up Mean Girl? Lindsay Lohan has never really had much success when it comes to suing others on the basis of likeness appropriation, but a New York judge has refused to dismiss her case against Rockstar Games over a look-alike character in Grand Theft Auto V. You go, girl! [THR, ESQ. / Hollywood Reporter] * Per Lex Machina, after a slow 2014, patent litigation rose by 14.7 percent in 2015. What's troubling to some lawyers, though, is that all of the action has migrated to Texas courts: "Why should this little corner that’s not particularly a hotbed of innovation have such an important role to play in patent law?" [Big Law Business / Bloomberg BNA] * Talent agency Rebel Entertainment Partners is suing CBS, the TV station that airs "Judge Judy," because it claims Judge Judy is taking in such a high salary that the network has been unable to dole out its contractually obligated payments. Although she's not named in the suit, Judge Judy, full of sarcasm, says this is "hilarious." [Variety]

By Staci Zaretsky
In-House Counsel

Non-Sequiturs: 03.14.16

* Ivanka Trump is getting called out on Instagram. Seems one of the shoes in her eponymous line is a dead ringer for Aquazzura's Wild Thing fringe sandal. [The Fashion Law] * The billable hour actually makes law firms less competitive -- not that this revelation will stop firms from conducting business that way. [Lawyerist] * When people attack Judge Jane Kelly because she used to be a public defender, they are really taking a crack at the Sixth Amendment. [Slate] * All the things that in-house counsel really want from their outside attorneys. [Ten Things] * A contested convention looks increasingly likely, and the GOP establishment is busy planning for that eventuality. [Bloomberg Politics] * Our friends at Solo Practice U turn 7! Don't miss their anniversary special. [Solo Practice University] * Word to the wise: when you start looking to House Of Cards for political tactics, you might be one of the bad guys. [The Slot] * What it takes to pull off a career comeback. (Spoiler alert: it isn't easy.) [Law and More]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.14.16

* Now that the Supreme Court shortlist has been whittled down to just three appellate judges, people are speculating as to whether we're on track to see our first Asian-American nominee. Sri Srinivasan, the front-runner whose "ethnic identity would be the real novel factor here," could be the high court's first Hindu justice. [Washington Post] * Those on the left, however, apparently have objections to Judge Srinivasan's nomination. During his time at both O'Melveny & Myers and the DOJ, he supported companies accused of gross human rights abuses -- a "deeply disturbing" record for someone being considered for SCOTUS. [The Hill] * Oopsie! Somebody wasted $250K! On Friday, Judicial Crisis Network launched an ad campaign against Judge Jane Kelly of the Eighth Circuit's possible nomination to the nation's highest court. You can "[t]ell your senator Jane Kelly doesn't belong on the Supreme Court" all you want, but this is a bit of a moot point now. [POLITICO] * Since "simply claiming that an attorney's conduct was fraudulent does not allow plaintiffs to circumvent attorney immunity," the Fifth Circuit tossed a suit alleging that Proskauer Rose and Chadbourne & Parke helped to conceal R. Allen Stanford's $7.2B Ponzi scheme. Stanford is serving a 110-year sentence. [Big Law Business / Bloomberg] * You snooze, you lose: "[W]e find it impossible not to conclude that [Nikita] Mackey slept, and was therefore not functioning as a lawyer during a substantial portion of the trial." The Fourth Circuit vacated a man's conviction and 30-year sentence because his lawyer slept "almost every day" of his trial, for at least 30 minutes. [WSJ Law Blog]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.10.16

* An in-depth look at Netflix's most lovable lawyer, Foggy Nelson. [Netflix Life] * Berkeley Law is not alone in dealing with scandals. Where is Olivia Pope when you need her? [Law and More] * Wasting time, but churning bills, creating PDFs. [Daily Lawyer Tips] * Environmental law will never be the same now that Justice Scalia's dead. Mother Nature, for one, is grateful. [Huffington Post] * Court rules there is no constitutional right to BDSM. [Slate] * A battle over Texas's voter ID law is coming back to the Fifth Circuit, just in time for the 2016 election. And if the Supreme Court stays split in its presumed 4-4 breakdown, the Fifth Circuit could get the final word on the law. [The Atlantic] * A fascinating look inside the shady business of wrangling amicus briefs. [Chicago Tribune] * Is Camille Paglia flirting with Donald Trump support? [Lawyers, Guns and Money] * Corporate lawyers agree: leaving a vacancy on the Supreme Court is a terrible idea. [Wall Street Journal]

By Kathryn Rubino