Sentencing Law

  • It's Alito time, Phil! (via Getty Images)

    Antonin Scalia, Biglaw, Celebrities, Constitutional Law, Eugene Scalia, Federal Judges, Gay Marriage, Law Schools, LSAT, Military / Military Law, Morning Docket, Phil Alito, Police, Samuel Alito, SCOTUS, Sentencing Law, Shira Scheindlin, Supreme Court

    Morning Docket: 08.22.13

    * The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]

    * Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]

    * “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]

    * According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]

    * Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]

    * Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]

    * Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]

    * I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning sure picked a great time to make this announcement to the world. [Chicago Tribune]

    * You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]

    4 Comments / / Aug 22, 2013 at 9:08 AM
  • Martin Lipton?

    Attorney Misconduct, Clerkships, Deaths, Drugs, Education / Schools, Gay, Gay Marriage, Legal Ethics, Martin Lipton, Money, Morning Docket, Murder, Police, Privacy, SCOTUS, Sentencing Law, Shira Scheindlin, State Judges, State Judges Are Clowns, Supreme Court, Supreme Court Clerks

    Morning Docket: 08.16.13

    * Former SCOTUS clerks earn more money for having clerked at the high court than SCOTUS justices earn for their yearly salaries. Consider how ridiculous that is. [The Economist]

    * As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post]

    * Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal]

    * Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes]

    * NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily]

    * As was widely expected, Mayor Michael Bloomberg’s army of New York City lawyers will soon take the first step to appeal Judge Shira Scheindlin’s stop-and-frisk ruling. [New York Law Journal (sub. req.)]

    * A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette]

    * Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer]

    * Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star]

    * Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]

    16 Comments / / Aug 16, 2013 at 9:11 AM
  • drugs soft on drugs RF

    American Bar Association / ABA, Crime, Department of Justice, Drugs, Eric Holder, Politics, Sentencing Law

    More Than Minimizing Mandatory Minimums: A Conservative Call for More Radical Drug Reform

    Why should conservatives support the decriminalization of drugs? Tamara Tabo explains.

    59 Comments / / Aug 15, 2013 at 10:12 AM
  • Holder ABA RF

    American Bar Association / ABA, Conferences / Symposia, Crime, Drugs, Eric Holder, Minority Issues, Racism, Sentencing Law

    Eric Holder Preaches To The Choir At ABA: It’s Nice When Lawyers Think People Will Listen To Them About Laws

    Holder’s speech at the ABA would have been more interesting if the ABA could have done anything about it.

    29 Comments / / Aug 14, 2013 at 3:52 PM
  • student-loan-debt

    9th Circuit, Banking Law, Bar Exams, Biglaw, Books, Federal Government, Federal Judges, Law Schools, Money, Morning Docket, Racism, Ruth Bader Ginsburg, SCOTUS, Sentencing Law, Sports, Student Loans, Supreme Court, United Kingdom / Great Britain, Video games

    Morning Docket: 08.01.13

    Ed. note: We are having an Above the Law retreat this afternoon, so we may be less prolific than usual today. We will return to our regularly scheduled programming tomorrow.

    * “I think I am now the hardest-working justice. I wasn’t until David Souter left us.” Justice Ginsburg celebrates her twentieth year on the high bench in true diva style. [USA Today]

    * Sorry, EA, the Ninth Circuit thought your First Amendment free expression defense to allegedly stealing college sports players’ likenesses was a load of hooey. [Wall Street Journal]

    * “It’s a decision that clearly favors the merchants.” A federal judge gave the Fed a spanking in a ruling on its cap for debit card fees earned by banks after consumer swipes. [DealBook / New York Times]

    * “What makes this discriminatory? I don’t think there’s anything in Title 7 that says an employer has to be consistent.” Ropes & Gray’s “token black associate” had his day in court. [National Law Journal]

    * The firm that outed J.K. Rowling as author of “The Cuckoo’s Calling” will make a charitable donation as an apology — getting the book to the bestseller’s list wasn’t charitable enough. [New York Times]

    * As the bar exam draws to a close today, here’s something to consider: 12,250 people signed up to take the test in New York alone. Are there jobs out there for them? Best of luck! [New York Law Journal]

    * The feds want to make a better return on their investment on law student loans. Perhaps it’s time for those good old gainful employment regulations. [Student Loan Ranger / U.S. News & World Report]

    * Cleveland kidnapper Ariel Castro is expected to speak at his sentencing hearing today, where a judge will decide if a term of life in prison plus 1,000 years is appropriate punishment for him. [CBS News]

    14 Comments / / Aug 1, 2013 at 9:25 AM
  • via Know Your Meme

    Akin Gump, Attorney Misconduct, Death Penalty, Drugs, Non-Sequiturs, Sentencing Law, Technology

    Non-Sequiturs: 07.26.13

    * The cop who became a global internet meme for pepper spraying protesters at Berkeley is now appealing for worker’s comp, arguing that he suffered psychiatric injury. Pray for him. [Lawyers, Guns & Money]

    * Ariel Castro has pleaded guilty. Professor Douglas Berman suggests that the death penalty may have made this possible. An alternative theory is that Castro doesn’t think being locked up in a tiny space for years on end is all that bad. [Sentencing Law and Policy]

    * Navigating the archetypes of expert witnesses based on The Office. [The Expert Institute]

    * Lawyer arrested for bringing meth into a courthouse. I’d say “better call Saul,” but this sounds more like something Saul would do. [Press Democrat]

    * An Akin Gump partner, James Meggesto, is in hot water for Tweeting his disdain for a congressman and a Native American chief. For the record, when a tweet opens with “Resisting urge to tweet…”, you’ve failed. [Politico]

    * This story actually reminds me of the plot to the new BSG series — a networked house can easily be hacked by cylons. Or in this case, Kashmir Hill. [Forbes]

    * New York’s energy regulations are increasing demand for energy-efficient solutions. The most efficient thing about my apartment is finally getting a break in the heat. [Breaking Energy]

    8 Comments / / Jul 26, 2013 at 5:02 PM
  • iphone

    3rd Circuit, 7th Circuit, Biglaw, Blackberry-Crackberry, Cellphones, Gay Marriage, Guns / Firearms, In-House Counsel, Insider Trading, iPhone, Law Professors, Law Schools, LSAT, Morning Docket, Sentencing Law, Trials

    Morning Docket: 07.10.13

    * “Can you imagine if a law firm had a breach? We wouldn’t work with them again.” In-house counsel are pissed that outside counsel CHECK THEY EMAILS on cellphones. [Am Law Daily]

    * Matt Kluger’s 12-year insider trading sentence was upheld by the Third Circuit. All of the Biglaw firms he’s worked at, most recently Wilson Sonsini, must be so proud. [WSJ Law Blog (sub. req.)]

    * Shots fired: a tax law professor decimates Seton Hall in prose over its decision to possibly kick untenured junior professors to the curb due to budget considerations. [DealBook / New York Times]

    * Do yourselves a favor, and don’t worry about how to “demystify the LSAT experimental section” during the test — unless you want a crappy score. [Law Admissions Lowdown / U.S. News & World Report]

    * Pass the ammunition? After facing a court-mandated deadline from the Seventh Circuit, Illinois is now the last state in the country to have legalized the concealed carrying of firearms. [Chicago Tribune]

    * Now that SCOTUS has punted on the question of gay marriage, other plaintiffs are stepping forward to sue for the right to wed. Next up, a challenge to Pennsylvania’s ban on equality. [Legal Intelligencer]

    * James “Whitey” Bulger let f-bombs fly across the courtroom during his trial yesterday when his former partner took the stand to testify against the mob boss. Once a Masshole, always a Masshole. [CNN]

    18 Comments / / Jul 10, 2013 at 9:07 AM
  • prison RF

    Clarence Thomas, Constitutional Law, Crime, Politics, SCOTUS, Sentencing Law, Supreme Court

    Mandatory Minimums: SCOTUS Gets (A Little Less) Confused

    A notable new ruling from the Supreme Court on sentencing.

    30 Comments / / Jun 20, 2013 at 10:25 AM
  • Left to right: Eric Cuellar, Hazhir Kargaran, and Justin Teixeira (click to enlarge).

    Animal Law, Boalt Hall, Crime, Deaths, Law Schools, Sentencing Law, Violence

    A Final Guilty Plea in the Berkeley Bird Beheading

    The sad story of the Berkeley bird beheading comes to a close, as the third and final defendant pleads guilty.

    33 Comments / / Jun 13, 2013 at 4:39 PM
  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Crime, Elena Kagan, SCOTUS, Sentencing Law, Supreme Court

    Does the Ex Post Facto Clause Apply To Suggestions?

    We’re still waiting on an affirmative action ruling, but yesterday the Supreme Court handed down an interesting decision on the Ex Post Facto Clause and the federal sentencing guidelines.

    1 Comment / / Jun 11, 2013 at 12:45 PM
  • Righteous Indignation RF

    Constitutional Law, Crime, Death Penalty, Politics, Sentencing Law

    Why We Can’t Have Nice Things: The Death Penalty Dilemma

    A conservative’s argument against the death penalty.

    29 Comments / / May 30, 2013 at 10:06 AM
  • Holdem

    Death Penalty, Gambling, Gambling / Gaming, Jury Duty, Law Schools, Morning Docket, Religion, Sentencing Law, State Attorneys General, Tax Law, Videos

    Morning Docket: 05.23.13

    * Online gambling wants to come back to the U.S. after the government cracked down last year. Anybody want odds on whether this works? [Wall Street Journal]

    * In news that only affects those who want to dress like whores, Abercrombie & Fitch and Hollister may systematically mistreat the disabled. [Fox News]

    * Post-disaster price gouging is sad, but inevitable. Oklahoma’s Attorney General E. Scott Pruitt is having none of it. [The National Law Journal]

    * Obama will address drone policy and Gitmo in a security speech today because, after the last couple weeks of scandal, he’s hoping to introduce fodder for another round of withering criticism. [Huffington Post]

    * The Daily Caller is all over the idea that Michelle Obama may have dated the Inspector General of the IRS at Harvard Law. Which proves… actually I have no idea if the Daily Caller even knows why this might be significant. [Daily Caller]

    * U.S. and Chinese law schools are collaborating more. American law schools are really desperate to open themselves to more students, aren’t they? [China Daily]

    * The Jodi Arias jury may not be able to make a decision on sentencing. If you cared about this story at all, you’ve already heard Nancy Grace’s opinion. [NBC News]

    * Elie argues with folks about Greece v. Galloway and legislative prayer. Video after the jump… [Huff Post Live]

    4 Comments / / May 23, 2013 at 9:03 AM
  • Jodi Arias

    Biglaw, Commencement, Crime, Dewey & LeBoeuf, Morning Docket, Murder, Sentencing Law, State Judges, State Judges Are Clowns, Trials

    Morning Docket: 05.10.13

    * Growth was “steady” for New York’s top firms, with Latham & Watkins and Skadden Arps leading the pack in terms of gross revenue — which wasn’t surprising, considering their Am Law 100 gross revenue ranking. [New York Law Journal]

    * Dewey know when we’ll be able to stop using this pun? Hmm, at this rate, probably never. Steve Otillar and Citi recently settled their dueling suits over the ex-D&L partner’s capital contribution loan to the failed firm. [Am Law Daily]

    * Cahill Gordon was supposed to investigate the Rutgers basketball scandal, but the firm cited a conflict of interest, so Skadden Arps stepped in. [Insert the joke of your choice here. I don’t like or watch this sport.] [Reuters]

    * Surely you’ve heard about Justice Orie Melvin’s sentence by now. As it turns out, shaming a judge like you’d shame your dog online might not be enforceable… which is too bad. [Pittsburgh Post-Gazette]

    * When we last spoke about “controversial” commencement speakers, we didn’t bring up the fact that Nancy Pelosi would be pulling double duty at UC Davis and Baltimore. Thoughts? [National Law Journal]

    * She’s got a death wish: the aggravation phase of the Jodi Arias trial was postponed at the last minute yesterday, and some think it’s because of the interview she gave after the verdict was announced. [CNN]

    0 Comments / / May 10, 2013 at 9:06 AM
  • Casey Anthony

    2nd Circuit, American Bar Association / ABA, Bail, Bankruptcy, Biglaw, Copyright, Department of Justice, Enron, Google / Search Engines, Jeffrey Skilling, Law Schools, Money, Morning Docket

    Morning Docket: 05.09.13

    * Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

    * This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

    * Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

    * In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

    * Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

    * Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

    1 Comment / / May 9, 2013 at 9:13 AM
  • 220px-Weev-selfportrait-prophet-RF

    Crime, Sentencing Law, Technology, U.S. Attorneys Offices

    Internet Hacker Sentenced to Prison Garners Ill-Conceived Support

    Andrew Auernheimer receives 41-month prison sentence. It may be too severe, but Auernheimer was asking for it.

    18 Comments / / Mar 19, 2013 at 11:02 AM
  • Kevin Ring LF

    Attorney Misconduct, Crime, Department of Justice, Federal Government, Federal Judges, Jack Abramoff, Legal Ethics, Sentencing Law, Tim Wu, White-Collar Crime

    The Kevin Ring Case Is a Scandal and a Disgrace: Five Things I Think You Should Know

    A highly subjective look at the case against Jack Abramoff associate Kevin Ring. The writer, a friend of Ring’s, argues it was a miscarriage of justice.

    34 Comments / / Feb 28, 2013 at 5:49 PM
  • Supreme Court SCOTUS photo by David Lat

    Crime, Federal Judges, SCOTUS, Sentencing Law, Supreme Court

    Today at the Supreme Court: Moving The Starting Point

    What happened at the U.S. Supreme Court today? Our SCOTUS correspondent, Matt Kaiser, offers an eyewitness report.

    5 Comments / / Feb 26, 2013 at 4:55 PM
  • tiffany box

    Airplanes / Aviation, Basketball, Biglaw, Blogging, Contracts, Douglas Berman, Education / Schools, Environment / Environmental Law, Federal Government, Intellectual Property, Law Professors, Mergers and Acquisitions, Morning Docket, Politics, Sentencing Law, State Judges, Trademarks, Wall Street

    Morning Docket: 02.15.13

    * What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]

    * The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]

    * Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]

    * After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]

    * “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]

    * If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]

    * “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]

    7 Comments / / Feb 15, 2013 at 9:09 AM