Sequestration

  • Antonin Scalia, Biglaw, Constitutional Law, Deaths, Federal Judges, Guns / Firearms, Law Schools, Money, Morning Docket, Politics, SCOTUS, Supreme Court, Violence, Women's Issues

    Morning Docket: 09.17.13

    * The death toll of the latest mass shooting at the Navy Yard is 13 (including the gunman, military contractor Aaron Alexis), and people are rallying for stricter gun control laws before we’ve even had time to mourn. When will we ever learn? [New York Times]

    * Today is Constitution Day, and Justice Antonin Scalia would like to remind you to celebrate — except if you think it’s a living document. If that’s the case, you can just “[f]ugget about the Constitution,” because that thing is dead, baby. [Blog of Legal Times]

    * Please sir, we want some more! The Judiciary Conference has been forced to plea poverty to President Barack Obama due to its teeny tiny itsy bitsy post-sequestration budget. [National Law Journal (sub. req.)]

    * Congrats to Kimberley Leach Johnson, the first woman to climb to the very top of the ladder at Quarles & Brady. That makes her the only eighth woman currently leading a Biglaw firm. [WSJ Law Blog (sub. req.)]

    * And congrats to Matt Johnson, outgoing chief counsel to Senator John Cornyn (R-Texas), on his return to the private sector. He’ll be taking his talents to the lobbying firm, McBee Strategic Consulting. [The Hill]

    * From second career choices to no career choices: if you want to go to law school after working in another field, you should consider if it will help or hinder your applications. [Law Admissions Lowdown / U.S. News]

  • 2nd Circuit, Biglaw, Department of Justice, Education / Schools, Enron, Football, H. Rodgin Cohen, John Roberts, Law Schools, Media and Journalism, Money, Morning Docket, Police, State Judges

    Morning Docket: 08.20.13

    * Chief Justice John Roberts appointed Second Circuit Judge José A. Cabranes to the Foreign Intelligence Surveillance Court of Review. Roberts must be happy; few will criticize a moderate. [Washington Post]

    * The Department of Justice plans to hire Leslie Caldwell, Morgan Lewis partner and ex-Enron prosecutor, to fill Lanny Breuer’s shoes. Way to leak the news while she’s on vacation. [DealBook / New York Times]

    * Tell us again how sequestration isn’t having an impact on the judiciary. Private federal indigent defense attorneys are going to see their already modest rates slashed due to budget cuts. [National Law Journal]

    * Sixteen lawyers will receive the New York Law Journal’s Lifetime Achievement Award, and a list like this obviously wouldn’t be complete without the names of some of Biglaw’s best and brightest. Congrats, Rodge! [New York Law Journal]

    * Thomas D. Raffaele, the judge who was karate chopped in the throat by a police officer last summer, is now suing over his crushed larynx and similarly squashed constitutional rights. [Courthouse News Service]

    * Future gunners, unite! If you’re set on becoming a lawyer, there are things you can do to prepare your law school application, even as a college freshman. [Law Admissions Lowdown / U.S. News & World Report]

    * Here’s something to aspire to for the ongoing law school lawsuits: Career Education Corp., a system of for-profit colleges, will pay $10 million to settle a dispute over its inflated job statistics. [Wall Street Journal]

    * Penn State University is starting to issue settlement offers to young men who claim they were sexually abused at the hands of Jerry Sandusky, the school’s former assistant football coach. [Legal Intelligencer]

  • 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]

  • 4th Circuit, American Bar Association / ABA, Biglaw, Conferences / Symposia, Copyright, Federal Judges, Gay Marriage, Immigration, John Roberts, Morning Docket, Pornography, SCOTUS, Summer Associates, Supreme Court

    Morning Docket: 08.08.13

    * “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]

    * “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]

    * The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]

    * No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]

    * For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]

    * On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]

    * Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]

  • Abortion, Basketball, Copyright, Non-Sequiturs, Rape, Ruth Bader Ginsburg, Sports

    Non-Sequiturs: 07.24.13

    * J.J. Redick and his girlfriend had an abortion contract. I think you can get that model on LegalZoom. [Deadspin] * Justice Ginsburg was a looker as a college senior. [Huffington Post] * As discussed yesterday, the sequestration is doing a number on the federal defenders. Here’s a petition to save them. [PrawfsBlawg] * The police are enforcing Yelp reviews now? I guess Google is really pushing them. [Popehat] * After broadcasting offensive, fake names for the Asiana crash pilots, KTVU is trying to delete the evidence through copyright claims. [Mother Jones] * USC is the subject of a federal investigation for systematically failing to investigate rape allegations. “A DPS detective told one student that the campus police determined that no rape occurred in her case because her alleged assailant did not orgasm.” In fairness, you can’t feel anything with Trojans. Seriously though, when did USC become Dubai? [Jezebel] * Elie joined John Carney on CNBC’s Power Lunch to discuss the Khuzami hiring and the New Republic article about the fall of Biglaw. Video from CNBC after the jump…
  • Antonin Scalia, Bloomberg, D.C. Circuit, Death Penalty, FDA, Football, Gay, Gay Marriage, Insider Trading, Non-Sequiturs, Technology

    Non-Sequiturs: 07.23.13

    * The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy] * Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker] * Sequestration has put the pinch on the rights of indigent federal defendants to receive legal representation. But at least our airlines are shielded from hardship. [PrawfsBlawg] * “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today] * Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer] * Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN] * Bloomberg takes a look at the legal controversy brewing around unpaid internships. Video after the jump… [Bloomberg Law via YouTube]
  • Bar Exams, Biglaw, Gay, Gay Marriage, Intellectual Property, Non-Sequiturs, Patents, SCOTUS, Summer Associates, Supreme Court

    Non-Sequiturs: 06.27.13

    * A bleak, expressionist write-up of the bar exam experience. If you ever wondered what the subject of The Scream was doing right beforehand, it was apparently “taking the bar exam.” [Law of the Dead] * The traditional summer associate program model needs restructuring. Are you suggesting four-hour lunches are passé? Because… shame, sir, shame. [SSRN] * The sequester is slowing down the patent office. So now the irate patent attorney has something else to blame for not getting his client’s application approved. [Patently O] * As our tipster put it, this may be a statement against interest: Snowden once declared that traitors should be “shot in the balls.” [NY Post] * A breakdown of unconstitutional animus in U.S. v. Windsor. If the author could figure out Justice Kennedy’s train of thought all the way through, kudos! [Associate's Mind] * If you’re ever planning a graduation party, just don’t do this. [Legal Juice] * Examining the misappropriation of trade secrets on Earth-616, and whatever Earth the DC people are in these days. I gave up on them two Crises ago. [Law and the Multiverse] * Federal prosecutors may go after Long Island Power Authority for their poor response to Hurricane Sandy. [Breaking Energy] * And this recap of the Hollingsworth opinion concludes with a GIF that is sure to warm the hearts of many an ATL commenter. [Eff Yeah SCOTUS]
  • Sponsored

  • Animal Law, Barack Obama, Biglaw, Boalt Hall, Cocaine / Crack, D.C. Circuit, Death Penalty, Drugs, Eric Holder, Federal Judges, Gay, Media and Journalism, Morning Docket, Murder, Tax Law, Trials

    Morning Docket: 05.24.13

    * “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]

    * The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]

    * Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]

    * Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]

    * It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]

    * Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]

    * A third perpetrator emerged in the Berkeley bird beheading case, and he was just sentenced to two days in jail. Can you listen to BARBRI in a jail cell? I guess he’ll find out. [San Francisco Chronicle]

    * The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]

    * A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]

  • Affirmative Action, Biglaw, Deaths, Education / Schools, Law Schools, Morning Docket, Sandra Day O'Connor, SCOTUS, Sports, Stephen Breyer, Supreme Court

    Afternoon Docket: 04.29.13

    Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

    * Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

    * Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

    * “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

    * Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

    * George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

    * Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

  • Gay, Monica Lewinsky, Non-Sequiturs, Politics, Religion

    Non-Sequiturs: 04.03.13

    * Monica Lewinsky’s lawyer is checking out the big stained dress in the sky. William Ginsburg, RIP. [CNN] * Hoo boy, North Carolina is trying to opt out of the Constitution. As the article notes, they tried this in the 1860s and it didn’t work out so well. [Lowering the Bar] * New York state government gets another black eye with a couple of arrests for bribery. [Gothamist] * Judge Richard Cebull is retiring to spend more time on his racist rants. [Billings Gazette] * Obama is forfeiting $20,000 in solidarity with sequester victims. An excellent opportunity for right-wing hacks to complain about his vacations, as though Secret Service protection is supposed to be free. [Washington Examiner] * Ken Cuccinelli is running for governor in a state that voted for Obama twice. So, obviously, he’s making a public show of his fight to reinstate a law used to harass gay people. [Washington Blade] * Conrad Black, the media mogul who served three years in the federal pen, sits for an interview with California Lawyer magazine. Check it out (and earn California CLE credit). [California Lawyer]
  • American Bar Association / ABA, Attorney Misconduct, Crime, Crowell & Moring, Federal Government, Law Schools, LSAT, Money, Morning Docket, Texas

    Morning Docket: 03.21.13

    * The Senate approved a bill that will keep the government running through September, and it will likely pass in the House, but much of the sequester is still in place. I think we’re supposed to be excited about this. Uh… yay? [Wall Street Journal (sub. req.)]

    * Douglas Arnsten, the former Crowell & Moring associate who embezzled $10.7M in client funds and spent it at fancy restaurants and strip clubs, has been officially disbarred in New York. But he was just trying to support single moms. Sigh. [Am Law Daily]

    * Sorry, folks, but you’re going to have to continue taking the LSAT in order to get into law school because the ABA says so. Drop that $118 into the burgeoning money pit that is law school, stat! [National Law Journal]

    * For all of that work allegedly spent trying to protect their yield rate, UVA Law didn’t even make the Top 10 list of the most popular schools. You might be surprised at some of the schools here. [U.S. News & World Report]

    * You must remember that time when the University of Texas Law School Foundation authorized $5.5M in forgivable loans to faculty. Well, now the regents are calling for a probe. Yikes! [San Antonio Express-News]

Sponsored

  • Anthony Kennedy, Antitrust, BARBRI, Biglaw, Clarence Thomas, Fast Food, Food, Kids, Morning Docket, Movies, Partner Issues, SCOTUS, Stephen Breyer, Supreme Court

    Morning Docket: 03.15.13

    * “We are a teaching institution. We teach by not having television. We are judged by what we write.” Justices Kennedy and Breyer aren’t ready for their close-ups — they’re adamantly opposed to cameras in the courtroom. [Blog of Legal Times]

    * Another thing Justices Kennedy and Breyer are adamantly opposed to is the sequester. They say that these unnecessary budget cuts will hit the criminal justice system where it hurts: its already overflowing docket. [WSJ Law Blog (sub. req.)]

    * A liberal film critic took a shot at Justice Clarence Thomas by likening him to Samuel L. Jackson’s portrayal of the head house slave in Django Unchained. Methinks this is a RACEIST™ comparison, n’est–ce pas? [Reason Magazine]

    * Reed Smith has a new managing partner, Edward Estrada, who plans to “aggressively recruit laterals.” No relation to Erik Estrada, but if he gets a pair of those cool sunglasses, we approve. [New York Law Journal]

    * A better deal was reached in the BAR/BRI antitrust case. Say goodbye to the coupons, and hello to $9.5 million in cold hard cash… which means you’re going to get like $80 if you’re lucky. [National Law Journal]

    * “This is a very disgusting case.” Why yes, yes it is. A mother is suing because she claims her son ate a used condom off the floor of a McDonald’s play area. It’s doubtful that she approved of the special sauce. [Reuters]

  • Drugs, Law Professors, Law Schools, Lawyer Advertising, Non-Sequiturs, Politics

    Non-Sequiturs: 03.05.13

    * Legal advertising meets Godwin’s Law. [Lowering the Bar] * Carla Spivack of Oklahoma City University’s law school suggests rethinking the logic of statutes that prevent a killer from inheriting from their victims. Spivak argues that most of such killings involve escaping abusive situations and not a “child who kills a grandparent to hasten an inheritance.” Um, Spivak hasn’t watched enough Murder, She Wrote. [The Faculty Lounge] * “Would It Be Okay To Perform Surgery On Crack?” I’m not sure, but I’m a sporting fellow! Fetch me a scalpel and your finest rock! [Legal Juice] * Dunkin’ Donut’s employee used hot coffee to spoil a robbery while yelling “go run on Dunkin.’” Moral of the story: Next time rob Winchell’s. [NBC New York] * Bear Lawyer grapples with sequestration. I’m fairly certain the chalkboard behind him is a direct reproduction of a notepad Paul Ryan used. [Bear Lawyer, LLC] * Subway founder says regulations would prevent him from building his business today. “I had an easy time of it in the ’60s when I started.” Yes, it’s harder to cut costs with horse meat today, but you can still dare to dream. [Overlawyered] * Mila Kunis is the greatest interview ever, turning the whole thing around on a nervous interviewer. There are a couple important lessons here for litigators: (1) don't get too stuck to your script; and, (2) if you're going to let the witness take over the examination, just hope they're trying to help you. Video after the jump. [YouTube via BBC Radio 1]
  • Andrew Cuomo, B for Beauty, Biglaw, Department of Justice, FTC, Google / Search Engines, Law Schools, Morning Docket, New York Times, Patents, State Judges, Wall Street Journal

    Morning Docket: 01.04.13

    * The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]

    * “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]

    * According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]

    * Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]

    * When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]

    * Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]