Supreme Court

  • SCOTUS 2

    Death Penalty, SCOTUS, Supreme Court

    The Latest Lethal-Injection Challenge May Depend On The Answer To One Question — And It’s Not What You Think

    Does a person sentenced to death have the right to be unconscious at the time of his death? No, argues columnist Tamara Tabo.

    26 Comments / / May 1, 2015 at 6:07 PM
  • Wire

    Non-Sequiturs

    Non-Sequiturs: 04.30.15

    * David Simon, the creator of The Wire, weighs in on Baltimore. He points blame at a police force rooted in “a culture that taught them not the hard job of policing, but simply how to roam the city, jack everyone up, and call for the wagon.” F**k. [Talking Points Memo]

    * In Colorado, marriage is defined as one man and… well, that’s all you need actually. [Business Insider Law & Order]

    * No sooner did I tweet Chief Justice Roberts for his cynical inconsistencies than Brianne Gorod offers a more charitable theory about the jurist. [New Republic]

    * Hull takes a stab at explaining his problem with the parlance of email. [What About Clients?]

    * A fly on the wall at the post-Obergefell chambers conference. [Law Prof Blawg]

    * Professor Hasen examines Williams-Yulee. [Election Law Blog]

    * Another reality TV legal run-in: the restaurant from “Welcome to Sweetie Pie’s” settles a discrimination suit over an employee claiming she was fired for refusing to join a prayer session. I think the important question here is: there’s really a show called “Welcome to Sweetie Pie’s”? [Missouri Lawyers Weekly]

    * Did you follow that child custody hearing over letting an 11-year-old attend a P!nk (is this how we write that now?) concert? Because it was crazypants. [Bronzino Law]

    * Could the Uber class action suit spell relief for contract attorneys? [Law and More]

    * Ballard Spahr’s Chair Mark Stewart talks about the competition between law firms and the distribution of… oh, face it, you just want to hear him talk about hiring Rogers Stevens of Blind Melon as an associate. [Bloomberg BNA / Big Law Business]

    https://www.youtube.com/watch?v=CzXBlzvxuMs

    2 Comments / / Apr 30, 2015 at 5:42 PM
  • Justice Antonin Scalia

    Antonin Scalia, Gay Marriage, Supreme Court

    In Defense Of Justice Scalia

    A defense of Justice Scalia’s controversial joke — from a prominent progressive law professor.

    42 Comments / / Apr 30, 2015 at 10:44 AM
  • Laugh it up, Scalia! (Photo by Chip Somodevilla/Getty)

    Antonin Scalia, Gay Marriage, Supreme Court

    Justice Scalia Makes Completely Tone-Deaf Joke During Gay Marriage Arguments

    Laugh it up, Scalia. Your joke wasn’t inappropriate at all.

    79 Comments / / Apr 29, 2015 at 1:20 PM
  • Kerry Washington (Photo by Frazer Harrison/Getty Images)

    Morning Docket

    Morning Docket: 04.29.15

    * In case you haven’t read the transcripts from yesterday’s same-sex marriage arguments at the Supreme Court and you still want to have some talking points at the water cooler at the office, here are six of the more “provocative” questions that the justices asked. [WSJ Law Blog]

    * HBO is filming a TV movie called “Confirmation” about Justice Clarence Thomas’s 1991 nomination hearings. Kerry Washington will play Anita Hill and Wendell Pierce will play our silent justice. No one puts a pube on Olivia Pope’s Coke can and gets away with it! [Hollywood Reporter]

    * If you’re not interested in the CliffsNotes version of the same-sex marriage arguments at SCOTUS, you should know the justices were split along their usual ideological lines, and Justice Kennedy seemed even more wishy-washy than normal. [New York Times]

    * You’re my boy, Blue! Brooklyn Law School will honor 100-year-old Professor Joseph Crea this summer. He’s been teaching at the school for more than five decades, and looks like a well-preserved academic artifact. Congratulations! [Brooklyn Daily Eagle]

    * Still high off its top passage rate for the February 2015 Florida bar exam and thanks to an anonymous $1 million gift, Ave Maria Law announced that it will be purchasing its campus… and launching a totally unrelated $3.2 million capital campaign. [News-Press]

    * If you’re looking to take a year off before law school, then perhaps you ought to consider becoming a paralegal, a research analyst, or an investment banker. At least one of those jobs will make you reconsider your future. [Law Admissions Lowdown / U.S. News]

    20 Comments / / Apr 29, 2015 at 9:00 AM
  • Meredith-Grey-meredith-grey-8502076-552-427

    Non-Sequiturs

    Non-Sequiturs: 04.28.15

    * Trying Meredith Grey for wrongful death. Can we put her on How To Get Away With Murder and then have Hydra massacre them all in an all-purging ABC Network fire? [Lowenthal & Abrams]

    * If the Supreme Court dismisses a case as improvidently granted, it’s a DIG. If they did it in the past, was it DUG? Professor Carissa Byrne Hessick ponders the linguistics that we’d never ever have considered. And that probably bodes well for us. [PrawfsBlawg]

    * Did you hear about that two-way mirror that a bar installed to watch the women’s room? Police say no privacy rights were implicated, because apparently women understand that the bathroom door was unlocked so they expected guys to walk in on them. Stellar legal analysis. [Jezebel]

    * NYC moves into the 20th Century with its summons process. No, that’s not a typo and yes, that’s still a good thing. [LFC 360]

    * It’s important to remember that the revelation that David Messerschmitt may have led a double life doesn’t mean that it doesn’t happen all the time. And we’re not talking about a Matt Murdock-style double life here, which doesn’t happen much. [Law and More]

    * Nice shout out to Lexis-Nexis Blog for getting into the content production game. [Forbes]

    * In the post-Jenner announcement world, here’s what employers can do to help transgender employees. A good start would be “don’t be Saks.” [LXBN]

    * Interviewing people waiting in line for Supreme Court oral arguments and lamenting how much of their day is wasted because we can’t have a goddamned camera in the room. [Fix the Court]

    13 Comments / / Apr 28, 2015 at 5:31 PM
  • The cast of Big Love: what if they were all lawyers?

    Quote of the Day, SCOTUS, Supreme Court

    4 Polyamorous Lawyers Walk Into A Bar — The Supreme Court Bar

    Justice Alito uses a humorous hypothetical to explore the slippery slope.

    55 Comments / / Apr 28, 2015 at 3:01 PM
  • SCOTUS 2

    Pictures, SCOTUS, Supreme Court

    A Midnight Visit To The Folks Camped Out At SCOTUS

    Can you imagine camping outside the Supreme Court for four full days to see an argument?

    29 Comments / / Apr 28, 2015 at 2:36 AM
  • Supreme Court pretty Small

    Non-Sequiturs

    Non-Sequiturs: 04.27.15

    * Nina Totenberg reviews past opinions to divine how the Court might rule on marriage equality. Or she could have pointed to Windsor and said, “That way.” [NPR]

    * The media attention focused on the two and a half hours of oral arguments over marriage equality coming this week have inspired some to ask just what goes into preparing an oral argument anyway? [Cincinnati Enquirer]

    * Loretta Lynch sworn in as Attorney General. So now the House finally knows which address to send frivolous subpoenas to. [USA Today]

    * What skills do you need to get hired as a lawyer? It’s a sign of the economy that “dad be managing partner” isn’t the top line. [Associate’s Mind]

    * The Fifth Circuit rules that the family of a teenager killed when a Border Patrol agent shot from the U.S. into Mexico cannot sue in U.S. courts. “The border agent’s lawyer said the opinion vindicated his client.” I mean… you killed someone in cold blood and got off on a ludicrous technicality, but yeah, “vindicated.” [Yahoo]

    * Richard Hsu chats with Bill Gross, Caltech Trustee and Chairman and Founder of Idealab[Hsu Untied]

    18 Comments / / Apr 27, 2015 at 5:00 PM
  • Kendall Jenner (Photo by Getty Images)

    Morning Docket

    Morning Docket: 04.27.15

    * The job market may be “improving,” but people aren’t going to start applying to law school in droves any time soon. There’s been a 40 percent drop in applicants since 2005, and according to LSAC’s latest data, “the downward spiral is still… spiraling.” [WSJ Law Blog]

    * Lines to see what could be one of the most historic arguments before the Supreme Court started forming last Friday, but the rest of the country will have to sit back and wait until June to see if a constitutional right to same-sex marriage will be declared. [Reuters]

    * Kris Jenner was just hit with a six-figure lawsuit thanks to model Kendall Jenner’s 19th birthday party, which was allegedly complete with more than 100 guests and a male stripper. Don’t worry, mom, the stripper already spanked your daughter. [Ministry of Gossip / Los Angeles Times]

    * The latest edition of the Am Law 100 rankings are out, and it looks like gross revenue, revenue per lawyer, and profits per partner are on the way up at most firms. You’ll never believe which firm is the new No. 1. We’ll have more on this later. [American Lawyer]

    * Hey, here’s some info you’ve never heard before now! People who graduated from law school in 2010 are still screwed because they’re drowning in debt and some have never worked as lawyers! Never fear, the New York Times is on it! [DealBook / New York Times]

    * “Obviously, the concussion affected my judgment — oops, I shouldn’t say that, given my day job.” At 92 years of age, Judge Robert Sweet of the S.D.N.Y. splits his time between legal pirouettes in the courtroom and skating pirouettes on the ice. [New York Times]

    * “It’s time for restraint of the federal government’s over-aggressive weed warriors.” States that have legalized pot are tired of the Feds prosecuting their citizens, and that’s what the Respect State Marijuana Laws Act of 2015 aims to stop from happening. [High Times]

    * “[L]awyers are naturally drawn to writing because we spend our days working with words.” If you’re a lawyer thinking about writing a legal thriller in your spare time, you’re not alone. Just ask Scott Turow and our very own David Lat. [National Law Journal]

    25 Comments / / Apr 27, 2015 at 9:03 AM
  • Loretta Lynch (Photo by Mark Wilson/Getty Images)

    Morning Docket

    Morning Docket: 04.23.15

    * Congratulations to Loretta Lynch, who later today should be confirmed as the first African-American woman to serve as attorney general. [CNN]

    * And congrats to baseball star Barry Bonds, whose obstruction of justice conviction just got overturned by the Ninth Circuit. [How Appealing]

    * Dewey turned DLA Piper partner John Altorelli, alleged former paramour of Russian spy Anna Chapman, is back in the news — JP Morgan Chase accuses him of lying about his assets in his pending personal bankruptcy case. [American Lawyer]

    * The many debaters-turned-lawyers out there might enjoy this look at the college debate career of presidential hopeful Ted Cruz. [New York Times]

    * A satirical “killing Jews is his jihad” ad can’t be kept out of New York mass transit, per Judge John Koeltl (S.D.N.Y.). [ABA Journal]

    * Retired General David Petraeus is expected to plead guilty later today to a misdemeanor charge of mishandling Paula Broadwell classified materials. [Washington Post]

    * U.S. Supreme Court justices are getting grumpier, according to interesting research discussed by Paul Barrett. [Bloomberg View via How Appealing]

    * With the U.S. Supreme Court about to decide the constitutionality of gay-marriage bans, what’s next for opponents of marriage equality? [New York Times]

    * Standing up for “religious freedom” bills, for one thing — which is what Louisiana Governor Bobby Jindal is doing, telling corporations that plan to “bully[]” his state, “Save your breath.”
    [New York Times]

    22 Comments / / Apr 23, 2015 at 9:12 AM
  • Loretta Lynch

    Non-Sequiturs

    Non-Sequiturs: 04.21.15

    * Loretta Lynch might actually get confirmed, you guys! Senate Republicans have agreed to a bipartisan deal on human trafficking legislation which should end the Lynch logjam. America in 2015, “human trafficking bad” now requires months of negotiation. [CNN]

    * Our old friend Professor Michael Simkovic is back and defending the decision to go to law school based on part-time job numbers because, hey, that’s how the Bureau of Labor measures unemployment so it must be the same for judging employment for struggling J.D.s. Professor Bernie Burk gives a thorough, thoughtful, and respectful retort. [The Faculty Lounge]

    * Meanwhile, failing to learn the lesson of America, students seeking law degrees skyrocket in the UK. Thomas Cooley considers Norfolk campus. [Legal Cheek]

    * The property law of Downton Abbey. It teaches the most important lesson of property — historically it’s really, really good to be a wealthy white guy. [Vanderbilt Law Review]

    * Digging into a less heralded subsidiary argument in the marriage equality cases: the “proceed with caution” rhetoric intended to push the issue to the backburner. [NYU Law Review]

    * On that note, same-sex marriage kills babies!!! Well, no, not really. But that is the argument one former Scalia clerk is making for some reason. [Dorf on Law]

    * Looks like Europe is going to hit Putin where it hurts… an antitrust courtroom. That’ll learn him! [New York Times]

    18 Comments / / Apr 21, 2015 at 5:01 PM
  • Children playgorund

    Uncategorized

    Free-Range Parents And The Law

    If you actually read these statutes, practically anything you let your child do is against the law.

    27 Comments / / Apr 21, 2015 at 10:00 AM
  • tootsie_owl

    Non-Sequiturs

    Non-Sequiturs: 04.20.15

    * “Defendant Pleads Guilty To Kicking An Owl While Paragliding.” Somehow I feel this could have all been avoided if that prick just told us how many licks it takes to get to the center of a Tootsie Pop. [Lowering the Bar]

    * Justice Souter’s not revealing his papers to the public until 50 years after his death. Because there’s no historical interest in them or anything. [Concurring Opinions]

    * Senator Ted Cruz understands modern politics: “you just surgically disconnect your shame sensor.” [Election Law Blog]

    * With Law Day coming up, and it being the 800th anniversary of the Magna Carta, here’s an infographic about the great charter itself. [Lexis Nexis Business of Law Blog]

    * The Biglaw workload is damaging to your health. [ABA Journal]

    * Anyone want to be an Assistant Solicitor General in Texas? [Texas Workforce Commission]

    * I went on Gordon Firemark’s Law Podcaster podcast to discuss ATL’s new podcast “Thinking Like A Lawyer.” Have you not been listening to the show? Well, fix that by subscribing here. [Lawpodcaster]

    5 Comments / / Apr 20, 2015 at 5:03 PM
  • Sorry, but this isn't work.

    Morning Docket

    Morning Docket: 04.20.15

    * Here’s a very important lesson for all of the lawyers reading this: thinking about work while you’re on the way to work doesn’t mean that you’re actually working. This novel argument failed miserably for a Biglaw partner trying to get out of a huge insurance claim. [WSJ Law Blog]

    * Justice Scalia isn’t very fond of the media’s coverage of SCOTUS: “They don’t like conservatives on the court, or anywhere else for that matter. They do a lousy job. You can’t expect them to do a good job.” Wow, tell us how you really feel. [Arkansas Online]

    * “Enough! Enough! Call Loretta Lynch for a vote. Get her confirmed. Put her in place. Let her do her job.” After months of watching his pick for attorney general wait around thanks to political gridlock, President Obama has finally had it with this sh*t. [New York Times]

    * Good news, associates! If you leave your law firm job for a Supreme Court clerkship, you’ll likely still be able to receive that gigantic SCOTUS hiring bonus — to the tune of $300,000 plus! — if you return to the firm you left when it’s over. [National Law Journal]

    * “Hard questions have to be asked at law schools whose modest reputations and forgiving admission standards do not ensure their graduates gainful employment.” High LSAT scores are down, bar failure is up, and law schools still say it’s not their fault. [Bloomberg]

    71 Comments / / Apr 20, 2015 at 9:01 AM
  • qgsrgyyp3wnqnaipmqtf

    Drugs, Supreme Court

    LSD and a Top-Secret Army Experiment’s Trip to the Supreme Court

    Justice Scalia and Justice Brennan square off… again.

    1 Comment / / Apr 16, 2015 at 4:28 PM
  • judge-judy

    Non-Sequiturs

    Non-Sequiturs: 04.15.15

    * Happy tax day! Let’s take a moment to remember that the tax prep industry spends millions to keep taxes a confusing, unpleasant mess. [TaxProf Blog]

    * “Since You Were Wondering, Judge Judy Is Having Amazing Sex” is the most goddamned horrifying headline of the year. [Morning After / Gawker]

    * Judge Kopf congratulates his colleague Judge Gerrard on the latter’s acclaim as a “rising star” judge to clerk for. [Hercules and the Umpire]

    * Lawyers facing charges just disappearing all over the place. [Arkansas Times]

    * The dream juror: a guy whose whole schtick is getting unanimity. Chief Justice John Roberts reports to his local courthouse. [Washington Post]

    * Sad news. “Mr. Fuzzy,” who traveled the Washington firms shining shoes, appears to have been found dead near the tidal basin. [Hill Now]

    15 Comments / / Apr 15, 2015 at 5:03 PM
  • Supreme Court Clerk Hallway original

    Clerkships, Supreme Court, Supreme Court Clerks

    Supreme Court Clerk Hiring Watch: Shout-Outs From Justice Kagan, And The Leading ‘Feeder Firm’

    Which law firms are on a roll when it comes to producing SCOTUS clerks?

    3 Comments / / Apr 14, 2015 at 5:33 PM