Supreme Court

Justice Antonin Scalia

[I]f law school is to remain three years, costs have to be cut; the system is not sustainable in its present form. The graduation into a shrunken legal sector of students with hundreds of thousands of dollars of student debt, nondischargeable in bankruptcy, cannot continue. Perhaps — just perhaps — the more prestigious law schools (and I include William and Mary among them) can continue the way they are, though that is not certain. But the vast majority of law schools will have to lower tuition.

– Justice Antonin Scalia, in his commencement speech at William & Mary School of Law. More highlights from Justice Scalia’s remarks, after the jump.

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* When people tell you that you can do anything with a law degree, they’re wrong. Sounds like… everything Elie writes. [Slate]

* Student debt is dragging down the economy. Is today “every news outlet catches up with Elie Day”? [New York Times]

* Everyone’s also talking about the law student turned prostitute. What about the law professor who was a gigolo? [The Nota Bene]

* Baker Hostetler lawyer leaving the law to start a gym. With any luck he’ll have a championship dodgeball team in no time. [Crain's Cleveland Business]

* Just a reminder, there isn’t a “telling a university everything you’ve done for an oral history” privilege. [BBC]

* An argument for Republicans to get serious about loosening the reins on technological innovation like the Republican Party of old. But that might require saying no to some billionaire donor, so that’s off the table. [The American Conservative]

* Professor Will Baude pointed us to a fun new law professor blog from Professor Richard Re, soon to be of UCLA Law, with an even more fun title. Here he compares Justice Sotomayor’s dissent in Schuette to Quidditch. [Re's Judicata]

* A new show about law school. It’s supposedly about criminal law, but the trailer looks more like a professional responsibility fact pattern. [YouTube]

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Judge Richard Posner isn’t amused.

Please convey my congratulations to Bryan Garner on inventing a new form of arbitration. Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted. How beautifully that simplifies arbitration! No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list possible arbitrators and the disputants cross out the ones they don’t like.

– Judge Richard Posner of the Seventh Circuit, in response to the latest barb dealt in his long-running dispute with Justice Antonin Scalia of the Supreme Court. In June 2012, Bryan Garner co-authored Reading Law: The Interpretation of Legal Texts (affiliate link) with Scalia, and Posner criticized it for “misrepresent[ing] case rationales.” Garner recently hired Keker & Van Nest partner Steven Hirsch to evaluate those criticisms, saying he wanted an “objective third party.” Posner wasn’t particularly impressed.


Zachary Warren

* Justice Ruth Bader Ginsburg may retire by the end of summer 2015, or she may retire by the end of summer 2017, or she may retire whenever she damn well pleases. For the love of God, please stop with this. [Legal Intelligencer]

* The Fourth Circuit appears to be split on Virginia’s gay marriage ban. The Tenth Circuit appeared to be split on Utah’s gay marriage ban. We’ll give you three guesses on the eventual Supreme Court outcome. [New York Times]

* Law deans lose their jobs when their schools drop in rank, and it seems Biglaw chairmen lose their titles when their firms post the worst single-year drop in revenue ever. Sorry Bingham McCutchen. [Am Law Daily]

* Ex-D&Ler Zach Warren wants to sever his case from the likes of Joel Sanders and the Steves, using a “guilt by association” argument. The only thing he’s guilty of is being too cute. [National Law Journal]

* The drama continues at Albany Law, where faculty members now face possible pay cuts or being put on unpaid leave following a “smear campaign” waged against Dean Penelope Andrews. [Albany Times Union]

Professor Tim Wu

Sometimes what everybody thinks about the law is more important than what the law itself says. I think that’s what’s happened with net neutrality. It’s become a kind of norm of behavior, what you can and can’t appropriately do with the Internet. It’s got to be open.

– Professor Tim Wu of Columbia Law School, subject of a glowing profile in the New York Times for his work in defense of net neutrality.

(Fun tidbits from the profile that gunners and legal nerds will appreciate — specifically, how to land a Supreme Court clerkship with a weak grade in a 1L core class — after the jump.)

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You might die on Mars, but you’d probably be employed.

* Due to the extreme polarization of SCOTUS, with its near constant 5-4 opinion line-ups, “it becomes increasingly difficult to contend … that justices are not merely politicians clad in fine robes.” Yep. [The Upshot / New York Times]

* Tim Wu, the Columbia Law professor who first introduced the term “net neutrality” to the world, had two of his clerkships (Posner and Breyer) “arranged” by Professor Lawrence Lessig. If only we could all be so lucky. [New York Times]

* We’re getting the sinking feeling that the lack of diversity in law school is one of those problems that everyone and their mother claims to be trying to fix, but the lack of momentum keeps it from ever truly improving. [National Law Journal]

* When contemplating what law schools would have to do to get a bailout, this law professor has three ideas, and they involve changing her colleagues’ lives in uncomfortable ways. Well played. [Boston Globe]

* Cole Leonard is struggling to decide between going to law school and going to Mars. Well, he’s more likely to have a job doing anything on Mars than here on Earth as a lawyer. HTH. [Dallas Morning News]

* The L.A. Clippers have a new CEO, for the time being. Say hello to Dick Parsons, the former chairman of Patterson Belknap, a man who the world hopes is not quite as racist as his predecessor. [Am Law Daily]

* Poe’s The Raven, if the narrator was a midlevel associate working on Christmas. Excerpt: As of someone slowly rapping, rapping at my office door. “‘Tis the janitor,” I muttered, “tapping at my office door — Likely here to clean the floor.” Ha. [Law Poetry]

* In the wake of Greece, a Satanist wants to open a government meeting with a Satanic prayer. When reached for comment, Dick Cheney said he was flattered. [Broward Palm Beach New Times]

* Dan Snyder is just awful. Now he’s sent a cease and desist letter to LaVar Arrington because Arrington describes himself as a “Redskins great.” Because if anyone around here is going to needlessly slur indigenous people, it’s going to be Dan Snyder. [Deadspin]

* Speaking of cease and desist letters, the one we talked about yesterday — sent over a bad Amazon review — has resulted in Amazon yanking the seller’s license. [ArsTechnica]

* Come on, lawyers. Clean up after yourselves. Especially if you’re just leaving Molly all over someone else’s car. [South Florida Lawyers]

* Guy in Alabama killed his wife, three dogs and a parrot after she sent a critical text. I know this is a tragedy, but as I saw the story all I could think is the parrot was somehow completely to blame. [AL.com]

* There’s still a slave plantation in the United States and it’s terrifying. [Policy Mic]

* Sometimes it’s worth remembering that we have it very easy as lawyers compared to some in other parts of the world. A lawyer representing a professor accused of blasphemy in Pakistan was gunned down last night. [The Volokh Conspiracy / Washington Post]

* A conversation with Solicitor General Donald Verrilli. The full interview is available after the jump… [California Lawyer]

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Dzhokhar Tsarnaev

* If you want to become a Supreme Court justice, you can start by attending one of these three schools. The schools that produced the most justices are Harvard Law, Yale Law, and Columbia Law. [TIME]

* Many of the transactional practice areas that took a bruising during the height of the recession, like corporate work, M&A, real estate, and tax, seem to be coming back. Sorry litigators. [WSJ Law Blog]

* Following Oklahoma’s botched lethal injection, another death row inmate has been given a new lease on life — for the next six months — while an investigation is being carried out. [Associated Press]

* Members of the defense team for accused Boston Marathon bomber Dzhokhar Tsarnaev not only want their client’s comments after arrest stricken from the record, but they also want the death penalty off the table. Good luck. [CNN]

* A lawyer was arrested after a school board meeting because he complained for too long about a graphic sex scene in a book his daughter was assigned to read for school. That’s typical. [New York Daily News]

* Abraham Lincoln was a harder working lawyer than you are. [Abraham Lincoln's Almanac Trial]

* Quentin Tarantino has given up the ghost and dropped his suit against Gawker over The Hateful Eight. [The Escapist]

* The people who made stupid toe shoes have settled a big class action. [Deadspin]

* Judge Posner and Justice Scalia haven’t had a public fight in a while. So this lawyer is trying to stir one up. Thanks, buddy! [Legal Times]

* Colorado’s energy industry is suing municipalities creating a patchwork of fracking regulation. As the author notes, “for a state that has boldly snubbed federal law on marijuana policy, such arguments sound a bit hollow.” [Breaking Energy]

* Stop calling on Justice Ginsburg to retire… it’s probably too late for Obama to nominate a replacement anyway. [New Republic]

* Lawyer writes threatening letter to customer who wrote a negative review on Amazon. [Ars Technica]

* Our tipster put it best, “New Show on Bravo: ‘Lowering the NJ Bar.'” [The Star-Ledger]

* A young solicitor known as Mr. Kelly was inspired to release a rap album about how much he hated his training job at a top 10 global firm. His video after the jump…. [Legal Cheek]

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A Supreme cat fight?

* Footnote fight! Justice Sonia Sotomayor has been clashing with quite a few of her fellow Supreme Court jurists lately, aside from Chief Justice John Roberts. She recently inspired the wrath of Justice RBG herself. [New York Times]

* After months of being poked and prodded for cash, 60 former Howrey equity partners have reached clawback deals with bankruptcy trustee Allan Diamond, and it looks like a few of them agreed to pay pretty hefty sums. [Am Law Daily]

* Here’s a headline we could’ve told you was coming: “The US lawyer bubble has conclusively popped.” It’s not a terribly good decision to attend now, but if you do, people who can’t pay you need your help. [Quartz]

* Cutting law school tuition may be a good idea to attract more students, but in the long run, it could hurt the schools, says Moody’s. Aww, let us shed some tears for those poor law schools. [WSJ Law Blog]

* Crim Law prof not guilty of… crime. Stephen Smith of Notre Dame Law was acquitted on a misdemeanor invasion of privacy charge, and the felony battery charge he faced was dismissed. [South Bend Tribune]

* The University of Arizona will be the first school in the U.S. to offer a bachelor’s degree in law. The degree is being marketed to people who eventually want to have lots of law-related debt. [National Law Journal]

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