Supreme Court
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Non-Sequiturs
Non-Sequiturs: 03.30.17
* Thanks to Senator Joe Manchin of West Virginia, Judge Neil Gorsuch’s Supreme Court nomination now enjoys bipartisan support in the Senate. [The Hill]
* But the “nuclear option” isn’t off the table — and here’s how to explain it to your non-lawyer friends and relatives. [GQ]
* Speaking of SCOTUS, how often do you see a separate opinion written by Justice Sotomayor and joined by… Justice Alito? [How Appealing]
* And don’t look for either justice in Adam Feldman’s discussion of the most powerful Supreme Court justices of all time. [Empirical SCOTUS]
* Thinking of (debt financing) a law degree? Use this handy student loan calculator to crunch the numbers first. [AccessLex]
* A big issue in international and maritime law: control over the South China Sea. [Instapundit]
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Books, SCOTUS, Supreme Court
Standard Of Review: In 'Al-Tounsi,' A Non-Lawyer Analyzes The Supreme Court
This new novel is an enjoyable, well-written exploration of the personalities behind the Supreme Court. - Sponsored
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Non-Sequiturs
Non-Sequiturs: 03.29.17
* A retired Wisconsin law professor’s mission to save democracy. [Salon]
* The Supreme Court case that could save funding for sanctuary cities. [Talking Points Memo]
* I bet you were wondering where the (allegedly) embezzled money all went. [The Black Sheep]
* An interview with the legendary former Manhattan District Attorney, Robert Morgenthau. [Coverage Opinions]
* The truth behind practicing law with your spouse. [Reboot Your Law Practice]
* How toner cartridges could change the law. [Consumer Reports]
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Supreme Court
The Most-Cited Supreme Court Cases All Have Something In Common
These cases get around. -
Morning Docket
Morning Docket: 03.29.17
* Almost 2,000 lawyers have signed on to a complaint filed by the Lawyers for Good Government with the Alabama State Bar Disciplinary Committee which alleges that Attorney General Jeff Sessions violated the state’s rules of professional conduct when he falsely testified under oath during his confirmation hearing that he “did not have communications with the Russians,” and thus should be disbarred. [Alabama Political Reporter]
* A superior legal defense from a superior legal mind? A former contestant on The Apprentice who accused President Donald Trump of groping her in 2007 is now suing him for defamation. Trump’s lawyer, Marc Kasowitz of Kasowitz Benson, claims that the president is immune from private litigation thanks to the Supremacy Clause of the Constitution. Perhaps he ought to take another look at Clinton v. Jones. [USA Today]
* Sources say that Seyfarth Shaw partner Alexander Passantino is under consideration to run the Wage and Hour Division of the Department of Labor. He served as deputy Wage and Hour Division administrator from 2006 to 2008, and if offered the job, he’ll be in charge of overseeing some pretty major policy issues, like rolling back the Obama-era expansion of overtime pay to millions of American workers. [Big Law Business]
* General counsel from 185 companies signed on to a letter delivered to Congress, beseeching lawmakers to continue to support the Legal Services Corp. which could go without necessary funds under President Trump’s budget plan. They’ve requested that $450M be allocated to the organization in order to create a “level playing field for the many lower and moderate-income families who cannot afford a lawyer.” [WSJ Law Blog]
* Angelo Binno, a blind prospective law student who alleged that the LSAT’s logic games test is discriminatory, was denied Supreme Court certiorari earlier this week. Not to worry, because his lawyer says that the fight will go on: “I’m not going to stop until he gets into law school because I know he will be a great lawyer even though he cannot diagram that on a test. This battle is far from over.” [National Law Journal]
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Non-Sequiturs
Non-Sequiturs: 03.28.17
* The Trump administration is trying to keep former acting attorney general Sally Yates quiet on the administration’s Russia ties. [Huffington Post]
* SCOTUS scores victory for science, Eighth Amendment. [Slate]
* Graduating from NYU Law does not mean you are capable of doing everything. [Salon]
* As one might expect in this political climate, ICE agents appear to be shooting first, asking questions later. [The Slot]
* Update your workwear. Everyone is tired of seeing you in your winter finest. [Corporette]
* Is this why lawyers go rogue? [Law and More]
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Confirmations, Supreme Court
Gorsuch Will Be Confirmed On April 7, Per Senate Majority Leader
Will the Republicans have to go nuclear for this to happen? - Sponsored
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Old People, SCOTUS, Supreme Court
On The Longevity Of Supreme Court Justices
Should we have 18-year term limits for the members of SCOTUS? -
Morning Docket
Morning Docket: 03.28.16
* The ABA has placed Arizona Summit Law School on probation for its poor bar exam passage rates and questionable admissions practices. How will this affect the school’s affiliation with Bethune-Cookman University? Will the Department of Education strip the law school of access to the federal student loan program like what happened with Charlotte School of Law? We’ll have more on this later today. [Arizona Republic]
* More Democratic senators have announced their opposition to the confirmation of Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit, but the White House is calling for a “fair, up-or-down vote.” Hmm, when the previous administration called for a hearing followed by a “fair, up-or-down vote” for Supreme Court nominee Judge Merrick Garland of the D.C. Circuit, the request went completely ignored. [Reuters]
* The Eastern District of Texas is home to more than 40 percent of all patent lawsuits, but the Supreme Court may decide to send patent trolls packing to other jurisdictions when it hands down its ruling in TC Heartland v. Kraft Foods. This case may not only resolve a Federal Circuit decision that’s at odds with SCOTUS precedent, but it may bring forum shopping in patent cases to an end. [DealBook / New York Times]
* As we mentioned previously, it was rumored that President Donald Trump would be nominating White House deputy counsel Makan Delrahim to lead the Justice Department’s Antitrust Division. It looks like Trump finally decided to pull the trigger to elevate Delrahim to the position. He’ll need to be confirmed by the Senate, which should be a relative breeze for him compared to other Trump nominees. [Law 360 (sub. req.)]
* Eric Conn, a Social Security disability lawyer known as “Mr. Social Security,” recently pleaded guilty to one count of theft of government money and one count of payment of gratuities in the largest Social Security fraud scheme in recent memory, submitting false medical paperwork and fake claims to the Social Security Administration to the tune of $550M. He earned himself more than $5.7M in fees as part of the scam. [WSJ Law Blog]
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Justice, Politics, SCOTUS
Senate Judiciary Democrats Will Delay The Gorsuch Vote One Week
The Gorsuch confirmation process has problems not of the judge's own making. -
Morning Docket
Morning Docket: 03.26.17
* “I’m guessing they have had a number of long days and potentially sleepless nights.” The government lawyers behind the efforts to repeal the Affordable Care Act and replace it with the American Health Care Act have had a rough go of things. Who are they, which law schools did they attend, and which Biglaw firms did they work for before becoming Hill lawyers? [National Law Journal]
* Don’t forget about Merrick: A third of Democratic senators have pledged to vote against confirming Supreme Court nominee Judge Neil Gorsuch. At this time, it remains unclear as to whether there will be a united effort by Democrats to oppose his confirmation when the Senate Judiciary Committee votes on April 3. [Reuters]
* Guess who isn’t boycotting Hawaii? People who apparently have a vendetta against this federal jurist. Judge Derrick Watson of the District of Hawaii has been receiving death threats ever since he blocked President Donald Trump’s revised travel ban on March 15. He is now receiving 24-hour protection from the U.S. Marshals Service. [The Hill]
* The Second Circuit has upheld New York’s ban on non-lawyers investing in law firms. Personal injury firm Jacoby & Meyers argued that the state’s prohibition on non-lawyer investment violated lawyers’ First Amendment right to associate with clients, but the court found that connection to be “simply too attenuated.” [New York Law Journal]
* Ithaca may be gorges, but it can’t compete with the Big Apple with it comes to hands-on learning about issues dealing with cutting-edge tech. Cornell Law is launching a semester-long Program in Information and Technology Law at its Tech campus on Roosevelt Island in New York City that’s slated to begin in Spring 2018. [WSJ Law Blog]
* Judge Edward J. McManus, the longest serving of any incumbent judge in the United States (and third-longest servng in the history of the United States), RIP. [N.D. Iowa]
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Non-Sequiturs
Non-Sequiturs: 03.24.17
* For those of you too busy this week to follow Judge Neil Gorsuch’s confirmation hearing, here’s a nice collection of the highlights by Benjamin Wallace-Wells. [New Yorker via How Appealing]
* SCOTUS confirmation hearings are often compared to kabuki theater; law professor cum novelist Jay Wexler reimagines the Gorsuch hearing as, well, actual kabuki theater. [McSweeney’s]
* Insider trading: it’s not entirely about the benjamins, as therapist and executive coach Andrew Snyder explains. [LinkedIn]
* Is the Second Circuit sitting on juicy information about President Trump’s ties to Russia? [WiseLawNY]
* Law school applicants with high LSAT scores: which schools do they favor? [SSRN]
* Speaking of legal education, what are the secrets to law school success? Vanderbilt 3L Niya McCray shares her thoughts. [Amazon (affiliate link)]
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Confirmations, Supreme Court
Senators Act Like They Forgot About Merrick
This senator apparently doesn't recall what he and his colleagues did with Merrick Garland's nomination. -
Confirmations, Supreme Court
Truck Drivers Weigh In On TransAm Trucking Case, Neil Gorsuch Nomination
We talked to truckers about their opinion of Neil Gorsuch's rulings. -
Technology
Supreme Court Says You Can Copyright Elements Of 'Useful Articles' -- Which May Spell Disaster For 3D Printing & More
The SCOTUS cheerleader case may spell doom for the latest in technology. -
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Small Law Firms, Solo Practitioners
Solo Seeks To Challenge Archaic Bonafide Office Rules At The Supremes
Physical space requirements for lawyers may head to the Supreme Court. -
Justice, Politics, SCOTUS, Supreme Court
Republicans Can Bust The Gorsuch Filibuster, But Can They Take What Happens Next?
The Democrats had to filibuster. The Republicans left them with literally no other choice. -
Morning Docket
Morning Docket: 03.23.17
* “You have been very much able to avoid any specificity like no one I have seen before. And maybe that’s a virtue, I don’t know. But for us on this side, knowing where you stand on major questions of the day is really important to a vote.” Despite hours of questioning, Senate Democrats were unable to get Judge Neil Gorsuch to commit to any response beyond researched generalities. At this point, his confirmation seems inevitable. [New York Times]
* Sure, Biglaw associates want their firms to be more progressive when it comes to flexible working arrangements, but that doesn’t mean they feel comfortable taking advantage of the programs being offered. Per a survey conducted by the Diversity and Flexibility Alliance, only 8.8 percent of lawyers at firms with reduced hours policies actually work reduced hours. We’ll have more on this later today. [Big Law Business]
* Is this the end of the Swiss verein? While the legal structure has been adopted in almost every major cross-border law firm merger in recent memory, both of the last two transatlantic Biglaw tie-ups opted to use an entity called the company limited by guarantee (CLG). Apparently this legal structure is being favored for new law firm combinations because there are still questions about vereins’ proper use. [Am Law Daily]
* Dean Alex Acosta of Florida International University School of Law, a man who is better known these days as Trump’s nominee to be the Secretary of Labor, not only says the fiduciary rule requiring retirement investment advisers to put their clients’ interest first goes too far, but indicated that he may decline to defend a rule doubling the salary ceiling under which employees would be eligible for overtime pay. Ouch. [Reuters]
* Now that Harvard Law has decided to accept applicants’ GRE scores in lieu of their LSAT scores for admissions purposes, other law schools have decided to try the alternative exam on for size. Suffolk Law, for example, launched a study last week and offered students $100 to take the GRE. Suffolk’s dean says that “the mad dash for the GRE is not being driven by declines in applications.” Bless your heart. [Boston Globe]