Supreme Court
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Podcasts
Ron DeSantis Is A Walking Law School Exam Of What Not To Do
How can one guy mess up this much? -
Courts
John Roberts Gaslights Crowd With 'Commitment' To Super Secret Supreme Court Ethics Plan He Won't Talk About
The Chief Justice really wants you to stop asking him about ethics. - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Courts
What Will Universities Do Once Bakke Goes Belly Up?
It is starting to feel real 1950's again.
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Courts
This Supreme Court Is Bad, But It’s Nowhere Close To Being America’s Most Radical Or Right-Wing
Confidence in the Supreme Court has slipped to its lowest level since Americans began being surveyed on this topic 50 years ago. -
Courts
Supreme Court Unanimously Holds That The IRS Can Summon A Law Firm’s Bank Records Without Giving Notice If Their Client Owes Back Taxes
The Court unanimously agreed with the Sixth Circuit. -
Courts
Harlan Crow's Lawyers Tell Senate They're Going To Take Their Chances With Contempt
These are a lot of bad legal arguments just to say, 'we don't think you have the votes.' -
Courts
For An Originalist, Gorsuch Is Clearly Slacking On His Definitions And Their Historical Meanings
Is what he said stupid? Yes. But let's be technical here. -
Courts, Intellectual Property
Supremely Important IP Decisions
It is always worth considering what can be learned about the Supreme Court’s view of IP cases when two decisions in such cases are issued on the same day. - Sponsored
Law Firms Now Have A Choice In Their Document Comparison Software
Six months on since its launch, over 200 firms worldwide are now using Draftable Legal for accurate and reliable document comparison, including UK Top 50… -
Courts
Ketanji Brown Jackson Offers Legal Career Tips From Survivor
Who does she want to vote off the Island? -
Morning Docket
Morning Docket: 05.22.23
* Allen & Overy finally finds its American match, announcing a deal with Shearman & Sterling. The new firm will be called “A&O Shearman”… for a couple of months before we just call it “Allen & Overy.” [Law360]
* Biden seems unwilling to invoke the Fourteenth Amendment to avoid a government shutdown, though it’s not clear why since there wouldn’t be any injured plaintiff. [Reuters]
* Not that having a viable legal theory matters much to this Supreme Court. So why does the media bend over backward to frame opinions through a legal lens? In fairness, Above the Law more or less stopped trying to do that years ago. [Slate]
* A former Lewis Brisbois COO alleged financial shenanigans back in 2019. Not saying these rumors contributed to over 100 lawyers bailed, but they can’t have helped. [American Lawyer]
* Meta, the artist formerly known as Facebook and likely subsequently to be known as Facebook, receives 1.3 billion Euro fine for GDPR data privacy violations. [The Verge]
* Ty Cobb thinks Trump will end up in jail over classified documents. So don’t expect Cobb to be rejoining the legal team. [Newsweek]
* January 6 probe triggers secretive hearing involving WilmerHale — likely over social media data. [Politico]
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Morning Docket
Morning Docket: 05.19.23
* Neil Gorsuch brands COVID-19 health edicts possibly “the greatest intrusions on civil liberties in the peacetime history of this country.” While some might remind him about slavery and segregation, I’m not sure we should be giving him any ideas. [USA Today]
* Mike McKool leaves McKool Smith. Remember Garfield Minus Garfield? It’s like that. [Reuters]
* Judge rejects candy company’s motion to dismiss in case of man trapped inside hardened chocolate for hours. Willy Wonka declined comment. [Legal Intelligencer]
* Nancy Abudu confirmed to the Eleventh Circuit and all it took was a staggering 495 days or so. [Atlanta Journal-Constitution]
* Justice Stevens working papers released. One gem involves Scalia chiding dissenters for worrying about damaging the Court’s legitimacy. That tracks. [ABA Journal]
* As part of broader efforts to diversify the ranks of special masters, some argue for rethinking the language of “master” itself. [Law.com]
* Kari Lake’s election challenge going about as well as her election did. [Courthouse News Service]
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Courts
Elena Kagan Uses Footnote To Unleash Surprise Sotomayor Diss Track
All right, let's not say anything in the U.S. Reports that we'll regret in the morning.
Sponsored
Generative AI In Legal Work — What’s Fact And What’s Fiction?
AI’s Impact On Law Firms Of Every Size
The Business Case For AI At Your Law Firm
Sponsored
How Transactional Lawyers Can Better Serve (And Maintain) Their Clients
Law Firms Now Have A Choice In Their Document Comparison Software
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Morning Docket
Morning Docket: 05.18.23
* Fifth Circuit judge scolds attorney for “personal attack” because she accurately described the district court opinion as unprecedented. As Inigo Montoya would put it, “I don’t think that word means what Judge Elrod thinks it means. [Slate]
* After watching Disney’s experience beating up on Florida lawyers, Penguin Random House is starting to sue Florida school districts for banning books. [AP]
* Montana has banned TikTok in a reminder that “free speech” is now limited to punishing students for carrying mean signs during FedSoc events. [Wall Street Journal]
* Deutsche Bank paying $75 million to settle claims that the bank facilitated Jeffrey Epstein’s sex trafficking operations. Another win for Boies Schiller Flexner and Edwards Pottinger representing Epstein’s victims. [Reuters]
* Massachusetts US Attorney accused of abuse of power “to achieve a political goal epitomiz[ing] the type of ‘political justice’ that Congress intended to prohibit.” Too bad she wasn’t a judge taking free vacations from parties before the court… she’d be home free by now.[Law360]
* WilmerHale earned 5 percent of its total revenue from Meta, the company you remember as Facebook before they completely retooled to chase a creepy VR chat room that they’ve since killed after costing the company about $13 billion. Which is all to say that Wilmer may want to diversify its revenue streams at this rate. [Bloomberg Law News]
* A discussion of Shadow Docket by Steve Vladeck (affiliate link). [ABA Journal]
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Morning Docket
Morning Docket: 05.17.23
* Supreme Court will delve into whether lawmakers can probe Trump’s hotel deal with the government. We’ll see how Harlan Crow weighs in on this. [Politico]
* It’s becoming a mantra but, “Disney’s lawyers are smarter than Ron DeSantis’s lawyers.” [New York Times]
* Legislators press Navy to move faster on Camp Lejeune claims… so we know they’ve been watching late-night TV too. [Bloomberg Law News]
* On the one hand, sleeping with your client while repping her in a divorce is an ethical violation, it did create a new ground for divorce so… getting closer to the finish line! [Law.com]
* Chief legal officers are getting more compensation in the form of bonuses… which just so happens to consistently favor male attorneys because it’s all a game of discriminatory whack-a-mole. [Corporate Counsel]
* Federal Circuit tussle over Judge Pauline Newman’s competency continues, with a special committee asking the judge to respond to a request that she undergo psych evaluations. Imagine if the courts dealt with, I don’t know, taking hundreds of thousands in donor gifts and under-the-table compensation with the same alacrity. [Law360]
* Holograms testifying at trial? It’s like living in the future but just with the frivolous parts. [Reuters]
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Courts
Yale Law Professor Writes Weirdest Defense Of Clarence Thomas Yet
Not sure the professor is grasping the actual issue here. -
Courts
There's No Way The Effects Of The Affirmative Action Cases Will Stop At College's Front Door
I'm going to change the last name on my resume to something safer just in case. How's Christopher Smith? They'd give him a job for sure. -
Courts
When Pork Comes To Shove, It Isn't Always Easy To Know Why A Thing Is Constitutional
Jurisprudence is kind of like sausage making — it only gets more complex once you understand the process. -
Courts
A New Landscape Unfolds: Supreme Court Oral Arguments In The 2022-2023 Term
Justice Jackson had a historic term in more ways than one, including her word counts at oral argument. -
Courts
The Next Phase Of Bruen? SCOTUS Could Overturn Gun Safety Laws In All 50 States
I'm going to go out on a limb here and assume Kavanaugh will be in favor of overturning the prohibiting laws.