Stop and Frisk

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* The Phoenix Coyotes plan to change their name to the Arizona Coyotes. They probably should have looked into whether or not someone had trademarked “Arizona Coyotes.” I don’t care about their name as long as they go back to their awesome original sweaters. [The Legal Blitz]

* As expected, Mayor Bill De Blasio has dropped New York City’s appeal of the stop-and-frisk case. [New York Times]

* As we discussed this morning, Eric Holder had to make a decision on whether or not to pursue the death penalty in the Boston Bomber case. Well, he made it. [CNN]

* No, getting mocked on late night TV is not the same as torture or the mass extermination of human beings. [Popehat]

* What happens when 16 children’s book characters are sent to court? [Visual.ly]

* Here are 5 quick tips to employ when preparing for the bar exam. [BigLaw Rebel]

* Prosecutors aren’t all out to get your client. You need to read the signals to figure out when they’re willing to help. [Katz Justice]

* Unlocking your phone is still a crime. It’s almost as though Congress was deliberately obstructionist on every issue for a whole year. Weird. [Politix]

* Ever wonder how to make the transition from law school to journalist? Here’s one answer from across the pond. [Legal Cheek]

Edward Snowden

* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?'” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

* Friendly reminder: All your holiday card competition submissions are due at the end of the day Monday! [Above the Law]

* Congratulations to Georgetown’s Nina Pillard on her confirmation to the D.C. Circuit. That whole “no filibuster” thing is really working out for the Democrats. For now. [Georgetown Law]

* The daily trials and travails of a law grad working retail. Some day the aisles run red with the blood of the supporters of Barbara from the men’s cologne counter. [Law Grad Working Retail]

* What if lawyers created some of the greatest ads in history? Missing: “Avis: We Try Harder” vs. “Avis.” [Vice]

* An interview with a whistleblower. What happened to the man who exposed the NYPD’s practice of creating quotas for summonses and arrests? [Colorlines]

* Mark Herrmann talks about his prosopagnosia. [New York Times]

* Robbery suspect explains that the crime was committed by his alternate personality that takes over against the suspect’s will. Looks like Killer BOB is on the loose and committing crimes in Wisconsin! [Stevens Point Journal]

* We’ve discussed the chimp case, but the real question is how will this all affect Superman. [Law and the Multiverse]


* Florida State QB Jameis Winston was not charged with sexual assault after a nearly year-long investigation (well, it happened a year ago… it sounds like no one did much investigating at that time). What comes next? I mean aside from FSU demolishing their next two opponents. [Sports Illustrated]

* Sadly, former South African president and civil rights leader Nelson Mandela has passed away. University of Maryland Law School, go ahead and let the world know… again. [CNN]

* America’s probably unstable, definitely troubled sweetheart Amanda Bynes is coming closer and closer to a plea deal over her infamous bong toss. [New York Post]

* A lawyer-turned-candidate provides the optimist’s guide to running for office. For the pessimist’s guide see John McCain’s, “Jesus, I Picked Who?” [Huffington Post]

* Next week, the Court will hear argument on EPA v. EME Homer City Generation. This is why you should care. [Constitutional Accountability Center]

* People are super mad about the NYPD’s new “Stop and Kiss” program. The program only exists in The Onion, but that doesn’t stop most people from making unsolicited, snap decisions that no one asked them to make. At press, the Second Circuit had already preemptively barred Judge Shira Scheindlin from hearing any case on the fictional program. [Gawker]

* Speaking of the NYPD, Mayor-Elect Bill De Blasio, who ran on a platform of reforming the NYPD, has named a new police commissioner and selected… one of Giuliani’s old police commissioners. Way to go, champ! Seriously, there are law enforcement professionals out there capable of running the NYPD beyond the last couple guys who ran it. This is like buying a marquee NFL team and saying, “I hear Norv Turner is available.” [Salon]

* Professor David E. Bernstein contributed an essay on the Lochner decision to the new book Toward an American Conservatism: Constitutional Conservatism during the Progressive Era (affiliate link). [The Volokh Conspiracy]

* An interview with this Yale Law beatboxer. Did we mention he’s a bald Jewish kid? Well, he is. [JTA]

* David and Elie talked to Bloomberg about bonuses. Video embedded after the jump…

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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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Scalia’s buddy?

* “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 leader 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]

[F]ederal trial judges know their place. We are the TTT of the federal judiciary. When the Circuit tells us to jump, we do so even if we don’t much like it. But, in return, we expect only one thing: no cheap shots.

– Judge Richard G. Kopf, offering some criticism of the Second Circuit’s recent decision to remove Judge Shira Scheindlin from the stop-and-frisk cases.

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