Supreme Court

  • Test fail

    Non-Sequiturs

    Non-Sequiturs: 01.16.15

    * It’s on. SCOTUS grants cert in marriage equality cases. [Supreme Court]

    * Law schools are admitting students who have no real hope of passing a bar exam. But keep talking about academic integrity! [TaxProf Blog]

    * The Daily Show looks at Alabama’s Attorneys for Fetuses law, the impetus for the CLE “Charging an arm and a leg when your client doesn’t have an arm or a leg.” [Mediaite]

    * A follow-up on the Yale mental health survey and the challenges facing the legal profession. [Law and More]

    * Justice may get a little more affordable in New York. [LFC360]

    * One Virginia lawyer is staying open despite Counter-Civil Rights Day Lee-Jackson Day. [Katz Justice]

    * AG Holder puts a stop to the government’s Equitable Sharing program, which was a nice way of saying the “police stealing things from people” program. [Washington Post]

    * School chancellor: “After careful consideration, I’ve concluded that enlisting our students as confidential informants is fundamentally inconsistent with our core values.” Would have been better to have figured that out before a student died while acting as an informant. [Redline]

    * Another review for Supreme Ambitions (affiliate link). Check it out. [Blog Talk Radio]

    29 Comments / / Jan 16, 2015 at 5:30 PM
  • Game of Loans

    Morning Docket

    Morning Docket: 01.16.15

    * Fewer people are applying to law school. According to LSAC, the number of would-be lawyers who submitted applications is down by 8.5 percent compared to last year. Serious question: How low can we go before all schools are officially in crisis mode? [WSJ Law Blog]

    * You’ll never believe how this guy paid off his law school debt. His parents got a home refi loan, and with the money ($210,000), their son got rid of his student loans. Now he’ll pay his parents’ loan for 30 years. Wow. [Business Insider]

    * Justice Samuel Alito took a break from the SCOTUS docket to receive an award named for the late Judge Edward Becker of the Third Circuit, a man who he said “tried to get federal judges to act in a more sensible way. That’s a real task.” [Legal Times]

    * “[T]hings are getting back to where they were before the recession,” so naturally, state judges — like those in California — are suing over the salary increases they were denied while the recession was in progress. Bless their hearts. [National Law Journal]

    * Hey lawyers, want to seem like you’re smart? Stop sprinkling your briefs with SAT vocabulary words. Just put on a pair of glasses and start using your middle initial more often. For the record, speaking in a pleasant voice is also helpful. [ABA Journal]

    11 Comments / / Jan 16, 2015 at 9:03 AM
  • rock concert

    Non-Sequiturs

    Non-Sequiturs: 01.14.15

    * Judge really, really works hard to make classic rock references in this opinion. Guess he Can’t Get Enough of his Rock ‘n Roll Fantasy. [South Florida Lawyers]

    * Trouble in paradise? Well, no. But trouble in D.C.: American University law professor accuses George Washington Law of predatory poaching. [TaxProf Blog]

    * America should offer a $200 tax credit for political contributions. As always, you can buy more tax loopholes with higher contributions. [Los Angeles Times]

    * Baby justices are hatching from their eggs. [The Onion]

    * New York City Council member is looking to cap Uber’s surge pricing at 2x. Or, you know, people could use the function on the app that tells you how much you’re going to be charged. [Gawker]

    * Continuing analysis of the California Bar Exam results. In case you were wondering how the correspondence and distance learning schools performed. [Bar Exam Stats]

    * The Supreme Court hands down an interesting sentencing law opinion today. Finally, I got a FantasySCOTUS prediction (mostly) right! [Sentencing Law and Policy]

    * If lowly work were considered cool, we wouldn’t have all those annoying stereotypes sitting next to us. [Law and More]

    1 Comment / / Jan 14, 2015 at 5:35 PM
  • Supreme Court Clerk Hallway original

    Clerkships, Supreme Court, Supreme Court Clerks

    Supreme Court Clerk Hiring Watch: New Year, New Hires

    We have many new hires to report — including one young lawyer who has previously graced our pages.

    28 Comments / / Jan 13, 2015 at 6:35 PM
  • Justice Antonin Scalia

    Non-Sequiturs

    Non-Sequiturs: 01.13.15

    * From the “Why the hell didn’t you settle this?” file: Now that Alexandra Marchuk’s case against Faruqi & Faruqi and Juan Monteverde has gone to trial, it seems the firm is getting all sorts of publicity — mostly negative. [New York Post]

    * Supreme Court justices are really just like us… they show up late to work, too. Because Justice Antonin Scalia was stuck in traffic this morning, Chief Justice John Roberts had to summarize two of Scalia’s opinions from the bench. Oops! [NPR]

    * Speaking of Justice Scalia, the Supreme jurist managed to sneak in a citation to Jane Austen’s Pride and Prejudice in his opinion in Whitfield v. United States to show the common usage of the word “accompany.” [Volokh Conspiracy / Washington Post]

    * Remember Dennis Doyle, the lawyer who lost his job and dropped $25K to see every single Knicks game this season? He said this of his tragic endeavor: “I can’t shut it down. I’m in too deep. … I’ll see it through—if it doesn’t kill me first.” [Bleacher Report]

    * An Idaho prosecutor is having regrets over the fact that he chose to issue an arrest warrant for a 9-year-old boy on gum-stealing charges, calling it “a mistake under the circumstances.” That kid must be the coolest on the playground. [ABA Journal]

    * “Trying to suppress [the value of parody] with violence is a fool’s errand.” In the wake of the horror of the Charlie Hebdo shootings, it’s worth recognizing that here in the U.S., we owe much to rappers who have capitalized on free speech. [LinkedIn]

    12 Comments / / Jan 13, 2015 at 5:00 PM
  • Supreme_Court_US_2010

    Non-Sequiturs

    Non-Sequiturs: 01.12.15

    * The case for rotating Chief Justices. Because the Supreme Court should operate more like your PTA. [PrawfsBlawg]

    * Finally a solution to police misconduct that might actually work. But it doesn’t result in a boondoggle to camera manufacturing defense contractors, so there’s no way this will end up happening. [Redline]

    * Last month we put out an APB for Bobby Chen, Supreme Court litigant. Well, no luck. The Supreme Court dropped his case. [Lowering the Bar]

    * Boies Schiller announces the hiring of Matthew Schwartz and John Zach to launch a new Global Investigations and White Collar Defense practice area. Read up on their exploits at the U.S. Attorney’s Office with this detailed account of the prosecution of the Madoff Five. [Forbes]

    * Mark Hermann explained the importance of trust in his article today. Here are 5 tips for building that reputation. [Law and More]

    * Who regulated qualified health claims? It might just be “no one.” [Inside Counsel]

    * The contestants on @Midnight last week tackled the curious case of Michael A. Fiumara and his sex doll interview advertisement. They start dealing with Fiumara at the 23:44. [Comedy Central]

    7 Comments / / Jan 12, 2015 at 5:00 PM
  • Ruth Bader Ginsburg RF Justice Ruth Bader Ginsburg

    Eyes of the Law, Ruth Bader Ginsburg, Supreme Court

    Is Justice Ginsburg A ‘Bad Jew’?

    An account of the Notorious RBG’s recent night out on the town.

    9 Comments / / Jan 12, 2015 at 12:45 PM
  • Andi Dorfman

    Morning Docket

    Morning Docket: 01.09.15

    * Per New York City’s gossip rag of record, an alleged “bed-pooping, cokehead” banker and his “alcoholic” wife were called out by the judge in their divorce case for involving their kids in a “horrible fiasco.” [New York Post]

    * For time infinitum, the structure of Wachtell Lipton’s billing was “cloaked in mystery.” Thanks to an errant fee agreement, however, we have an idea of what the prestigious firm charges for its “distinctive service.” [Am Law Daily]

    * Hey guys, Valentine’s Day is right around the corner, and there’s a newly single Bachelorette on the prowl. The lovely Andi Dorfman called off her reality TV stunt engagement. Perhaps the ADA will return to prosecuting cases? [E! Online via TODAY]

    * “We are in the end game on the freedom to marry for same-sex couples.” Later today, we may find out whether the Supreme Court intends to take up any of the same-sex marriage disputes that have been presented to it this Term. [Bloomberg]

    * It looks like the UNLV William S. Boyd School of Law is starting an LL.M. program in gambling law. Step right up, because we’re now taking bets to see whether this degree will be advantageous for its graduates in the job market. [National Law Journal]

    * California’s foie gras ban was recently struck down by a judge as an illegal encroachment upon the federal government’s regulatory domain. Please remember that while it’s delicious… it’s supposedly only “for assholes.” [San Francisco Chronicle]

    26 Comments / / Jan 9, 2015 at 9:01 AM
  • Ryan Park and his daughter, Caitlyn

    Kids, Supreme Court Clerks

    What Drove This Supreme Court Clerk To Become A Stay-At-Home Dad?

    Which justice did he clerk for? Why did he become a stay-at-home dad in the first place?

    23 Comments / / Jan 8, 2015 at 2:18 PM
  • Some guy. We have no idea what his name is and we certainly aren't going to write it.

    Non-Sequiturs

    Non-Sequiturs: 01.07.15

    * This editorial must have been so much fun to write. Local newspaper tees off on petty local politician who threatened to sue them for using his name without his permission. Like, in a story about him. Welcome to First Amendment 101, dude. Professor Volokh has some fun commentary. [The Frederick News-Post]

    * A new Congress gets down to business today, and they begin by proposing a solution to the biggest issue in America by floating a national abortion ban. Well, they have to talk about something now that Obama’s got the Dow around 18,000. [ThinkProgress]

    * Not really legal, but Archer’s back. Holly Anderson talks to the executive producer about this season. [Grantland]

    * Harold Hamm’s ex-wife rejected a $974 million check. I just want to know what purchase she wants to make that has her saying, “Eh, I’ve got to pass on that $974 million.” [The Oklahoman]

    * Keeping politics out of King v. Burwell is like making a Fast & Furious movie without Vin Diesel. Sure you can do it, but it’s gonna suck. [The New Republic]

    * What the future holds for “just-in-time” workers like Alex Rich. [Law and More]

    * The minds behind the Notorious R.B.G. meme have a book deal! And it’s a Justice Ginsburg biography. Bring it on. [New York Magazine]

    * David keeps on touring America talking about Supreme Ambitions (affiliate link) — and also much, much more (including revelations about his personal life). This time it’s an interview with WHYY in Philly. [WHYY]

    https://soundcloud.com/whyy-public-media/david-lats-supreme-ambitions-legal-blogs-and-the-supreme-court

    19 Comments / / Jan 7, 2015 at 5:36 PM
  • Chris Christie Governor Christopher Christie

    Non-Sequiturs

    Non-Sequiturs: 01.06.15

    * Governor Chris Christie was worried America didn’t realize he has no respect for his constituents and is a complete fake, so he’s publicly rooting for the Dallas Cowboys over any of the three teams real New Jersey residents root for. He’s also possibly violating ethics rules. [The Legal Blitz / ATL Redline]

    * Screech is going to trial. [Associated Press / Yahoo! News]

    * New dean at USC. Who is it? [USC Gould School of Law]

    * As the Supreme Court stares down the barrel of some highly political cases, will Chief Justice Roberts live up to his promise of non-partisanship? [Chicago Sun-Times]

    * Judge Richard Kopf reviews our own Mark Hermann’s book, The Curmudgeon’s Guide to Practicing Law (affiliate link). The verdict? It’s curmudgeon-y. [Hercules and the Umpire]

    * David appeared on MSNBC’s The Docket today to discuss Supreme Ambitions (affiliate link). [MSNBC]

    * The GOP is very, very against using the popular vote to elect a president which they characterize as an effort to “steal the presidency.” Seriously. [Concurring Opinions]

    16 Comments / / Jan 6, 2015 at 5:33 PM
  • Thomas Gilbert Jr.

    Morning Docket

    Morning Docket: 01.06.15

    * At the annual Association of American Law Schools meeting, Justice Ruth Bader Ginsburg handed out a delightful piece of marriage advice that she sometimes uses when dealing with her colleagues on the Supreme Court: “It helps to sometimes be a little deaf.” [National Law Journal]

    * Thomas Gilbert Jr., the man accused of killing his father — who just so happened to be the founder of the Wainscott Capital hedge fund — allegedly shot him to death over a $200 cut in his monthly allowance. This is why rich people can’t have nicer things. [New York Post]

    * Litigants on both sides of a First Amendment issue headed to SCOTUS are using a law review article penned by none other than Justice Elena Kagan in an attempt to influence all of the justices. See, people do read law review articles. [New York Times]

    * Musical chairs, dean-poaching edition: Fordham Law just named Matthew Diller as its new dean, but he’s still going to remain as dean at Cardozo until the end of the year. Let’s see how he tackles the school’s enrollment decline. [New York Law Journal]

    * Per a study conducted by the Institute for the Advancement of the American Legal System, law school graduates who participated in a practice-ready program fared better as attorneys than those who did not. Whoa, nice going. [WSJ Law Blog]

    19 Comments / / Jan 6, 2015 at 9:03 AM
  • Justice Antonin Scalia headshot

    Non-Sequiturs

    Non-Sequiturs: 01.05.15

    Bryan Garner Antonin-Scalia-Richard-Posner-Justice-Scalia-Judge-Posner-Bryan-A-Garner-300x105* Justice Scalia’s audition tape released including “rigorous mock hearings and jurisprudence drills, as well as a cold read from a randomly chosen amicus curiae brief.” [The Onion]

    * Jesus, Harvard professors are frigging babies. Now they’re complaining about Obamacare because they have to pay $20 co-pays… like everyone else in the world since seemingly forever. [Lawyers, Guns & Money]

    * Don’t try to blow up ATMs. [Lowering the Bar]

    * Professor Thane Rosenbaum reviews Supreme Ambitions (affiliate link). While he adds to the accolades, he also drops this curious description: “Think Bartleby, The Scrivener meets The Devil Wears Prada.” Um, “I prefer not to”? [Huffington Post]

    * It’s time for the Careerist Awards! [The Careerist]

    * Which law school in California provided the most “value add,” as measured by most improved bar passage rate over expectations? [TaxProf Blog]

    * Shearman & Sterling partner Richard Hsu’s continuing interview series sits down with another former Shearman attorney, Drew Shoals, now the drummer for Train. Otherwise known as “that band drunk 20-something white girls love.” [Hsu Untied]

    7 Comments / / Jan 5, 2015 at 5:29 PM
  • women SCOTUS justices

  • Business Professionals

    Affirmative Action, Law Professors, Minority Issues, Supreme Court

    ‘Affirmative Action’ In Law: The Four-Letter Phrase

    How come law professors avoid speaking about affirmative action? How come we as a society can’t civilly debate the merits of affirmative action?

    78 Comments / / Jan 2, 2015 at 11:18 AM
  • JGR

    Morning Docket

    Morning Docket: 01.02.15

    * In his year-end report, Chief Justice Roberts wrote about the high court’s belated adoption of the latest technological advances, but promised SCOTUS briefs and filings would be online… next year. [New York Times]

    * It’s been recommended that J. Michael Farren, the former White House lawyer who attempted to murder his ex-wife — a former Skadden Arps attorney — be disbarred in D.C. Apparently the bar considers a conviction for something like this a big no-no. [Legal Times]

    * Dzhokhar Tsarnaev’s terrorism trial for his involvement in the Boston Marathon bombings will begin in Boston on January 5, despite his legal team’s best efforts to avoid the inevitable. At least fangirls won’t have to travel to admire him. [Bloomberg]

    * Here’s one law prof’s thoughts on Harvard Law’s lame response to sexual assault complaints: “I believe … that Harvard University will be deeply shamed at the role it played in simply caving to the government’s position.” Well then. [WSJ Law Blog]

    * Remember the Idaho prosecutor who recited the lyrics to “Dixie” during closing arguments at a black man’s trial? The defendant’s conviction was overturned because the prosecutor “inject[ed] the risk of racial prejudice into the case.” [NBC News]

    * “People asked me what I want as an epitaph: He tried.” Mario Cuomo, the three-term New York governor and Willkie Farr alumnus who was once considered to replace Supreme Court Justice Byron White, has passed away. RIP. [New York Times]

    12 Comments / / Jan 2, 2015 at 9:06 AM
  • trophy gold

    Contests

    Above the Law’s 2014 Lawyer of the Year Contest: The Finalists!

    From distinguished to despicable, who should be Above the Law’s Lawyer of the Year for 2014? Please vote in our poll!

    12 Comments / / Dec 31, 2014 at 10:29 AM
  • Harvard Law School

    Morning Docket

    Morning Docket: 12.31.14

    * Per the Department of Education, Harvard Law sucks at handling sexual assault and harassment complaints. As it turns out, the DoE only found out about the misconduct because a faculty member from New England Law snitched on the Ivy League school. [Boston.com]

    * Everything’s bigger in Texas, including the penalties for pot possession. One state legislator wants to change that in the new year, and hopes his colleagues will puff, puff, pass his bill in favor of small civil fines instead of jail sentences. [VICE]

    * “If the court has been waiting until the country is more comfortable with gay marriage, they’ve waited long enough.” The first SCOTUS conference of 2015 will focus on gay marriage cases. It’d be fabulous if they took one. [Supreme Court Brief]

    * Latham and Fried Frank are going to be advising on Shake Shack’s initial public offering. Hungry attorneys working on the IPO will be disappointed to learn that their client doesn’t have any public offerings for consumption on Seamless. [Am Law Daily]

    * The bankruptcy trustee for the late, great, defunct firm of Howrey LLP keeps lining up big settlements for its remaining creditors. This time, Wiley Rein will contribute $1 million to the failed firm’s coffers. Howrey like dem apples? [Wall Street Journal]

    10 Comments / / Dec 31, 2014 at 9:00 AM