Shira Scheindlin

  • 2nd Circuit, Fashion, Jury Duty, Law Schools, Non-Sequiturs, Sexual Harassment, Shira Scheindlin, Student Loans, Technology

    Non-Sequiturs: 11.26.13

    * 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… This came to us courtesy of a 2L at a T14 law school who asked to remain anonymous (click for a larger version of the image):
  • 9th Circuit, Alex Kozinski, Benchslaps, Facebook, Fashion, Law Schools, LSAT, Non-Sequiturs, Shira Scheindlin

    Non-Sequiturs: 11.13.13

    * 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]
  • 2nd Circuit, Billable Hours, Non-Sequiturs, Privacy, Ruth Bader Ginsburg, Shira Scheindlin, Supreme Court

    Non-Sequiturs: 11.07.13

    * 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]
  • 2nd Circuit, Antitrust, Antonin Scalia, Biglaw, Department of Justice, Drugs, Federal Judges, Labor / Employment, Morning Docket, Politics, Religion, SCOTUS, Shira Scheindlin, Supreme Court, Trials

    Morning Docket: 11.07.13

    * “What about devil worshippers?” Justice Scalia may think Satan’s gotten “wilier,” but that doesn’t mean his supporters don’t deserve religious representation in their public meetings. [WSJ Law Blog]

    * Speaker of the House John Boehner says that if the Employment Non-Discrimination Act passes, tons of lawsuits will be filed — except that hasn’t happened in states with similar laws. Oopsie… [Reuters]

    * Judge Shira Scheindlin isn’t going to just sit there and allow herself to be kicked off the stop and frisk case. In a rare move, she asked the Second Circuit to reverse its ruling and reinstate her. Go girl! [Reuters]

    * Quinn Emanuel is welcoming a frequent firm-hopper (from Sidley to Clifford Chance to Cleary Gottlieb) into its ranks in D.C. to join Weil defectors Mike Lyle and Eric Lyttle. Best of luck! [Am Law Daily]

    * Gibson Dunn scooped up Scott Hammond, a longtime leaders of the Department of Justice’s Antitrust Division. Query just how large the dangling carrot at the end of the firm’s stick was. [Blog of Legal Times]

    * Till death or criminal charges do we part: troubled lawyer Kent Easter claims he didn’t have the backbone to stand up to his wife. He blames the entire drug-planting scandal on her. [L.A. Now / Los Angeles Times]

  • 2nd Circuit, 7th Circuit, American Bar Association / ABA, Biglaw, Drugs, Federal Judges, Gay, Health Care / Medicine, Job Searches, Marijuana, Morning Docket, Richard Posner, Shira Scheindlin, Unemployment

    Morning Docket: 11.04.13

    * Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]

    * After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]

    * Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]

    * The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]

    * “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]

    * Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]

  • 2nd Circuit, Fashion, Intellectual Property, Loyola Law School, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Shira Scheindlin, Supreme Court, Trademarks

    Non-Sequiturs: 11.01.13

    * In 1967, Hunter S. Thompson explored the wild and crazy world of the Hell’s Angels. In 2008, FX premiered Sons of Anarchy. In 2013, the Hell’s Angels are filing intellectual property suits. Hard. F**king. Core. [Houston Chronicle] * Who’s your favorite Disney princess? I’d say RBG. [Women You Should Know] * Some folks are scared that recent FERC settlements are too aggressive and could “unravel the entire power market.” That’s either hyperbole or the scariest thing in the universe ever. [Breaking Energy] Loyola Law School started a fashion law program to serve this burgeoning industry. Pretty interesting stuff. And if you want to meet Staci Riordan, the woman responsible for setting up this program, join our Staci Zaretsky in L.A. on November 12, when she hosts a panel of fashion law experts including Riordan . It’s dueling Stacis! [Fashionista] * The discriminating woman’s guide to buying pearls. I figured y’all just pulled identical necklaces out of a drawer like Marge Simpson. [Corporette] * In cases of sex abuse, the expert witness is incredibly important. [The Expert Institute] * Here’s a look at what may be next for Judge Scheindlin, who gave interviews revealing her bias because she said stuff like the government is not entitled to deference and should be forced to make its case. Oh my God, IMPEACH!!! [Ramblings on Appeal] * Speaking of Judge Scheindlin, Elie was on HuffPo Live today discussing the ruling. Video embedded after the jump (around 11:08)….
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  • 2nd Circuit, Arthur Miller, Copyright, D.C. Circuit, Joe Biden, Non-Sequiturs, Politics, Shira Scheindlin, Supreme Court

    Non-Sequiturs: 10.31.13

    * The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts] * Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer] * Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post] * Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button] * Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist] * The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O] * Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post] * NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…
  • 2nd Circuit, Bankruptcy, Biglaw, Department of Justice, Dewey & LeBoeuf, Lateral Moves, Law Professors, Morning Docket, Partner Issues, Police, Shira Scheindlin, Texas

    Morning Docket: 09.18.13

    * As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]

    * Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]

    * Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]

    * Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]

    * Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]

  • Associate Advice, Banking Law, Biglaw, Email Scandals, Law School Deans, Law Schools, listserv, Minority Issues, Morning Docket, Racism, Shira Scheindlin, Women's Issues

    Morning Docket: 08.29.13

    * Is Justice Ginsburg, our favorite judicial diva, foiling her own jurisprudential legacy by refusing to retire from the Supreme Court before another president takes office? [Daily Beast]

    * Year-over-year, there’s been a double-digit drop in demand for legal services, so now is a great time to start speculating about which firm will be the next to conduct layoffs. [Am Law Daily]

    * Don’t despair, the results of the Am Law Midlevel Survey are out, and associates are more satisfied than ever — except for the women. They’re “leaning out,” so to speak. [Am Law Daily]

    * New York City (d/b/a Mayor Michael Bloomberg) wants Judge Shira Scheindlin to stay her stop-and-frisk rulings pending appeal, because racial profiling is an effective crime fighting tool. [New York Law Journal]

    * If you want to know why law school is three years long instead of two, it’s because back in the day, the T14s of the world were convinced it’d “stop the proles from sullying the image of the bar.” [The Economist]

    * In an effort to keep law school deans’ listserv drama and email scandals to a minimum, the American Bar Association just doled out some rules to keep their ivory tower talk in check. [WSJ Law Blog (sub. req.)]

    * “[I]f I die because of this, my life will have been worthwhile.” The HSBC whistleblower is willing to face death to talk about big banks’ alleged money laundering — and to see Marni Halasa. [Huffington Post]

  • D.C. Circuit, Department of Justice, Janice Rogers Brown, Law Schools, Non-Sequiturs, Privacy, S.D.N.Y., Technology, White-Collar Crime, Women's Issues

    Non-Sequiturs: 08.26.13

    * DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar] * Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times] * The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy] * The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium] * In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex] * Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More] * BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part…
  • 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]

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  • 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]

  • Guns / Firearms, Law Schools, Movies, Non-Sequiturs, Police, Religion, Tax Law

    Non-Sequiturs: 06.18.13

    * As we noted last week (third item), Judge Rosenbaum recognized that the government was bound to have phone records of the defendant since they were dragnetting the whole friggin’ country. Now the government has responded and predictably claims that this is all classified. [Southern District of Florida Blog] * Speaking of follow-ups, remember how NYU Law was using non-profit slush funds to pay for housing for professors? Well, they also provided sweetheart loans for summer houses. [New York Times] * The battle rages over the admissibility of audio expert witness testimony in the George Zimmerman trial. At least Howard Greenberg isn’t going to be there to call them all whores. [The Expert Institute] * With the NYPD’s “stop and frisk” policy about to get smacked down in federal court, it’s important to remember there’s nothing wrong with “stop and frisk” — just every single way that it’s been applied for over a decade. [Vocativ] * For our law professor readers, cognitive psychology says you get more fair results if you grade exams by question rather than grading the whole exam at once. It also means you’re not as likely to find 15 whole exams missing and fail to grade one student’s exam for weeks on end (in fairness, I ran into Professor Winkler and he assures me he eventually graded that exam). [Concurring Opinions] * Communications between Superman and a minister in Man of Steel would likely be shielded by Kansas law. A better question is what law are we going to use to prosecute Superman for wontonly demolishing a city? [The Legal Geeks] * If you’re living the Bitcoin lifestyle, you’re probably about to get taxed. [TaxProf Blog]
  • Barack Obama, Basketball, Death Penalty, Non-Sequiturs, Police, Shira Scheindlin, Sports, United Kingdom / Great Britain

    Non-Sequiturs: 05.15.13

    * New York Mayor Michael Bloomberg commissioned a report on SDNY Judge Shira Scheindlin in advance of her ruling on the NYPD’s controversial “hey, you’re black, come get a pat down” “stop-and-frisk” policy. According to the report, Judge Scheindlin is biased because she ruled against the NYPD in search and seizure cases 60% of the time. An alternative read is that the NYPD is really bad at following the Constitution. Occam’s Razor strikes again. [New York Daily News] * STRIKE!: Legal Services NYC walked off the job this morning after rejecting new contract offers. [New York Law Journal] * Pentagon Papers lawyer James C. Goodale thinks President Obama, whose administration seized phone records of journos, is worse than President Nixon, who tried to charge the New York Times for conspiracy to commit espionage. Because hyperbole is the awesomest thing in the world! [New York Observer] * A surplus of lawyers over law jobs exists in every state, and for most states the surplus has grown. I’m sure third-party litigation financing will solve all of this though. [Am Law Daily] * Tennessee law grad and judicial affairs director fired amid allegations she hooked up with Tennessee basketball player Trae Golden. [MStars News] * After revelations earlier that Arkansas wasn’t “buying American” and instead getting its death penalty drugs from the UK, the pharmaceutical company announced it would cut off the supply, joining a number of drug companies that are practically slowing executions around the country by limiting supply. [YubaNet] * After the post, check out the Biglaw firm using 4square way too much…
  • Bankruptcy, Biglaw, California, Constitutional Law, Dewey & LeBoeuf, Disability Law, Federal Judges, Guns / Firearms, Law Schools, LSAT, Military / Military Law, Morning Docket, Shira Scheindlin

    Morning Docket: 01.09.13

    * 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]