Supreme Court
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Morning Docket
Morning Docket: 07.15.19
* President Trump had a hell of weekend on Twitter, where he implied that Democractic Congresswomen Alexandria Ocasio-Cortez, Rashida Tlaib, Ilhan Omar, and Ayanna Pressley — all women of color — weren’t American citizens and told them to “go back” to their home countries. [CNN]
* Federal prosecutors have now accused Jeffrey Epstein of witness tampering, alleging that the sex-trafficking defendant paid out six figures to buy the silence of those who could testify against him. [New York Times]
* Speaking of people related to Alex Acosta’s resignation as labor chief, Patrick Pizzella, formerly of K&L Gates legacy firm Preston Gates Ellis, an associate of Jack Abramoff who notably wasn’t charged and convicted of corruption, has been named as acting labor secretary. [Big Law Business]
* The D.C. Circuit didn’t really seem all that receptive to Trump’s attempts to block Congress from subpoenaing records from one of his accounting firms. Picture Judge Patricia Millett asking this with a raised brow: “When it comes to a president’s conflict of interest, there’s nothing Congress can do … to protect the people of the United States?” [Washington Post]
* How did Justice Clarence Thomas go from being a “Black Panther type” in law school to being the Supreme Court’s “conservative beacon”? [NPR]
* According to Citi Private Bank, law firm leaders are feeling a little less confident about the second half of the year, but no one is expecting a recession just yet. In fact, they seem downright “optimistic” about the rest of 2019. Yay! [American Lawyer]
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Government
Trump To Defy Court, Order An Illegal Census Be Taken
The Census is now an illegal document that should be thrown out, and the people who promulgate it arrested. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Morning Docket
Morning Docket: 07.08.19
* The 2020 Census case is officially moving forward as the DOJ attempts to “re-evaluate all available options,” and the judge on the case is allowing plaintiffs to focus on whether the Trump administration’s decision to add a citizenship question was “steeped in discriminatory motive.” [NBC News]
* And the lawyers who had been representing the administration in the case are being swapped out — which could mean that some of them were having legal or ethical concerns about their continued involvement. [Washington Post]
* “You know that woman is lying, don’t you?” According to a new book written by Mollie Hemingway and Carrie Severino, that’s what Melania Trump allegedly said to Donald Trump of Christine Blasey Ford’s Senate Judiciary Committee testimony against Justice Brett Kavanaugh. [New York Post]
* ““I do not regret my vote in the least,” says Senator Susan Collins in reference to her controversial vote to confirm Justice Brett Kavanaugh to the Supreme Court. She might regret it if that’s what gets her kicked out of her Senate seat… [The Hill]
* Billionaire playboy Jeffrey Epstein was arrested on Saturday and charged with one count of sex trafficking of minors and one count of conspiracy to engage in sex trafficking of minors, crimes which could could put him behind bars for up to 45 years. [New York Times]
* Reed Smith counsel Mark Goldstein imagined the worst case scenarios that could have happened after he told the legal world about his depression, but he was “heartened” by all of Biglaw’s progress in terms of lawyers’ mental health. [American Lawyer]
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Courts
House Democrats And Trump Both Willing To Piss On Constitution To Avoid Impeachment
We're asking the Supreme Court to wreck things in order to get/hide Trump's taxes. -
Morning Docket
Morning Docket: 07.03.19
* “Everyone in America counts in the census, and today’s decision means we all will.” The Justice Department has officially confirmed that in light of the Supreme Court’s recent decision, a citizenship question will not be added to the 2020 Census. [Washington Post]
* Has Justice Ruth Bader Ginsburg handed off the high court’s liberal torch to Justice Elena Kagan? Based on the fact that the Notorious RBG assigned the dissent in the partisan gerrymandering case, it sure looks like it. [NPR]
* Dozens of prominent Republicans plan to submit an amicus brief to the Supreme Court in support of a “common sense, textualist” ruling that the Civil Rights Act outlaws discrimination against LGBT people in the workplace. [New York Times]
* Allen & Overy and O’Melveny & Myers are still in merger talks, but this has been going on for more than a year now and it seems like it’s taking forever for anything to happen. [American Lawyer]
* Michael Avenatti, the Lawyer of the Year accused of bank fraud and embezzlement, is refusing to give up his desktop, iPhone, and iPad passwords to federal prosecutors in New York. [Big Law Business]
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Courts
Kavanaugh's Clerkship Quid Pro Quo Continues
Another Yalie gets a Kavanaugh clerkship after doing Kavanaugh a solid. -
Intellectual Property
'Foul' Ball II: Why The SCOTUS Decision On 'Scandalous' And 'Immoral' Trademarks Is Not What You Think
So you can register 'scandalous' and 'immoral' trademarks -- now what? Just because you can do something doesn’t mean that you should do it. -
Courts, Intellectual Property
Can A State Copyright The Law? SCOTUS Will Decide
What makes the case difficult is that the publication at issue falls in a grey area between two well-established lines of precedent. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Morning Docket
Morning Docket: 07.01.19
* In case you missed it, Senate Majority Leader Mitch McConnell said he’d be willing to entertain a Democratic president’s Supreme Court nominee in 2021 because it would be “politically unsustainable” to hold open a vacancy for so long — but that doesn’t mean there’d be a confirmation. [POLITICO]
* It’s sick that we need a federal court order to get this done, but… conditions for migrant children must be improved immediately at Border Patrol facilities in Texas because right now, they “could be compared to torture facilities.” [New York Times]
* A judge has permanently enjoined the Trump administration from diverting $2.5 million in military funds to construct a wall on the southern border. We imagine there will be some Twitter rant about “Obama judges” coming soon. [The Hill]
* October Term 2018 was pretty strange and we saw SCOTUS justices making strange bedfellows in their opinions, with Justices Gorsuch and Kavanaugh joining the high court’s liberals in the majority for one of the most FUCT-up cases. [NBC News]
* Hoping to open your own firm or join a small law firm after graduation from law school? If that’s the case, then you might be interested to know that average compensation in this area of the legal profession is down, with women earning incomes 36 percent lower than their male counterparts. [Law.com]
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Courts
You Can Thank Justice Kennedy's Retirement For The Supreme Court's Gerrymandering Decision
We'll continue to see the effects of his retirement on many important cases in years to come. -
Courts
Supreme Court Will Hear DACA Appeal, Just In Time For The Election
And here I thought they were going to dodge this. -
Morning Docket
Morning Docket: 06.28.19
* Apparently greenlighting partisan gerrymandering and severely undermining future protections against openly racist redistricting wasn’t enough. Conservatives are very angry that John Roberts questioned the Trump administration’s rationale for the census simply because there are actual documents that say, “we’re lying about this rationale.” [National Law Journal]
* How the legal academy could learn from the Harry Potter books. Mostly cheaper tuition. [ABA Journal]
* The firms that did the most winning at the Supreme Court this go around. [Law360]
* This case was a real s**t show. [Legal Cheek]
* NY judge says prominent attorney is ruining his reputation in battle with Justin Theroux over roof plots. [NY Daily News]
* Amidst everything else, Paul Manafort pleaded not guilty yesterday. [Courthouse News Service]
* The disturbing history of that statute Castro and Beto fought over. [Washington Post]
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Courts
Supreme Court Attempts To Lock-In Minority White Rule
By ruling political gerrymandering non-justiciable, the Court creates a way forward for the coming white minority.
Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
The Business Case For AI At Your Law Firm
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Courts
John Roberts Sends The Citizenship Question Back To Commerce For More Whitesplaining
We finally have a Supreme Court decision that recognizes that Donald Trump is the president. -
Intellectual Property
Fuct Yeah! The Supreme Court Addresses Scandalous Trademarks
For now, the PTO will be forced to register just about any mark thrown its way, regardless of content. -
Morning Docket
Morning Docket: 06.26.19
* After being subpoenaed, former special counsel Robert Mueller has agreed to testify in open hearings before the House Judiciary and Intelligence Committees on July 17. How rare that someone would actually comply with a Congressional subpoena these days! [Washington Post]
* “What are they hiding? Tell Joe Biden. Trump released his list. Why won’t you?” In case you missed it, a conservative legal advocacy group plans to spend big money on national ads demanding that 2020 Democratic presidential candidates release a shortlist of their potential Supreme Court nominees. [POLITICO]
* Harvard Law’s Pipeline Parity Project, a group that’s working to end mandatory arbitration among Biglaw firms, is going national. Now known as the People’s Parity Project, the group has expanded its mission and hopes to form chapters at least six other law school campuses. [Law.com]
* “It is time to do away with the stigmatization of women who challenge discrimination and harassment in their workplaces.” Three of the four women who were previously proceeding anonymously in their gender bias case against Jones Day have come forward to reveal their names. [Big Law Business]
* The latest high-dollar addition to the Yankees is Mike Mellis, formerly the top lawyer at Major League Baseball, who will slide into home as the Bronx Bombers’ executive vice president and chief counsel. [New York Law Journal]
* Timothy Thornton, CEO of 150-lawyer Greensfelder Hemker & Gale, RIP. [American Lawyer]
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Courts
The Bladensburg Cross Case Is A National Disgrace
Denying that forced extractions is a form of government coercion is madness enough, but the outright hostility shown by the Court to the objections of non-believers promises great trouble ahead. -
Courts
Elena Kagan Makes The Washington Racial Slurs A Little Less FUCT'd
Important First Amendment ruling from the Supreme Court is probably right, unfortunately. -
Morning Docket
Morning Docket: 06.24.19
* During an interview on NBC’s “Meet the Press,” President Trump falsely claimed that he “inherited” the policy of separating children from their parents at the border from President Obama, and later went on to defend the conditions that migrant children are being detained in, saying, “We’re doing a fantastic job under the circumstances.” [NBC News]
* The Supreme Court will soon be ending its October 2018 term, and there are still a dozen controversial cases yet to be decided. Which eagerly awaited ruling(s) will be released today? [Reuters]
* “So many D.C. lawyers are actors at heart. This is the drama of our time.” The Mead Center for American Theater is planning an 11-hour dramatic reading of the Mueller report. Several lawyers have signed up to read, but we wonder who will get to say Don McGahn’s famous lines. [National Law Journal]
* One woman may have settled her sex discrimination claims against Jones Day, but another just joined the gender bias class-action against the firm, bringing the total number of plaintiffs to eight. [Big Law Business]
* Cravath partners: They’re just like us! Damaris Hernández, who became the first Latina partner at Cravath in 2016, got her own profile piece on how she spends her Sundays published in the paper of record this weekend. [New York Times]
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Courts
Elena Kagan Is Not Too Thrilled About SCOTUS Trampling Precedents
This is the second time a significant precedent has been overturned this term.