Supreme Court

  • Mary Jo White

    Morning Docket

    Morning Docket: 02.24.15

    * Mary Jo White’s sizable net worth is causing sizable headaches over at the SEC. [DealBook / New York Times]

    * If you work at a law firm and take way too long to perform simple tasks in Microsoft Word or Excel, shape up: a new test, developed by former in-house lawyer Casey Flaherty, could expose your weaknesses — and lead to your work being discounted. [Capital Business / Washington Post]

    * More from Howard Bashman about the misadventures of Howard Shipley, the Foley & Lardner partner who might get spanked by SCOTUS for a bizarre filing. [How Appealing]

    * An S.D.N.Y. jury held the Palestinian Authority and the Palestine Liberation Organization liable for supporting six terrorist attacks and issued a verdict of $218.5 million — an award that will under the law get tripled (collected remains to be seen). [WSJ Law Blog]

    * Wall Street banks and their law firms are getting serious about cybersecurity. [New York Times]

    * Thanks to Emily Kelchen for her review of Supreme Ambitions (affiliate link), which she calls “a true legal thriller.” [Wisconsin Lawyer]

    13 Comments / / Feb 24, 2015 at 9:22 AM
  • Jodi Arias

    Non-Sequiturs, Social Media

    Non-Sequiturs: 02.23.15

    * Two jurors excused in the Jodi Arias sentencing retrial. Those were the lucky ones who were able to never have to hear about this case again. [KFYI]

    * After handing down their latest law school rankings, NLJ also talked with hiring partners about getting hired. [National Law Journal]

    * Louisiana. Never stop being you. Longest sitting judge in the state temporarily removed from post pending investigation. [Times-Picayune]

    * Alas, even Paul Clement couldn’t help poor Bobby Chen resuscitate his once abandoned Supreme Court case. And Bobby Chen’s argument wasn’t even as much as a lost cause as pretending the Affordable Care Act was unconstitutional. [Wall Street Journal]

    * Hm. A lot of law blog content ends up suspiciously under someone else’s banner. [Associate’s Mind]

    * Justice Don Willett is a Twitter superstar. Or should I say, @JusticeWillett. [KXAN]

    * Hey guys, the New York Fed thinks this “student debt” thing is kind of a big deal. [TaxProf Blog]

    * If you can make it to New Haven on Thursday, you can see David Lat and other panelists speak on “The Perils of Vine, Instagram, Snapchat & Twitter: Legal Considerations of Social Media.” [CT Bar]

    5 Comments / / Feb 23, 2015 at 5:36 PM
  • Alexandra Marchuk and Juan Monteverde

    Morning Docket

    Morning Docket 02.23.15

    * Welcome back my friends, to the case that never ends: attorneys for Alexandra Marchuk lodged a request for $1.4 million in attorneys fees after her Pyrrhic victory in the Faruqi & Faruqi case. [Law360]

    * In the wake of the Oscars, it’s worth remembering that David Boies is a movie producer. Next up for his shop, Boies/Schiller Film Group, a movie starring Natalie Portman and Ewan McGregor. Because their last movies together were so frigging fantastic. [The Am Law Daily]

    * Speaking of the Oscars, just how much will nominees be regretting that $160,000 swag bag come tax time? [TaxProf Blog]

    * Former Port Authority Chairman David Samson is under scrutiny for enjoying some untoward perks. Like the United Airlines flight route direct from Newark to Samson’s weekend home that was routinely bereft of passengers and ceased to exist days after Samson left the job. Something’s clearly suspect if someone is willingly flying United. [North]

    * We’ve previously discussed the benchslap potential for Howard Shipley over his unorthodox Supreme Court brief. Now his lawyers, including SCOTUS mainstay Paul Clement, have told the Court that it’s basically all the client’s fault. [Legal Times]

    48 Comments / / Feb 23, 2015 at 9:01 AM
  • 296-1271474977dfcN


    Non-Sequiturs: 02.19.15

    * Utah court rules woman can sue herself. Technically there are three separate parties to the case, and she’s all three of them. Leave it to the Mormons to have the best practical description of the Catholic Trinity since St. Patrick and the clover. [Lowering the Bar]

    * An entertaining look at 50 ridiculous anomalies that arise in the ACA if the King v. Burwell plaintiffs succeed. Noscitur a sociis, people! [Miami Business Law Review]

    * The geniuses at Clickhole have a quiz: How many John Grisham novels have you read? [Clickhole]

    * The Obama administration has gotten some high-profile scrutiny for its zealous campaign to stamp out government leaks. Here’s the story of one of the lower-profile government workers under the thumb of the Espionage Act. [The Intercept]

    * A follow-up on his earlier piece on whether or not New York should adopt the Uniform Bar Exam focuses on what the UBE might mean for finding a job. [Bar Exam Stats]

    * Seven months after the fact, Professor Dan Markel’s death is still a mystery. [Tallahassee Democrat]

    * The National Association of Women Lawyers Mid-Year meeting will commence in Chicago on March 5. Check out details here. [NAWL]

    5 Comments / / Feb 19, 2015 at 4:58 PM
  • Policeman With Donut

    White-Collar Crime

    Another Reason It’s Better To Be A Cop Than Accused Of A Crime

    The Supreme Court likes stacking the deck.

    8 Comments / / Feb 19, 2015 at 11:10 AM
  • Justice Clarence Thomas

    Morning Docket

    Morning Docket: 02.18.15

    * Could it be? Did Justice Clarence Thomas ask a question during oral arguments at SCOTUS? No, but he did ask a question at Yale Law during a presentation, noting that he doesn’t ask “irrelevant, useless questions” at the high court. [Legal Times]

    * Per NALP, gains were made by women and minorities in law firms for the first time in years, but be careful, because Jim Leipold is watching you: “Individual law firms should not be allowed to hide behind the national figures.” [National Law Journal]

    * Meet Judge Robert C. Brack of the District Court of New Mexico, who recently earned quite the accolade. Judge Brack has sentenced more defendants than any other federal judge in the past five years. He won’t be celebrating his achievement. [WSJ Law Blog]

    * This Georgetown Law professor, who happens to be the cofounder of one of the country’s largest litigation finance firms, wants to see a law firm IPO, but others wonder if lawyers would be able to ethically practice while reporting to shareholders. [Washington Post]

    * A Chadbourne & Park employee has been banned from ever working for another law firm again following his theft of $15,360 from C&P’s coffers. Not to worry, no client money was pilfered from the firm — the cash was taken from an open office account. [Am Law Daily]

    * If you haven’t heard, David Lat wrote a book called Supreme Ambitions (affiliate link), and “[w]riting the novel was almost therapeutic for [him] in a way” — he’s “kind of over” the fact that his résumé doesn’t include a SCOTUS clerkship. [Chicago Daily Law Bulletin]

    * Martha Africa, name partner of Major Lindsey & Africa, RIP. [San Francisco Chronicle]

    17 Comments / / Feb 18, 2015 at 9:03 AM
  • David Messerschmitt


    Non-Sequiturs: 02.17.15

    * For those looking for updates, here’s the latest information on the David Messerschmitt killing. [Law and More]

    * A short guide to cross-examining psychologists and psychiatrists. I always start by asking them how many psychiatrists it takes to change a lightbulb?[1] [WCI]

    * A comprehensive look at Texas Department of Housing and Community Affairs v. The Inclusive Communities Project and how it could easily throw open the doors on racial discrimination. Texas? Racism? Nah. [Huffington Post]

    * Getting nailed with 170K counts of accessory to murder. [Gawker]

    * The big question on a lot of minds: should New York adopt the UBE? [Bar Exam Stats]

    * FAA unleashes drones upon the public. [LXBN]

    * In honor of an interview with Justice Ginsburg, MSNBC created a quiz to tell you just how RBG you are. I scored pretty well because I want sleep through the State of the Union too. [MSNBC]

    * And while we’re at it, here’s video of their interview. [YouTube]

    [1] One, but the lightbulb has to really want to change.

    9 Comments / / Feb 17, 2015 at 4:59 PM
  • That's. So. Gay.

    Public Interest

    Sign On To Support Same-Sex Marriage In The Supreme Court

    You can sign on to a well-drafted amicus brief heading to the Supreme Court.

    30 Comments / / Feb 17, 2015 at 1:53 PM
  • lawyer snow angel

    Morning Docket

    Morning Docket: 02.17.15

    * Following NBC’s announcement of his six-month suspension without pay, Brian Williams turned to Robert Barnett of Williams & Connolly to save his career. The pair met when they were Supreme Court clerks — oopsie, we guess that’s another misrepresentation. [Am Law Daily]

    * “We weren’t about to ask them to risk life and limb to get in.” As Boston braces for yet another snowstorm, Biglaw firms are trying to figure out how they can continue to operate. Punxsutawney Phil is keeping the wheels of justice from turning. [National Law Journal]

    * The Supreme Court has granted Colorado an extension to respond to a lawsuit filed by Nebraska and Oklahoma which claims that its decision to legalize marijuana was unconstitutional. Puff, puff, pass this cert vote, SCOTUS. [Cannabist / Denver Post]

    * Regulators! Mount up… and then run away to your new Biglaw firms. Preet Bharara’s S.D.N.Y. roster is constantly changing thanks to the golden handcuffs large law firms offer, but Bharara still “love[s] all [his] children equally.” [DealBook / New York Times]

    * David Messerschmitt, the DLA Piper associate who was found dead in a Washington, D.C., hotel room last week, is remembered by his colleagues as “someone so talented and so nice.” There have been no new breaks in his murder investigation. [Legal Times]

    14 Comments / / Feb 17, 2015 at 9:02 AM
  • Damn Dewey dollars...

    Morning Docket

    Morning Docket: 02.16.15

    Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

    * The news is in, and it seems that Davis Polk’s financial numbers were at record highs. The firm’s revenue beat the $1 billion mark for the first time ever, and its PPP rose to $3.29 million. No wonder its 2014 bonuses were so awesome! [Am Law Daily]

    * Yes, we know that William Mitchell Law and Hamline Law are merging to survive as a result of a quickly disappearing applicant pool. We’d really love to know how many other law schools are considering this as an alternative to closing their doors. [Star Tribune]

    * How are Nebraska and Oklahoma, which neighbor Colorado, where marijuana has been legalized, handling the situation? Not well. Their AGs want SCOTUS to rule the weed law in the state where you can get Rocky Mountain High is unconstitutional. [PBS NewsHour]

    * Thanks to a recent ABA rule change, schools are beginning to admit students without LSAT scores. One of those schools is Iowa Law (ranked in the top 30 by U.S. News), but those students need to have done really well on other standardized tests. [Daily Iowan]

    * “How have I done as a judge today?” “Not bad, but you could do better.” Judge John Hurley had a run-in with an 80-year-old criminal defendant who wouldn’t stop calling him sweetheart. Flip to the next page to see the entertaining video. [NBC 6 South Florida]

    32 Comments / / Feb 16, 2015 at 9:08 AM
  • RBG Red Cup RF

    Drinking, Ruth Bader Ginsburg

    Drunk Justice: Ruth Bader Ginsburg Wasn’t ‘100 Percent Sober’ During State Of The Union

    The Notorious R.B.G. vowed to “stay away from the wine,” but she just couldn’t help herself.

    26 Comments / / Feb 13, 2015 at 10:03 AM
  • Amanda Knox

    Morning Docket

    Morning Docket: 02.13.15

    * Amanda Knox, everyone’s favorite convicted/acquitted/convicted murderess, just got engaged to a musician she’s known since middle school. Aww, that’s cute and nice, but what we’d really like to know is where she’s registered for cutlery. [People]

    * Loretta Lynch’s confirmation vote was postponed because per Chairman Chuck Grassley, she apparently submitted dissatisfying answers to the Senate Judiciary Committee’s post-hearing questions. Some says that she’s being held to a double standard… likely because she is being held to a double standard. [National Law Journal]

    * Yesterday afternoon, Judge Callie V.S. Granade ordered that probate judges in Alabama issue same-sex marriage licenses. Sorry Chief Justice Roy Moore, but you better get ready, because the tide of gay marriage is gonna roll. ROLL TIDE ROLL! [National Law Journal]

    * Justice Ruth Bader Ginsburg says she’s not going to give up on women’s rights cases at the Supreme Court, despite the fact that she’s got male colleagues who “don’t fully appreciate the arbitrary barriers that have been put in women’s way.” [Bloomberg]

    * According to the latest report from Citi Private Bank Law Firm Group, Biglaw firms, “across the board,” are doing better than they were last year, but the biggest Biglaw firms are doing the best, of course. We’ll have more on this later today. [WSJ Law Blog]

    * A Texas lawmaker has proposed a bill that would appoint legal representation to a fetus if its mother is brain dead. “You’ll hear what the family wants, and you’ll also give the pre-born child a chance to have a voice in court at that same time.” [Dallas Morning News]

    * New York Law School is launching a two-year law degree program, and students will only have to pay two-thirds of the $147,720 that they normally would have had to. For the record, not all two-year degree programs are cheaper. [Crain’s New York Business]

    43 Comments / / Feb 13, 2015 at 9:05 AM
  • Divorce Fight

    Morning Docket

    Morning Docket: 02.12.15

    * With Valentine’s Day nearly upon us, and many lawyers waiting to pop the big question this weekend, we must let our readers know that nothing could possibly be more romantic than a prenuptial agreement. Eww, just kidding. [Total Return / Wall Street Journal]

    * On the opposite side of the spectrum, if you can’t stand your spouse anymore, you can stay for a Valentine’s weekend at the Divorce Hotel in upstate New York. For the low, low price of $5,000, you can check in married and check out single. [New York Post]

    * “Usually, people have told me, when you’re stopped, the officer says, ‘License and registration.’” Here’s a Supreme Court fun fact for you to keep up your sleeve: Chief Justice John Roberts has never been pulled over by a police officer in his life. [Slate]

    * According to a recent study conducted by the Federal Reserve Bank of New York, lawyers are the exception to the rule when it comes to pay growth stagnation. “Top earners gonna earn” — by 1,450 percent compared to the competition. [Wonkblog / Washington Post]

    * There’s a warrant out for Punxsutawney Phil, the groundhog who brought this wintry hell upon the Northeast. “He told several people that winter would last 6 more weeks, however he failed to disclose that it would consist of mountains of snow!” [CBS Boston]

    9 Comments / / Feb 12, 2015 at 8:27 AM
  • Left Shark


    Non-Sequiturs: 02.11.15

    * Katy Perry’s lawyers from Greenberg Traurig lob another volley at the sculptor of Left Shark. Amazingly, they’re trying to use his sculpture in their trademark application. Can’t make this up. [Political Sculptor] * Former ATL Lawyer of the Year, Paul Weiss’s Roberta Kaplan, has an interesting new project. She’s asking Americans to co-sign an […]

    17 Comments / / Feb 11, 2015 at 5:06 PM
  • saul


    Non-Sequiturs: 02.10.15

    * 12 Things Every Lawyer Should Learn From Saul Goodman. [LinkedIn]

    * The 10th Circuit had so much trouble wading through a federal statute they had to diagram the sentence. As the opinion notes, “[t]hat bramble of prepositional phrases may excite the grammar teacher but it’s certainly kept the federal courts busy.” If you want to see the whole opinion, it’s here. [Lowering the Bar]

    * Meet your King v. Burwell plaintiffs! It’s actually kind of sad. Like the guy paying $655/month on health insurance who could be paying $62.49/month but won’t because Obama is a secret Muslim or something. [Jezebel]

    * A guide to cybersecurity for lawyers. If this interests you, come to our conference March 18, to see the author, Leeza Garber, participate in a panel on privacy. [Capsicum Group]

    * Speaking of cybersecurity, hackers hit Anthem Insurance pretty bad. At least the company is handling the data breach well. [LXBN]

    * New evidence reveals that the victims of lynchings in the South were much higher than previously assumed. Thankfully, racism is over according to the Supreme Court. [Gawker Justice]

    * After introducing you to J.Ko, the Harvard Law rapper, it seems his website is now password protected. Aw. Come back, J.Ko! This is what free publicity looks like. [Harvard Rapper]

    * Maybe there is a role for Millennials to play in ending unpaid internships. They won’t take it of course, but there’s a role out there to be played. [Law and More]

    * Geopolitics explained simply. Shearman’s Richard Hsu talks to Dr. Pippa Malmgren, author of Signals (affiliate link). [Hsu Untied]

    Meanwhile, that sentence diagramming opinion discussed earlier is available on the next page….

    11 Comments / / Feb 10, 2015 at 5:05 PM
  • airplane

    Morning Docket

    Morning Docket: 02.10.15

    * “The reality is, the university has done a lot to be a part of the solution. This undoes a lot of that work.” Students and professors at St. Louis University School of Law are up in arms because Bob McCulloch, the prosecutor in the Ferguson case, is coming to speak at an event on police practices. [ABC News]

    * “Travel by coach will make it impossible for the attorneys to work and or sleep effectively upon our arrival.” Defense lawyers for three suspected terrorists motioned for a judge to give them business-class seats on a plane while federal prosecutors bum it back in coach. [New York Daily News]

    * SCOTUSblog has been denied a Supreme Court press pass, yet again. Lyle Denniston, the site’s main reporter, had to go to great lengths in an attempt to circumvent the high court’s new journalist credentialing process. [Associated Press]

    * “I would really think long and hard before defying a federal court order.” SCOTUS declined to issue a stay that would keep gay marriage at bay in Alabama, but some judges are still refusing to marry gay couples. Thanks Roy Moore. [Los Angeles Times]

    * Paul Weiss: lookin’ nice! In a look at some of the early numbers from the latest Am Law 100 rankings, the firm increased its gross revenue year over year by 10.9 percent, allowing Paul Weiss to finally break the billion-dollar mark in revenue. [Am Law Daily]

    34 Comments / / Feb 10, 2015 at 9:08 AM
  • Adriana Ferreyr

    Morning Docket

    Morning Docket: 02.09.15

    * People keep asking Justice Ginsburg how many women she thinks will be “enough” for the SCOTUS bench, and she keeps giving us the same amazing answer. Flip the page to find out what the Notorious R.B.G. thinks. [Mother Jones]

    * Law school deans gone wild! From sex scandals to rankings rumpuses, here’s a look at the crazy and sometimes criminal activities that law school administrators and faculty members have been accused of over the years. [National Law Journal]

    * “That’s it. Case dismissed. Your behavior is contemptuous.” Adriana Ferreyr, the on-again, off-again girlfriend of George Soros who filed a $50 million lawsuit over a $2 million apartment, allegedly went “berserk” in court… yet again. [Dealbreaker]

    * The job market would like to wish the legal profession a very unhappy New Year. According to the latest report from the Bureau of Labor Statistics, the legal sector lost 1,400 jobs in January, with overall jobs down by 4,500 since last year. [Am Law Daily]

    * “I felt like my head was just mush inside, and I thought, ‘I’m dying.'” Mary Margaret Farren, the former Skadden attorney who survived her ex-husband’s brutal attack on her life, recounts the flashlight bludgeoning that nearly killed her. [ABC News]

    * Is there no relief in sight for law schools? Moody’s says: “This continued decrease in student demand is consistent with our belief that the legal industry is experiencing a fundamental shift rather than a cyclical trend.” [Indianapolis Business Journal]

    (Flip to the next page to see how many women Justice Ginsburg thinks SCOTUS needs.)

    62 Comments / / Feb 9, 2015 at 8:58 AM
  • Elsa Frozen