Supreme Court
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Law Schools, Litigators, SCOTUS, Supreme Court
3 Lessons Learned From Litigating A Landmark Case
Paul, Weiss partner Roberta Kaplan reflects on the history-making case of United States v. Windsor. -
Morning Docket
Morning Docket: 05.16.17
* Was your firm disabled by a cyberattack? Probably not if you’re still reading this. [Am Law Daily]
* All these “classified intelligence” headlines miss the point. It’s not like Trump told them the nuclear codes or anything — he warned them about a possible terror plot. The problem is that haphazard handling of secrets could mess up future intelligence gathering and put sources at risk. And, of course, that Trump’s going to address a burgeoning national security scandal on Twitter. [Courthouse News Service]
* If you think movie theaters are a racket, well, the Department of Justice thinks that’s worth looking into. [Law.com]
* Dean Erwin Chemerinsky explains why firing James Comey didn’t spark a constitutional crisis — but that’s about the only good thing he has to say about the administration. [Newsweek]
* German law enforcement’s search of local Jones Day offices was legal. VW plans to turbocharge an appeal. [Reuters]
* This may come as a shock, but Arizona Summit Law School isn’t doing well. [Arizona Central]
* Conan has to go to trial on joke theft allegations. [New York Times]
* What to know about the Supreme Court’s latest arbitration decision. Besides “y’all are screwed,” of course. [Law360]
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Non-Sequiturs
Non-Sequiturs: 05.15.17
* On the one hand, Trump men seem to have an unhealthy relationship with their daughters. On the other hand, celebrating your daughter’s sexuality is a thing that’s kind of progressive. [BBC]
* Neil Gorsuch will likely recuse himself from this burping case if it comes to the Supreme Court. Which is too bad, because his 10th Circuit dissent in the underlying case seems exactly right. [NPR]
* It’s always fun when Uber loses in court. [Forbes]
* The ACLU is going to fight Donald Trump every day. [ACLU]
* I have an opinion on masturbation as speech… I’m just going to keep it to myself. [Popehat]
* All those U.S. Senators who confirmed Jeff Sessions should be forced to answer for his actions now. [The Root]
* “Trump revealed highly classified information to Russian foreign minister and ambassador” — Headline, Washington Post. I mean, of course he did. Nobody is surprised. Nobody will stop him. [Washington Post]
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Events, Sponsored Content
Join Us In San Francisco For Our 'Better Know A Circuit' Event
Request your RSVP now. -
Election Law, Justice, Supreme Court
The Supreme Court Begs For A Case That Will Allow Them To Restrict Voting Rights
Minorities who want to vote are not safe from the Supreme Court yet. -
Non-Sequiturs: 05.09.17
* Wanda Sykes’s is a big fan of Sally Yates. Wanda Sykes is all of us. [Jezebel]
* If this happens I will be gladly paying my New York State income taxes from now on. [Salon]
* No, Tiffany Trump cannot take (most of) these classes next year because, you know, she’ll be a 1L. [Slate]
* Some of these people are making it a habit to argue in front of SCOTUS. [Empirical SCOTUS]
* JDs don’t have the same power as MBAs. [Law and More]
* It’s like it never even happened. [The Root]
* Sure, this they’ll prepare for. Health-care reform? Not so much. [The Hill]
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Law Schools, Politics, SCOTUS, Supreme Court
Supreme Court Shortlister Turned General Counsel Calls Out The Court (Plus Presidents And Congress Too)
Controversial comments from a leading judge turned general counsel. -
Non-Sequiturs
Non-Sequiturs: 05.05.17
* What does Biglaw firm Cozen O’Connor share in common with Brooklyn hipsters? [Philadelphia Business Journal]
* Glenn Reynolds offers concise commentary on Comey. [Instapundit]
* “Kozinski, circuit judge, ruminating” — yeah, you know you want to click…. [Volokh Conspiracy]
* Professor Ann Althouse does not “like” punishing high school students for their Facebook activity. [Althouse]
* And Professor Orly Lobel questions the use of noncompetes, especially in terms of low-wage workers and women. [New York Times via PrawfsBlawg]
* How many Jewish justices have we had in Supreme Court history? [U.S. National Archives via How Appealing]
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Health Care / Medicine, Supreme Court
Anthem Asks SCOTUS To Review Cigna Deal
Just when everyone thought the Anthem-Cigna merger had been put to rest, Anthem brought it back to light. -
Politics
'Fake Law': The Latest Effort To Delegitimize The Judiciary And The Constitution
Law professor's rant weaponizes a troubling trend. -
Morning Docket
Morning Docket: 05.05.17
* A Magic Circle firm sees two New York banking partners disappear. [Big Law Business]
* A Biglaw partner cuts a deal with the SEC over allegations that he acted as a conduit for improper campaign donations, paying $95,000 and admitting no wrongdoing. [ABA Journal]
* Being general counsel of Uber is a fascinating job because the company constantly confronts legal and regulatory issues — the latest being a Justice Department probe into its “Greyball” software tool. [New York Times]
* An interesting interview by Casey Sullivan of Hogan Lovells partner Neal Katyal, now tied with Thurgood Marshall as the minority lawyer with the most Supreme Court arguments. [Big Law Business via How Appealing]
* A preview of next week’s argument in the Trump travel ban case before the en banc Fourth Circuit (down a member because Judge J. Harvie Wilkinson is the father-in-law of acting solicitor general Jeffrey Wall, who’s arguing the case). [Law.com]
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Donald Trump, Supreme Court
Trump Gladly Takes Credit For Every 5-4 SCOTUS Split For The Next Four Decades
Donald Trump may have fundamentally changed American history.
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Non-Sequiturs
Non-Sequiturs: 05.02.17
* A look at how behavior on the Court has changed since Justice Gorsuch’s began serving. [Empirical SCOTUS] * Is General Counsel Dianne Brandi likely to be the next head to roll of Fox News? [Law and More] * We’ve all seen the local news and after school specials — cyberbullying is a real phenomenon. […]
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Morning Docket
Morning Docket: 05.02.17
* Fewer than 18 percent of federal appeals have oral arguments because federal judges think your argument is just as dumb as the rest of us. [Law.com]
* Mark Geragos files $100 million lawsuit against Ja Rule and the other organizers of Fyre Festival because rich people can’t be forced to live like poors without consequences. [Variety]
* Former Acting Solicitor General Ian Gershengorn says, “I feel like I am standing on the shoulders of giants,” which is just a tad sly considering he’s returning to the firm he worked at for 12 years. [National Law Journal]
* Speaking of the exodus to the private sector, the “Government to Debevoise Pipeline” rolls on with SEC Enforcement’s FCPA chief Kara Brockmeyer joining the firm. For those keeping track this pipeline has now officially created more jobs than the Keystone Pipeline promised. [Corporate Counsel]
* Maybe we’ll make this whole roundup about moving to private practice! Crowell & Moring adds former Homeland Security Chief of Staff Paul Rosen. [Politico]
* Fox Rothschild does what anyone else who spends time in Los Angeles does: moves to Seattle. [Legal Intelligencer]
* The Supreme Court made it harder to sue a foreign government that seizes American assets. Good thing America’s leadership is focused on sound diplomacy and doesn’t needlessly provoke countries by describing them as “a mess.” This should work out well. [Law360]
* The folks behind the Bar Exam Stats blog have opened a Law School HQ, a new site with a broader focus. [Law School HQ]
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Non-Sequiturs
Non-Sequiturs: 05.01.17
* Airbnb will allow the government to audit hosts in order to test for racial discrimination. [The Guardian]
* Texas cop shoots and kills an unarmed black 15-year-old. [The Root]
* There’s no video, but Popehat has a nice little tale about an airline and airport police completely failing. [Popehat]
* If this had happened to Ann Coulter, conservatives would be concerned. But since it only happened to left-leaning women in Kentucky… crickets. [ABC]
* The Supreme Court doesn’t want to touch California’s ban on gay conversion therapy. Banning gay conversion therapy is, of course, the only reason to be happy Donald Trump hasn’t been repealed and replaced by Mike Pence. [ABA Journal]
* In case you missed it, on Friday night I debated Jenner Block’s Lindsay Harrison about the Constitution, and Seema Iyer about sex offenders. Check out the webcast here. [WNYC Studios]
* Richard Posner and Jed Rakoff face off over the death penalty. [Slate]
Elie Mystal is an editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.
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Justice, Racism, SCOTUS
Supreme Court Invents New Way To Go After Banks And Predatory Lenders
Supreme Court interprets the Fair Housing Act... fairly. -
Morning Docket
Morning Docket: 05.01.17
* Checks and balances, how do they work? President Donald Trump seems to be looking for anyone and anything to blame for his first 100 days in office being bungled, and he’s finally settled on the rule system that controls the Senate, calling it a “very rough system,” an “archaic system” that’s “really a bad thing for the country.” [The Guardian]
* In other news, according to Reince Priebus, President Trump’s chief of staff, something that the White House has looked into is changing libel laws to make it easier to sue news organizations, but “[h]ow it gets executed or whether that goes anywhere is a different story.” Wow. [CNN]
* One things for sure — there’s no Supreme Court retirement watch here: Described as “exuberant,” Justice Ruth Bader Ginsburg recently exclaimed that she “love[s] her job,” and that Justice Elena Kagan must be absolutely thrilled about Neil Gorsuch’s confirmation, since that means she’ll no longer have to suffer through the incredibly boring tasks typically given to the high court’s junior justice. [National Law Journal]
* “The logic of the decision is hard to accept. You’re OK’ing a system that perpetuates the inequity in compensation for women.” In a disheartening opinion, the Ninth Circuit said employers may legally pay women less than their male counterparts for the same work based exclusively on differences in their prior salaries, even though those differences were recently ruled discriminatory under the Equal Pay Act by a lower court. [CBS News]
* A second suspect has been arrested in the fatal April 10 shooting of Cook County Associate Judge Raymond Myles. Earl Wilson, 45, a man who is “no stranger to the criminal justice system,” was charged with first-degree murder. Per prosecutors, this was a robbery gone wrong, and Myles was not supposed to be killed. Myles is the first Chicago-area judge to be fatally shot in more than three decades. [Chicago Tribune]
* Late last week, the Hollywood Reporter released its annual ranking of the best attorneys who serve the nation’s most glamorous celebrities — the Hollywood 100 — which is always celebrated like “lawyer Christmas in Hollywood for a day.” How many Biglaw attorneys made the list in the tenth edition of the rankings, and how well represented are each of their firms? We’ll have more on this later. [Big Law Business]
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Supreme Court
Neil Gorsuch Isn't Ready For This Supreme Court
Gorsuch having trouble with the rowdy Supreme Court.