Supreme Court

* For all of you gearing up for the bar exam, take heart that failure isn’t the end of the world. At least if you fail with a last name like “Roosevelt” or “Kennedy.” [Buzzfeed]

* Hobby Lobby may be behind us, but there are still anti-ACA cases on the horizon. [The Advisory Board Company]

* Morning Docket noted Neal Katyal’s op-ed suggesting the Supreme Court was less divided these days. Consider this a detailed response. [mitchellepner]

* Thoughts on Kitchen v. Herbert. [Pollvogtarian]

* The great unpaid internship revolt is on. And based on Harris, we should expect the working stiff’s got a great chance here. [Capital New York]

* Some right-wing college paper is bent out of shape that a full law professor teaching one class (and running a clinic) is paid over $200,000. That salary actually doesn’t sound all that shocking. Now what would be interesting (though these folks probably wouldn’t care) is how that salary stacks up to his female colleagues’ pay. [The College Fix]

* Ever see Jimmy Kimmel’s “Celebrities Read Mean Tweets” sketch? Here’s video of professors reading mean evaluations… [TaxProf Blog]

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Today’s majority cannot resist taking potshots at Abood… but it ignores the petitioners’ invitation to depart from principles of stare decisis. And the essential work in the majority’s opinion comes from its extended (though mistaken) distinction of Abood… not from its gratuitous dicta critiquing Abood’s foundations. That is to the good — or at least better than it might be. The Abood rule is deeply entrenched, and is the foundation for not tens or hundreds, but thousands of contracts between unions and governments across the Nation. Our precedent about precedent, fairly understood and applied, makes it impossible for this Court to reverse that decision.

– Justice Elena Kagan, using her dissent in Harris v. Quinn to shore up the compelling case that Abood cannot be reversed. Which is going to be downright hilarious next term when the Court goes ahead and reverses it.

Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.

Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…

double red triangle arrows Continue reading “Hobby Lobby And The True Gangsta Life Of Justice Alito”

As we work on coverage of today’s opinions as I write this, let’s take a quick look back. In advance of this morning’s Supreme Court decisions, there were many thoughtful pieces on how the Court would rule. And most of those thoughtful pieces boasted equally serious and thoughtful headlines.

This was not one of them.

Indeed, this one was so bad, and yet so representative of the state of modern journalism, that it crossed the line into the dumbest headline ever….

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* “They aren’t required to hear it, but this is the major social issue of the day.” The Supreme Court will likely hear a gay marriage case soon, and it’ll obviously be a vehement 5-4 opinion. [NBC News]

* But is SCOTUS really so bitterly divided now? Here’s a fun fact: The justices agreed unanimously in 66 percent of this term’s cases, and the last time that happened was in 1940. [New York Times]

* A partner has left the luxuries of earning up to $4.8 million per year at Wachtell Lipton to start his own executive compensation boutique, which we understand is basically like seeing a unicorn. [Am Law Daily]

* The post-merger world at Squire Patton Boggs is similar to the pre-merger world in that partners are still being churned in and out of the firm every other day. Check out the latest ins and outs. [WSJ Law Blog]

* The Fourth of July is coming up, and you know you want to light up some fireworks. Sure, it’s illegal to sell them in your state, but here’s where you can travel to go to buy some to celebrate freedom. [Yahoo!]

– A screenshot of the answers to the New York Times crossword puzzle from earlier this week. Justice Elena Kagan is featured prominently in the puzzle’s 69 Across position. Per Professor Josh Blackman, Justice Kagan should consider this to be “one of the biggest nerd honors.”

We’re in the home stretch of October Term 2013 at the Supreme Court. After the final two opinions are handed down on Monday, the justices will scatter to the winds (and supplement their incomes with teaching, often in lovely European destinations).

During the month of July, the clerk classes will turn over. Each week, new clerks will arrive and outgoing clerks will depart — do pass go, do collect your $300,000. (Or more; we’re hearing rumors of possible upward movement this year; drop us a line if you have info to share.)

So now is a good time to look at the latest SCOTUS clerk hires. We have almost all the clerks for October Term 2014, plus a few new hires for October Term 2015….

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Exploding courthouse toilet = products liability attorney’s dream.

* Funny that SCOTUS just struck down a law imposing a 35-foot buffer zone around abortion clinics, yet it heavily enforces its own buffer zone. Some call it “supreme irony.” [WSJ Law Blog]

* Despite the slacking demand for legal services — down by 8.8 percent in terms of billable hours — members of the Am Law 100 still managed to keep their heads above water. [Am Law Daily]

* Lorin Reisner, chief of the criminal division of S.D.N.Y.’s USAO and Preet Bharara’s right-hand man on Wall Street convictions, is leaving for greener pastures at Paul Weiss. Congrats! [Reuters]

* New York State’s highest court has rejected New York City’s ban on gigantic drinks that was previously proposed by Mayor Michael Bloomberg. Go on, have yourself a nice Quadruple Big Gulp. [Bloomberg]

* When the long arm of the law flushes the toilet, it sometimes explodes, raining down jagged shards of justice. But on a more serious note, we’re happy no one was hurt at this courthouse. [Billings Gazette]

The Supreme Court ruled today in McCullen v. Coakley that a Massachusetts law creating a buffer zone around abortion clinics violates the First Amendment. The law criminalized standing on a public sidewalk within 35 feet of an abortion facility, with narrow exceptions for employee and law enforcement access. Eleanor McCullen, the lead plaintiff, is a grandmother in her late seventies who stood on sidewalks near clinics in order to initiate quiet, one-on-one conversations with women seeking abortions. The Court held today that the buffer zones created by the law burden substantially more speech than necessary to achieve the Commonwealth’s interests.

The Court was unanimous in its judgment that the law violates the First Amendment rights of anti-abortion speakers such as Eleanor McCullen. So, why is McCullen so disappointing to conservatives?

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* Watchcat! [Legal Juice]

* On a similar note, New York banning “Tiger Selfies.” When do they give out the Darwin Awards again? [Lowering the Bar]

* Are there lessons to be learned from the lawyer who applied for — and got rejected from — a paralegal gig? [Law and More]

* Have you ever seen a standup comic playing music during a set? Well, they’re doing it to prevent others — clubs, networks, etc. — from lifting their work and selling it as their own. Welcome to the world of standups and copyright. [The Legal Geeks]

* You already heard our take. Now for someone who took some actual time to think about what Noel Canning means. [Federal Regulations Advisor]

* The sexiest law firm in the world? [The Careerist]

* The Supreme Court is less conservative than we think. Let’s have a poll! After reading this, do you think SCOTUS is less conservative than you expected? After the jump…. [Washington Post]

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