Sentencing
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Morning Docket
Morning Docket: 04.04.23
* Report says Biglaw firms are more enthusiastic about merging this year. Shearman’s wondering why y’all got to go rubbing salt on it. [Reuters]
* Goldman Sachs estimates that AI will replace 44 percent of legal tasks. Nice try, Goldman. You’re not getting a 44 percent discount on those bills. [Legaltech News]
* The court system is a little closer to keeping judges from magically transforming acquittals into prison time. [Bloomberg Law News]
* TIL they tried to impose a salary cap on esports players, but the federal government intervened. Not sure this is the urgent antitrust action we were all waiting for, but you do you. [Law360]
* Not entirely surprising, but the financial jitters slowing big deal work have prompted more mid-sized deals and consequently more work for the Am Law second 50. It’s good to dominate the wading pool when everyone’s scared of the waves. [American Lawyer]
* Apparently Gwyneth Paltrow’s lawyer is an internet sensation. [Yahoo]
* Former aide to the governor of Maryland accused of corruption died in “agent-involved shooting” which is the awkward passive phrasing of “shot by the FBI.” Further details about how it came to that aren’t out yet. [NPR]
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Morning Docket
Morning Docket: 03.10.23
* NY prosecutors signal that Donald Trump is about to be indicted. It’s probably a misdemeanor for falsifying records to bribe Stormy Daniels into silence, but it’s something. [Huffington Post]
* Speaking of bribery, the trial of the Fox executives accused of bribing soccer officials results in split verdict. The only proper result for a case about a sport that drags on forever and ends in a draw. [Courthouse News Service]
* Alex Murdaugh is appealing his conviction based on… well, the filing doesn’t say but I’m sure those crazy kids will come up with something. [The Hill]
* Brett Favre’s lawyer says his defamation claims against commentators addressing the Mississippi welfare scandal are a “slam dunk.” Which is the wrong sport. [Awful Announcing]
* DoNotPay hit with class action lawsuit. Maybe the algorithm can defend them here! If the company is willing to bet a million on its ability to win a SCOTUS case, it can surely do this pro se. [CBS News]
* DOJ opposing efforts to keep judges from enhancing sentences for minor crime convictions based on allegations where the jury acquitted. See, this is a reason to be furious with Merrick Garland. [Reuters]
* Do you still use paper business cards? Should you upgrade to one of the objectively cooler options out there or are you too much of an American Psycho fan to give up paper? [Daily Business Review]
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Courts
Man Can't Be Sentenced To Additional 6 Years In Jail For Calling Judge A 'Racist A$$ B*tch'
Cursing at a judge not actual crime.
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Crime
Paul Manafort Gets 7.5 Years, Which Is Fine. It's Fine.
All in, Paul Manafort is going to jail for a while, which is as good as it gets. -
Non-Sequiturs
Non Sequiturs: 03.10.19
* “I Thought I Could Be A Christian And Constitutionalist At Yale Law School. I Was Wrong.” So writes Aaron Haviland, a 3L at Yale Law School. [The Federalist]
* But if you can survive YLS as a conservative, you might thrive in the world beyond — just ask Senator Josh Hawley (R-Mo.), who’s now a powerful voice on judicial nominations. [Bench Memos / National Review]
* How often does the Notorious RBG see a brief citing the Notorious BIG? Check out this fun read, filed in the Supreme Court on behalf of a constellation of hip-hop stars represented by Alex Spiro and Ellyde Thompson of Quinn Emanuel. [Supreme Court of the United States via New York Times]
* Yes, I’ve been on a hiatus from Twitter — and maybe I’m on to something, if you agree with Stephen Cooper. [Spectator]
* “For your information,” Georgia trial judges, “the Supreme Court has roundly rejected prior restraint.” [Volokh Conspiracy / Reason]
* Retired Judge Nancy Gertner (D. Mass.) believes that U.S. sentencing needs reform — but Paul Manafort’s case is far from the ideal vehicle for it. [Washington Post]
* Congratulations to Fastcase on its latest alliance, this time with credit-reporting giant TransUnion. [Dewey B Strategic]
* And congrats to Neota Logic on its new Dashboard feature, which sounds nifty. [Artificial Lawyer]
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Non-Sequiturs
Non Sequiturs: 01.06.19
* It’s baaack: partisan gerrymandering returns to the Supreme Court — and in the view of veteran SCOTUS watcher Amy Howe, it’s unlikely that the justices will duck the merits this time around. [SCOTUSblog]
* Article III standing and the Stored Communications Act: Orin Kerr argues that it should be viewed through the lens of property rather than privacy. [Volokh Conspiracy / Reason]
* Carrie Severino calls out Senate Democrats for their persistent — and in her view, unjustified — questioning of judicial nominees about their religious views and affiliations. [Bench Memos / National Review]
* Joel Cohen identifies an interesting issue: should a defendant prejudiced by government misconduct in a case receive a break at sentencing? [Law & Crime]
* Here are some highlights from Chief Justice John Roberts’s year-end report on the federal judiciary, courtesy of Howard Wasserman. [PrawfsBlawg]
* The new year is a time of beginnings — and endings. Concurring Opinions, you will be missed. [Concurring Opinions]
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Sentencing Law, Videos
Lawyers Are Getting Their Clients' Sentences Reduced By Showing Judges Short Documentaries
But are these films turning courts of law into theaters of law? -
Department of Justice, Federal Judges
Judge Speaks Out About DOJ Injustices
The DOJ isn't budging on mandatory minimums and one district judge explains why that's troubling. -
Crime, Sentencing Law
The Ultimate Stupidity Of Mandatory Sentencing
The only industry that will benefit from this cookie-cutter, throw-back approach is the prison industry. -
Pro Bono, Public Interest
For Giving Families Hope During The Holidays, Brittany Byrd Is My Inspirational Attorney Of The Year
It's high time to question our current system and government sentencing policies. -
Sentencing Law, White-Collar Crime
The Challenges Of White-Collar Sentencing
Balance is critical in making your case at sentencing.
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Banking Law
After Years Of Thinking It Over, The Irish Are Going To Jail Some Bankers
Turns out there are consequences for playing “Weekend at Bernie’s” with the Celtic Tiger. -
White-Collar Crime
Was Brock Turner's Sentence Too Lenient?
The severity of Brock Turner's sentence depends on just how much you take into account. -
Death Penalty, SCOTUS, Supreme Court
Securing The Death Penalty Is Part Of Obama's Legacy
Has Obama nominated three "pro-death" justices? -
Benchslaps
Federal Judge Reamed For Ex Parte Witness Prep
"When the discussion starts with the Code of Conduct for United States Judges, you know it's going to be good." -
Non-Sequiturs
Non-Sequiturs: 05.19.16
* An analysis of Judge Garland’s rulings on the D.C. Circuit — what type of judge he is, who has he been historically, and what he might be like as a Supreme Court justice. [Empirical SCOTUS]
* Ex-Skadden lawyer Charles Bennett, who pled guilty to running a Ponzi scheme, got sentenced to 5 years in prison. [Law360]
* Some of the most damning evidence in the lawsuit against Rolling Stone over its (since retracted) UVA rape story may be a law firm’s involvement. [Gawker]
* Super. One of Donald Trump’s delegates was just indicted on child porn and weapons charges. I’m fascinated to know how that will lead to a bump in Trump’s polling numbers. [Law Newz]
* This criminal defense attorney actually enjoys his job. I thought a lawyer that was fulfilled by their job existed only on TV. Nicely done, sir. [Katz on Justice]
* Securities lawyer is getting two years in jail for tax evasion. You should really know better, dude. [Daily Business Review]
* An attorney faced disciplinary action for letting her deadbeat boyfriend do illegal s**t in her basement. [Legal Profession Blog]
* A cool opportunity in legal journalism: full-time editor of SCOTUSblog. [SCOTUSblog]
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White-Collar Crime
Dennis Hastert: A Response To Some Emails
Hastert would not have been prosecuted by the United States Department of Justice if he were simply another old retired wrestling coach with a bad past. -
Biglaw, White-Collar Crime
Transaction Gone Bad: A Deal Lawyer Gets Sentenced To Prison
This former Biglaw counsel is going to prison, although not for a huge amount of time (as prison sentences go).