Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.
- Elena Kagan, Gay, Gay Marriage, Law Schools, Money, Morning Docket, SCOTUS, Supreme Court, Supreme Court Clerks
* The lawyers fighting against marriage equality say “[w]hether [they] win or lose in lower courts doesn’t matter that much,” because everything will be up to the Supreme Court at the end of the day — but so far, they mostly lose. [National Law Journal]
* On the other side of the coin, the lawyers fighting in favor of marriage equality are sounding more and more like used car salesmen, always bragging about the quality of their “vehicles” just to get their cases in front of the justices. [New York Times]
* In the meantime, Justice Kagan officiated her first same-sex wedding this weekend for one of her former clerks. Only the women of SCOTUS, sans Sotomayor, have performed such ceremonies. [Huffington Post]
* In a landmark decision, Arab Bank PLC was found liable for supporting Hamas in a civil terrorism-finance case. There will be a second trial to determine damages, but the bank plans to appeal. [WSJ Law Blog]
* Here’s advice for those of you considering reapplying to law school during a time of educational crisis: rewrite your app in crayon, you’ll probably get in. [Law Admissions Lowdown / U.S. News & World Report]
That’s not the way we do business. We’re not Republicans or Democrats.
– Chief Justice John Roberts, speaking at the University of Nebraska-Lincoln College of Law. The Chief Justice has made dispelling the impression of partisanship the cornerstone of his public relations efforts, pointing to a steady stream of 9-0 decisions. It’s a talking point that Dahlia Lithwick has termed faux-nanimity. Still, the Chief Justice soldiers on, hoping that no one looks into what Virginia Thomas is up to or where Justice Scalia goes hunting.
Appellate practices are great.
For lawyers who enjoy thinking and writing, but don’t have much taste for the hand-to-hand combat of discovery, appellate practices are pure joy. Appellate advocates bask in the intelligence and majesty of the law, without having to do daily battle with psychopaths.
For big firms, appellate practices are the crown jewels of the litigation side of the shop: “We’ve argued cases in the Supreme Court!” “We participated (either on the merits or as amici) in ten percent of the Supreme Court’s docket last year!” Shout it to the heavens! What’s the implicit message?
“We’re doing these cases for free!”
Oh, Herrmann, you’re such a cynic. Surely the implicit message is: “We’re God’s gift to advocacy!”
It’s a marketer’s dream.
But one leading appellate lawyer recently told me that the Great Recession has hurt his practice in ways you wouldn’t expect. And I’m here to tell you that, although appellate practices done right can help a firm, appellate practices done wrong are dangerous things . . . .
It’s Constitution Day, or technically Constitution Day and Citizenship Day, because it’s a holiday so nice Congress named it twice. And Congress doesn’t mess around with this event: by law, all publicly funded educational institutions and all federal agencies must provide educational programming on the history of the American Constitution today. So if you see someone dressed up as a Founder today, they’re probably a teacher. Or an incompetent lawyer.
In the spirit of teaching constitutional law, and generally making learning fun, I wanted to focus on the professorial stylings of Professor Josh Blackman. A couple weeks ago, I noticed Professor Josh Blackman tweeting out memes he’d created to describe Youngstown v. Sawyer. If you can inspire a chuckle (or frankly anything) over seizing steel mills, then you’ve accomplished something. He told me that he often employs memes to hammer home his lessons. And when you think about it, memes are the perfect medium for teaching constitutional jurisprudence: you take something established and scribble new stuff all over it.
Let’s look at some of his work. Maybe readers can come up with some other clever entries….
- Antonin Scalia, Biglaw, Crime, Dewey & LeBoeuf, Federal Judges, In-House Counsel, John Paul Stevens, Morning Docket, Murder, SCOTUS, Small Law Firms, Sonia Sotomayor, Supreme Court, Trials
* If you want to know why Justice Sonia Sotomayor’s summer was “really not fun,” it’s because she spent it reading a book about Justice Antonin Scalia and a book written by Justice John Paul Stevens. [Washington Whispers / U.S. News & World Report]
* “There is less money to pay everybody.” Corporations are shifting more and more of their legal work to their in-house lawyers, and some law firms — especially smaller ones — are feeling the financial squeeze. [WSJ Law Blog]
* If you’ve wanted to know what federal judges discuss during their bathroom breaks, stop wondering, because it’s not that exciting. All they talk about is their “stupid little trials,” and get overheard by jurors and forced into disclosures. [New York Daily News]
* Dewey know why the former leaders of this failed firm want their criminal indictment dismissed? It’s because the case is allegedly based on a “flagrant misunderstanding of the law.” [New York Law Journal]
* If you want to own a “piece of history,” Jodi Arias is auctioning off the glasses she wore during the first phase of her murder trial. She intends to donate the proceeds of the sale to (her own?) charity. [Daily Mail]
- Biglaw, Clerkships, Football, Kids, Money, Morning Docket, Music, Partner Issues, Rankings, Rap, SCOTUS, Summer Associates, Supreme Court, Technology
* “Operas can get pretty gory. I should have put that in my brief.” In the upcoming Supreme Court term, it looks like law clerks will have to educate their justices about the intricacies of rap music’s sometimes violent lyrics. [National Law Journal]
* The pay gap between equity and non-equity Biglaw partners is growing wider and wider. According to recent survey, on average, equity partners are bringing home $633K more than non-equity partners each year. [Am Law Daily]
* Hackers are targeting Biglaw firms to acquire their clients’ important secrets. Unfortunately, no one is brave enough to step up to the plate and say their firm’s been hit — admitting that “could be an extinction-level event.” [Tribune-Review]
* Which Biglaw firms had the most satisfied summer associates this year? There was a big rankings shake-up at the top of the list this time around, and we’ll have more on this later today. [Am Law Daily]
* In the wake of the Ray Rice scandal, Adrian Peterson screwed up many of your fantasy football teams after he was indicted for hurting his child “with criminal negligence.” He’s now out on $15,000 bail. [CNN]
[A friend] called me and said, “Sonia, come to Princeton. You have to go to an Ivy League school.”
And I said, “What’s an Ivy League school?”
I was a good student. But I wouldn’t even have known to apply, because I came from a world where that wasn’t part of the expectations. And that’s true of a lot of kids in a lot of neighborhoods.
– Justice Sonia Sotomayor, in comments made about her decision to apply to Princeton University and later Yale Law School, during an appearance earlier this week at the University of Tulsa College of Law. Sotomayor went on to say that she wouldn’t be where she is now if it weren’t for affirmative action.
- Andrew Cuomo, Deaths, Election Law, Law Professors, Law Schools, Morning Docket, Murder, Politics, SCOTUS, Supreme Court, Trials
* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]
* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]
* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]
* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]
* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]