- 7th Circuit, Document Review, Federalist Society, Gay, Gay Marriage, Harvard Law School, Non-Sequiturs, Richard Posner, SCOTUS, Supreme Court, Technology
* The Supreme Court opens the door, but just a crack, to prisoners seeking access to DNA evidence. [SCOTUSblog]
* The legal job market is getting better, right? Right? [Vault]
* Hall, J., dissenting — from the grave. [How Appealing]
* Harvard Law School is always ready for its close-up: first The Paper Chase, then Legally Blonde, and now The Five Hundred. [Deadline.com]
* Are computers better than attorneys at document review? Maybe — but they’re definitely more attractive. [Constitutional Daily]
* Protip for litigators: “Pull Your Pants Up Before Going to Court.” [Gothamist]
* Elsewhere in fashion news, a Seventh Circuit panel (Posner, J.) holds that it’s constitutionally protected to wear a t-shirt that says “Be Happy Not Gay” to your high school. But it’s still really… gay. [WSJ Law Blog]
* Litigation to advance a worthy cause (although it seems odd, in a “cart before the horse” sort of way, to file the press releases before the actual lawsuit). [The Snitch / SF Weekly]
* Congratulations to Professor Brian Fitzpatrick of Vanderbilt Law on receiving the 2011 Paul M. Bator Award (won previously by a long list of blawg celebrities, including M. Todd Henderson, Orin Kerr, Jonathan Adler, Eugene Volokh, and Randy Barnett). [Federalist Society]
When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
Predictably, I used to play Dungeons & Dragons in high school. Just as predictably, I didn’t lose my virginity until I stopped. It’s an established fact that Dungeons & Dragons is a bigger threat to human reproduction than all the gay marriages in the world.
But I did not know until this day that D&D could also pose a security risk. A Wisconsin prisoner, Kevin T. Singer, sued Wisconsin’s Waupun Correctional Institution after the guards confiscated his D&D materials.
Why did the prison guards take away this guy’s D&D paraphernalia? I’ll let Judge John Tinder of the Seventh Circuit explain:
Waupun’s long-serving Disruptive Group Coordinator, Captain Bruce Muraski, received an anonymous letter from an inmate. The letter expressed concern that Singer and three other inmates were forming a D&D gang and were trying to recruit others to join by passing around their D&D publications and touting the “rush” they got from playing the game. Muraski, Waupun’s expert on gang activity, decided to heed the letter’s advice and “check into this gang before it gets out of hand.”
A gang? A gang that needs to be checked? I’ve never been to prison, but I have watched Oz. I’m forced to believe one of two things: (a) any D&D “gang” member would find themselves tossing salads faster than you can say “saving throw against horrific prison justice … fails,” or (b) if you could beat up the D&D kids in your high school, then you can go to Wisconsin, commit violent crimes with impunity, get sent to prison and live like a God.
Singer sued the prison for violating his First Amendment rights. The district court ruled for the correctional facility on summary judgment, and the Seventh Circuit affirmed.
Does that mean we get to hear the Seventh Circuit argue that D&D is gang-like? Yes it does. Will that be hilarious? More fun than hacking through an encampment of goblins with a dwarven ax of immolation….