Supreme Court

  • Clarence Thomas LF

    Non-Sequiturs

    Non-Sequiturs: 06.24.15

    * Justice Thomas parted with his conservative brethren on the Confederate flag case, but was it a product of his experience as an African-American? Don’t bet on it. [The Volokh Conspiracy / Washington Post]

    * A jury awarded $500,000 to a patient after doctors mocked him while anesthetized. For example, the anesthesiologist said, “I wanted to punch you in the face and man you up a little bit.” Maybe it’s me, but if he sued over that, it sounds like he absolutely deserved that punch in the face. [MedCity News]

    * This title says it all, “I Am An Adjunct Law Professor Who Teaches Five Classes. I Earn Less Than A Pet-Sitter.” [TaxProf Blog]

    * Have you ever wondered how blind people perceive and experience race? Really interesting findings from Professor Osagie K. Obasogie of UC Hastings Law. [Buzzfeed]

    * This may come as a shock, but a report finds that prosecutors cared more about securing convictions than protecting the public. [The Times-Picayune]

    * When we say the immigration system is broken, this is what we mean: 15-year resident with a Columbia Law degree about to be deported. [Vox]

    * In honor of the anniversary of Jaws last week, an examination of Quint’s legal duties to Brody and Hooper. When you consider his potential liability, perhaps he was better off getting eaten. [The Legal Geeks]

    * Federal government paying to scour sewage in Washington state to learn about pot usage post legalization. Note to federal government: they’re the dirty hippies, not you. [Seattle Times]

    34 Comments / / Jun 24, 2015 at 5:30 PM
  • 220px-Antonin_Scalia,_SCOTUS_photo_portrait-RF

    SCOTUS, Supreme Court

    Is Justice Scalia Unfit To Serve? A Published Dialogue With The Atlantic’s Jeffrey Tayler

    Is Justice Scalia is unfit to serve on the basis of his religious beliefs? A debate.

    104 Comments / / Jun 23, 2015 at 5:48 PM
  • In fairness, "Laser Coldplay" sounds pretty criminal.

    Non-Sequiturs

    Non-Sequiturs: 06.23.15

    * Government argues that lasers are “insidious instruments normally used for criminal purposes,” which is… not true outside of Bond movies. [Lowering the Bar]

    * Local judge sues neighbors after “brutal donkey attack.” I guess you’d call this legal jackassery. [Seattle Times]

    * Eagles coach Chip Kelly slapped with $80,000 in back rent. His landlord claims he moved out too quickly because apparently she has never seen Chip Kelly in action. [The Legal Intelligencer]

    * Lost in Justice Kennedy’s comments on solitary confinement, Davis v. Ayala raised some important issues about jury selection. [Lawyers, Guns & Money]

    * Interesting post on lynching and legal realism. [The Faculty Lounge]

    * Saint Thomas More on blogging. [PrawfsBlawg]

    * RMJ, the lawyer who revolutionized attorney advertising by taking In re RMJ all the way to the Supreme Court, has died. [Missouri Lawyers Weekly]

    3 Comments / / Jun 23, 2015 at 5:19 PM
  • scalia-hand RF

    Supreme Court

    Justice Scalia Has Horrible Motel Experience

    The travel gods must be frowning on Justice Scalia.

    9 Comments / / Jun 23, 2015 at 2:00 PM
  • Spiderman horizontal

    Elena Kagan, Supreme Court

    Justice Kagan Cites Precedential Authority Of Comic Book

    Bookmark this post because now you know the proper Bluebooking for a comic book.

    12 Comments / / Jun 22, 2015 at 12:24 PM
  • Not my corner office! (Image via Shutterstock.)

    Morning Docket

    Morning Docket: 06.22.15

    * Everyone’s a winner at Nixon Peabody, especially the millennials! The firm is doing away with the corner-office model in favor of office space reminiscent of that of tech companies, where everyone’s offices — from paralegals to partners — are the same size. [Washington Post]

    * A former North Dakota Law student is suing the school, as well as several administrators and professors, because he alleges they dismissed him via email in May due to problems with his application. Man, that’s almost as harsh as a break-up text. [WDAZ]

    * Justice Kennedy knows a lot of people who are gay, but that doesn’t mean he’ll recognize a constitutional right to same-sex marriage just because of his circle of friends and colleagues. He’ll likely do it because he knows “how meaningful this is.” [New York Times]

    * The Supreme Court is currently considering an emergency appeal out of Texas after the Fifth Circuit refused to stay a decision that would all but close the vast majority of abortion facilities in the state. Give this law the good old coat hanger, SCOTUS. [Associated Press]

    * Last week, Justice Kennedy basically invited litigants to challenge the constitutionality of solitary confinement because it “exacts a terrible price.” Step right up and become one of the first to test the power of the SCOTUS swing vote on this issue. [Los Angeles Times]

    * “Having a woman leader is no longer exceptional.” The number of women law school deans is on the rise. They make up 40 percent of incoming law school leadership, and currently comprise 30 percent of all law deans. Nice work! [National Law Journal]

    * After pleading guilty to a felony count of vehicular manslaughter back in March, California lawyer Hasti Fakhrai-Bayrooti was recently sentenced to four years in prison for killing a cyclist while driving high on prescription drugs Xanax and Suboxone. [Daily Mail]

    27 Comments / / Jun 22, 2015 at 8:49 AM
  • unc_logo

    Non-Sequiturs

    Non-Sequiturs: 06.19.15

    * The North Carolina legislature’s war on UNC Law School continues. The Senate just proposed a $3 million budget cut. Tarheels adjust by ending Civ Pro right before International Shoe. [The Herald Sun]

    * U.S. District Court Judge Rosemary Collyer enjoys living dangerously. When the D.C. Circuit tells her the CIA needs to disclose more about drone policy, she… tells the CIA to keep its mouth shut. AC/DC has a song about that behavior. [Politico]

    * Most attention is, justifiably, fixed on marriage equality and health care, but there are some huge pending decisions we’re overlooking. [Slate]

    * Will Chief Justice Roberts save Obamacare again? [Mother Jones]

    * Speaking of SCOTUS, Professor Ilya Somin and Constitutional Accountability Center chief counsel Elizabeth Wydra talk Supreme Court in this podcast. [The Volokh Conspiracy / Washington Post]

    * Career hiccups begin with you. So, you know, stop doing that to yourself. [Corporette]

    * Why have car insurance in this case? A fair question. [Legal Juice]

    * If you didn’t make it to see David speak with a panel of distinguished guests at the Fix the Court/Politico Supreme Court event this week, here’s the video! [Politico]

    3 Comments / / Jun 19, 2015 at 5:12 PM
  • Ruth Bader Ginsburg RF Justice Ruth Bader Ginsburg

    Supreme Court

    A Woman On The $10 Bill — The Case For RBG

    We certainly hope Justice Ginsburg doesn’t die any time soon. But with the Treasury announcing a woman will be added to currency by 2020, we’d be remiss not to say Justice Ginsburg’s earned the honor.

    29 Comments / / Jun 18, 2015 at 3:34 PM
  • student-loan-debt-e1414612604341

    Non-Sequiturs

    Non-Sequiturs: 06.17.15

    * With student loan forgiveness earning public approval, the other shoe had to drop. Critics campaigning that any escape is “welfare.” If you were grasping for the proper pejorative it’s “Homecoming Queen.” [Concurring Opinions]

    * Hot mic alert! Lawyer broadcasts during recess that prosecutor is “in my pocket.” Only to the extent the prosecutor is now up your ass. [ABA Journal]

    * Maybe there’s hope for sentencing reform: 130 former judges, prosecutors and law enforcement officials sign a letter advocating for the Smarter Sentencing Act of 2015. The key is “former.” I’ll bet while they were running for office harsh sentencing was a-OK. [Sentencing Law and Policy]

    * Using the show Serial to teach good brief writing. [Legal Writing Pro]

    * Had you considered the marriage equality dimensions of Kerry v. Din? Me neither. But Professor Dorf did. [Verdict]

    * Law schools are increasingly hiring deans from within. Just another way of keeping Elie out of that dean’s job he wants so badly. [The Faculty Lounge]

    * What to do when hiring a contract attorney? Hm. Look for fear and desperation? Oh… oh, you’re being serious about ethics and stuff. [Daily Report]

    * The best description of the conservative argument in King: “the card says ‘Moops.'” [Lawyers, Guns & Money]

    https://www.youtube.com/watch?v=Ia02fGpUQfU

    10 Comments / / Jun 17, 2015 at 5:05 PM
  • <> TIME Person of the Year Lunch at Time Life Building on November 8, 2011 in New York City.

    Supreme Court

    Behind The Scenes Look At Seminal Legal Moment As Captured By HBO

    Let’s all gawk at the 90s fashion brought to life in Kerry Washington’s portrayal of Anita Hill.

    10 Comments / / Jun 17, 2015 at 1:34 PM
  • Veep-S02-720p-1080p-WEB-DL-Bluray-HDTV

    Non-Sequiturs

    Non-Sequiturs: 06.16.15

    * The season finale of Veep offered a fun lesson in constitutional law. [PrawfsBlawg]

    * When the Supreme Court hands down Obergefell, will it punt the case by acknowledging a new layer of scrutiny? [Slate]

    * Kash Hill on Hulk Hogan’s suit against Gawker. Is a sex tape newsworthy if the guy’s bragging about his sex life on Howard Stern? [Fusion]

    * Florida and Florida State football players routinely circumvent the criminal justice system. Which… everyone kind of knew already. [ESPN]

    * Why “free IDs” are anything but. [Election Law Blog]

    * Did it hurt? When you fell from heaven? [Legal Juice]

    * Take this survey to put the time-worn law firm mantra of “collegial and collaborative” to the test. [Adam Smith, Esq.]

    * Bruce MacEwen of the aforementioned Adam Smith, Esq. breaks down the Am Law 200. [Big Law Business / Bloomberg BNA]

    https://www.youtube.com/watch?v=GDI7okOMlYs

    12 Comments / / Jun 16, 2015 at 5:28 PM
  • 800px-AIG_wordmark.svg

    Non-Sequiturs

    Non-Sequiturs: 06.15.15

    * Hank Greenberg won his lawsuit against the government for illegally seizing insurance giant A.I.G. as part of a bailout. But the court awarded no damages, finding that shareholders weren’t harmed by the takeover. So, to translate this, the court basically said to Greenberg, “You were so bad at running your business that a cabal of bureaucrats acting illegally did better for shareholders than you.” That’s… gotta sting. [New York Times]

    * Lost in the excitement of today’s Baker Botts decision was the Supreme Court declining to save North Carolina’s struck-down abortion law that would have required doctors to bend over backwards to dissuade women from getting an abortion. Over the dissent of Justice Scalia, the Court killed the law without giving it a chance. [Jezebel]

    * If you’re going to Richmond, California, make sure you’ve left your Ultimate Nullifier at home. [Lowering the Bar]

    * Something finally goes wrong for wealthy people moving into Brooklyn. SPOILER: it’s other wealthy people moving into Brooklyn. [Brownstoner]

    * Justice Ginsburg tells the crowd at the annual ACS Convention that Natalie Portman held up the upcoming RBG biopic, On the Basis of Sex, demanding that the film have a female director. Men’s rights activists can take heart that a man will be directing the inevitable porn version. [The Week]

    * Alan Dershowitz worries that the Zivotofsky decision gives the White House too much power over foreign policy as opposed to some myopic former water commissioner awash in lobbyist money from AIPAC and apocalyptic-minded Evangelicals Congress. [The Blaze]

    * Do you hate patent trolls? Good. Consider supporting this feature comedy film trolling patent trolls. [Indiegogo]

    * If you’re in D.C. Thursday morning, come hear our own David Lat discuss the future of the Roberts Court with some other people who are nowhere near as important. Like congresspeople and former federal judges and such. [Politico]

    32 Comments / / Jun 15, 2015 at 5:31 PM
  • Supreme Court 1

    Biglaw, SCOTUS, Supreme Court

    Biglaw Firm Suffers SCOTUS Defeat

    The Supreme Court delivers some bad news to the bankruptcy bar.

    12 Comments / / Jun 15, 2015 at 10:54 AM
  • Sammy is so sad.

    Benchslaps, Samuel Alito, Supreme Court

    Samuel Alito Gets A Supreme Benchslap

    Uh oh. What kind of trouble has Justice Alito gotten himself into now?

    48 Comments / / Jun 12, 2015 at 1:14 PM
  • Which actors should play our nine justices?

    Movies, SCOTUS, Supreme Court, Television

    Standard Of Review: Casting The Supreme Court

    Whom would you cast to play our current Supreme Court justices? Arts columnist Harry Graff makes his nominations.

    14 Comments / / Jun 11, 2015 at 4:22 PM
  • 415px-Timothy.K.Lewis.Sitting-RF

    Supreme Court

    Chief Justice Called Out On Race By Federal Judge

    This may be a shock, but Chief Justice Roberts may not fully understand racial discrimination.

    17 Comments / / Jun 10, 2015 at 3:43 PM
  • L

    Sports

    What Makes Baseball So Special???

    Baseball has long held a special place in American jurisprudence. And by special, I mean a place exempt from modern notions of decency and fair play.

    0 Comments / / Jun 10, 2015 at 12:07 PM
  • growing tax

    Morning Docket

    Morning Docket: 06.10.15

    * The number of law school applicants and applications continues to plummet, with applicants down by 2.5 percent and the volume of applications down by 4.6 percent since last year. For the love of God, students are staying away for a reason. Do some research, people. [WSJ Law Blog]

    * Lawyers may be thanking their lucky stars for loan repayment programs like IBR and PAYE, but when their cancellation of debt income comes back to bite them in the ass in the form of a “tax bomb” as early as 2032, they’re going to be crying for mercy. [TaxProf Blog]

    * If the Supreme Court rules against same-sex marriage, life could devolve into chaos for gay and lesbian couples. Sure, SCOTUS could do that, or “a giant meteor could fall on [your] head in the next five seconds,” but one is more likely to happen than the other. [AP]

    * You had one job, Dean Cercone… ONE JOB! After recommending against accreditation back in May, the ABA convened this week to officially deny provisional accreditation to Indiana Tech Law. Its handful of students will be so disappointed. [Indiana Lawyer]

    * Ex-House Speaker Dennis Hastert pleaded not guilty in his sex scandal cover-up case and was released on $4,500 bond. Interestingly enough, the judge has volunteered to remove himself due to some potential issues over his impartiality. [New York Times]

    7 Comments / / Jun 10, 2015 at 9:00 AM