Supreme Court

* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times]

* “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post]

* And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times]

* How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog]

* A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?’” [Christian Science Monitor]

* Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]

Rehnquist’s judicial philosophy was nihilistic at its core, disrespectful of precedent, and dismissive of … institutions that did not comport with his black-and-white view of the world.

– John A. Jenkins, writing in The Partisan: The Life of William Rehnquist (affiliate link), a scathing new biography of the late Chief Justice William Rehnquist.

Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.

Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).

That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.

What did Messrs. Clement and Goldstein have to say about OT 2012?

double red triangle arrows Continue reading “A Preview of the Upcoming Supreme Court Term (OT 2012)”

* To prepare for the upcoming term, the Supreme Court added six new cases to its docket. Much to our chagrin, none of them are about gay marriage. In other news, Matt Kaiser was right: this is a term only a lawyer can love. [National Law Journal]

* “We are not going to forget where we came from.” As it turns out, not everyone at this firm is a “huge [bleep]hole.” Cozen O’Connor announced this week that Michael J. Heller will step up to serve as the firm’s chief executive officer. [Philadelphia Inquirer]

* Apparently law school deans are “merely middle management.” Frank Wu, Chancellor and Dean of UC Hastings Law, gives an interesting insider opinion about what the view is like from the top of the ivory tower. [Huffington Post]

* “Caveat emptor makes for a lousy law school motto”: an exposition on why law schools should tell their prospective students the truth about their job prospects after graduation. [Thomson Reuters News & Insight]

* Anna Gristina, the Millionaire Madam, pleaded guilty to one count of promoting prostitution. Does this mean we’ll never find out more about the “prominent Manhattan lawyer” who was allegedly a client? [New York Post]

* New Jersey Assemblyman Ronald Dancer (ne Fist Pumper) proposed a piece of legislation called the “Snookiville Law.” If it means more cash for the towns that have to suffer wrath of reality TV, then so be it. [CNN]

* Will the members of the Supreme Court announce which gay marriage issues they’ll be hearing this term any time soon? With Proposition 8 appeal and several DOMA appeals on hand, there’s certainly a lot for them to choose from. [CNN]

* It’s beginning to look a lot like Biglaw, everywhere you go: lawyers are miserable, clients are unhappy, and apparently profits per partner are all to blame. Gee, thanks for those rankings, Am Law, they were really helpful. [DealBook / New York Times]

* Instead of arguing over font size, the Department of Justice argued law yesterday during closing arguments in its attempts to convince a three-judge panel to strike down South Carolina’s voter ID statute. [National Law Journal]

* Unlike Elizabeth Warren, he’s no “Fauxcahontas”: Kevin Washburn, the dean of the University of New Mexico Law School, has been confirmed by the Senate to oversee the Bureau of Indian Affairs. [Washington Post]

* If you’re going to allegedly slash someone’s face in an attempt to defend your honor, at least do it with class like this Columbia Law grad, and use a broken champagne flute as your weapon of choice. [New York Post]

In early 2010, we reported that Supreme Court Justice Clarence Thomas told law students at the University of Florida that he was displeased when he found out that his October Term 2008 clerks — who hailed from George Mason, Rutgers, George Washington, and Creighton law schools — were being referred to as “TTT” by the internet’s “self-proclaimed smart bloggers.” (And just as we did in 2010, we’ll again remind our readers that such a label didn’t come from Above the Law editors; we adore SCOTUS clerks, no matter their alma mater.)

On Friday, Justice Thomas again spoke to students at UF Law, and reiterated his prior thoughts on Ivy League bias in the hiring of The Elect. Though Thomas is a graduate of Yale Law School himself, he’s an equal opportunity justice in that he much prefers to choose his clerks from the ranks of the non-Ivies.

Let’s check out some additional thoughts from Justice Thomas on clerkship hiring, how he’d like his epitaph to be worded, and the most important decision the court has made since he was sworn in….

double red triangle arrows Continue reading “When It Comes to Hiring SCOTUS Clerks, Clarence Thomas Doesn’t Care About the U.S. News Rankings”

‘I never look at those rankings.’

* Hey, “regular students” with “regular backgrounds,” you may be able to get a job as a SCOTUS clerk, because Justice Clarence Thomas is the Supreme Court’s honey badger in that he doesn’t give a sh*t about rankings. [Seattle Post-Intelligencer]

* Because $1.05 bill wasn’t quite enough, Apple is asking for additional damages in its patent war lawsuit against Samsung. Ohh, come on, Judge Koh, it’s just an extra $535 million. Everyone else is doing it, come on. Just give us the money. [Bloomberg]

* The D.C. Circuit suit about White House visitor logs is kind of like a recurring issue we see with law schools, in that transparency here means “[w]e will disclose what records we want you to see.” [National Law Journal]

* Skadden is teaming up with local legal aid groups to start a pro bono initiative in D.C. We hear they’ll be handing out gift cards as a show of appreciation to those who sign up. [Capital Business / Washington Post]

* Sumner Redstone recently donated $18M to BU Law. Will his successor be as charitable? From Columbia Law to Shearman & Sterling to media mogul: meet Philippe Dauman, CEO of Viacom. [New York Times]

* “The employment statistics really are the collective impact of individual choices.” And one of them was attending law school anyway, despite all of the negative media attention they’ve received. [Cincinnati Enquirer]

* Remember the Harvard Law student who ran for Student Government President and pledged to resign after rewriting the organization’s constitution? Well, he graduated, but at least he got a draft in. [Harvard Crimson]

How festive!

* You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate]

* Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse]

* Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight]

* Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg]

* Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette]

* You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw]

Justice Scalia (left) and Judge Posner

Responding to a Supreme Court Justice who calls one a liar requires special care in expression.

– Judge Richard Posner, in a cover email introducing his written response to Justice Antonin Scalia’s recent “You lie!” accusation.

(More about this tiff, which we’ve been covering quite closely here at Above the Law, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Time-Out in Posner v. Scalia?”

October first is the start of the new Supreme Court term!

If, like many readers, you’re a few years out of law school, this may strike you with a mild sense of dread. You remember the heady days of law school when you followed every argument, opinion, and cert grant from One First Street Northeast with an excitement rivaled only by your enthusiasm for the starting salaries for first-year associates.

Alas, the years since law school haven’t been kind to your pants size or your level of engagement with the Supreme Court.

Now, I suspect, you worry that soon — at a family dinner, dropping off your kids at preschool, or anywhere else you interact with non-lawyers — someone will recognize that you are a lawyer, and ask you what to make of the new Supreme Court term.

You have three options for how to deal with this, now, before the media frenzy over the new Supreme Court term starts.

First, you can admit to yourself that you’re no longer the gunner you used to be. You can tell people that just don’t follow the Supreme Court anymore, since you’ve gotten really interested in your exciting new life doing document review for a municipal bond arbitration.

But you’re not going to do that. If you were that good at being honest with yourself, you aren’t likely to be the kind of person who went to law school in the first place.

Second, perhaps, you can wade through the volume of information out there about the new term. Go through SCOTUSblog with the same passion you now spend tracking whether your friends from law school have better careers than you do. Maybe go to one of the OT 2012 preview events that clog every convention hall and small town library starting in mid-September.

That takes time and energy. Tom Goldstein sometimes uses really long paragraphs, and you really wanted to spend more time Googling for topless pictures of Kate Middleton.

Instead, you could let me to one of those events for you. For the truly efficient, follow the jump, sit back, and enjoy Kaiser’s Guide To Bluffing Your Way Through Knowledge About the Supreme Court’s New Term to Non-Lawyers….

double red triangle arrows Continue reading “Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term to Non-Lawyers”

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