Shira A. Scheindlin

Judge Richard KopfNine days ago, Judge Richard Kopf wrote an article about the Supreme Court’s decision in Hobby Lobby that suggested, “[a]s the kids say, it is time for the Court to stfu.” It was a good post, but something that seemed of such little controversy that we relegated it to an in-blurb mention within Non-Sequiturs.

And then all manner of shock and hand-wringing commenced.

It’s not the first time a federal judge received criticism for speaking out. Are jurists like Judge Kopf out of control?

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* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]

* Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]

* Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]

* The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]

* Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]

* Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]

* Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today]

* In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump…

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* I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn't Notice]

* And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer]

* Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker]

* IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal]

* Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com]

* Will the Ninth Circuit follow up its oral benchslap with a written one? One professor doubts it. [Volokh Conspiracy]


Do you really think you can bother this woman and not get cut?

* The trial of a Utah doctor accused of murdering his wife-to-be with a mistress 20 years his junior has kicked off a battle of medical experts trying to guide the jury through the competing theories about the cause of death. See, this was all easier when you could just introduce a new sister wife into the equation. [The Expert Institute]

* Is it acceptable to interrupt Justice Ginsburg’s dinner to show her something on your phone? [Slate (second item)]

* Case against Iowa law school for barring a student training a service dog will go forward. They should have just been happy it wasn’t a llama. [Des Moines Register]

* This week in clever footnoting: citing The Chairman of the Board in Footnote 2 (page 17). [U.S. Court of Appeals for the Second Circuit]

* Professor Eric Posner reviews Professor Rahul Sagar’s new book, Secrets and Leaks (affiliate link), which posits that people may be overreacting when they call for tearing down the NSA. [The New Republic]

* Jay Edelson and his associate Chandler Givens explain why the billable hour is the first thing that must go. Don’t they mean “Reason Number 1″ to reform the legal profession? [Reuters Legal Solutions]

* Judge Scheindlin is lawyering up, and Bloomberg looks at the various legal experts — including our own David Lat — who have spoken out about the case. Video embedded after the jump… [Bloomberg Law via You Tube]

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Judge Shira Scheindlin is no Jonathan Martin. When the Second Circuit bullied her off the stop-and-frisk case, she didn’t run crying to her parents. Instead, she’s standing up to the Second Circuit, appealing its ruling that she was improperly biased. She notes that the Second Circuit kicked her off the case sua sponte, without giving her any opportunity to defend or explain herself.

It’s funny… Scheindlin is basically arguing that she got stop-and-frisked by the appellate court. She was walking along, judging her own business, but the Second Circuit jumped to conclusions based on her appearance.

Unfortunately, in my experience, telling the people who stop-and-frisked you that they jumped to a conclusion without probable cause usually doesn’t go well…

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Martin Lipton?

* 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]

[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

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The NYPD really loves its stop and frisk policy. The prospect of randomly stopping exclusively minorities a random selection of New Yorkers really excites the department. And why not? The practice has done wonders to prevent crime in the city. Well, if you define “crime” as pot possession. Because the policy hasn’t accomplished much of anything else.

Now the constitutionality of the policy is in jeopardy, awaiting a decision from Judge Shira “Don’t Call Me Judy” Scheindlin, the judge the City decided to embarrass by commissioning a report accusing her of bias because the City is incredibly stupid.

When and if (OK, “when”) Judge Scheindlin strikes down the current iteration of the policy, Eric Holder has a suggestion for how to remedy the violation. And Mayor Mike Bloomberg is none too pleased…

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* What Dewey know about this failed firm’s bankruptcy case? According to Judge Glenn’s latest order, it seems like D&L’s Chapter 11 plan is on track for confirmation in late February, unless there are objections, of course. [Am Law Daily (sub. req.)]

* The Law School Admission Council is suing California because the state’s legislature banned the practice of alerting schools when applicants had extra time to complete the LSAT. How lovely that LSAC values the ability to discriminate. [National Law Journal]

* “It’s not like we let anybody in the door. We don’t.” Apparently Cooley Law’s new Florida campus has very stringent admissions standards. Oh really? What else is required, aside from a pulse? [Tampa Tribune]

* It’s now too constitutionally risky for cops to get all frisky: a federal judge ordered that the NYPD cease its stock-and-frisk trespass stops without reasonable suspicion of actual trespass. [New York Law Journal]

* Tamara Brady, the lawyer for the accused shooter in the Aurora movie theater massacre, is setting the stage for her client’s diminished capacity defense — because even the mentally ill can buy guns. [Bloomberg]

* Pfc. Bradley Manning of WikiLeaks infamy will receive a reduced sentence if he’s convicted due to his illegal pretrial punishment, like being forced to sleep in the nude. A true hero! [Nation Now / Los Angeles Times]

Today, playing the role of the scary black man, Jay-Z.

In a perfect dose of Friday news, a New York judge cited Jay-Z while allowing a lawsuit brought by public housing residents to continue against the City of New York.

The public housing residents and their visitors claim Fourth Amendment violations when visitors are detained as “trespassers” in public housing complexes. The city moved to kill the suit, but Judge Shira Scheindlin (S.D.N.Y. issued an 84-page opinion saying that the public housing residents could pursue their claims.

Normally, I throw my lot in with the segment of humanity who would rather be eating Brussels sprouts at a Phil Collins concert than reading 84-page public housing decisions. But Judge Scheindlin threw a Jay-Z reference into one of her footnotes. Fun! Unless you hate black people, in which case Judge Scheindlin is deeply subversive…

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