Supreme Court

Justice Stephen Breyer

On Friday, the National Archives unsealed a fifth batch of Clinton Administration presidential papers. The documents were originally released by the William J. Clinton Presidential Library in Little Rock. Let’s get these pesky papers out of the way before Hillary Clinton, author of a new memoir (affiliate link), launches her presidential bid.

The latest papers contain some juicy tidbits for legal nerds. For example, as noted in Morning Docket, then-Judge Stephen Breyer got dissed as a “rather cold fish” while being considered for a Supreme Court seat (the seat that ultimately went to Justice Ruth Bader Ginsburg).

The papers contain candid assessments of Justices Breyer and Ginsburg, as well as other fun nuggets. Here are some highlights:

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A rather cold fish.

* If you’ve ever wondered what’s being said about Supreme Court justices during the vetting process, we’ve got a great one-liner about Justice Breyer, who’s apparently a “rather cold fish.” Oooh, sick burn. [Wall Street Journal (sub. req.)]

* The NLJ 350 rankings are here, and this is where we get to see the big picture about the big boys of Biglaw. In 2013, it looks like headcount grew by 3.9 percent, which is good, but not great, all things considered. Meh. [National Law Journal]

* A Wisconsin judge is the latest to give her state’s ban on same-sex marriage the finger, and she did it with flair, noting in her opinion that “traditional” marriages throughout history were polygamous. [Bloomberg]

* The Ed O’Bannon antitrust case against the NCAA is going to trial today before Judge Claudia Wilken. Since it could change college sports forever, here’s everything you need to know about it. [USA Today]

* According to the Bureau of Labor Statistics, the number of those employed in the legal sector is at its lowest level since the beginning of 2014, with jobs still being shed. Welcome, graduates! [Am Law Daily]

* UC Irvine Law has finally earned full accreditation from the American Bar Association. We’d like to say nice work and congrats, but we’re pretty sure the ABA would fully accredit a toaster. [Los Angeles Times]

Ten years is a long time. Ten years can take a kid from birth to fourth grade. I wrote my first blog post ten years ago yesterday; it feels like a lifetime ago.

What does a decade mean in the career of a Supreme Court clerk? One law professor has done some stalking of research into the SCOTUS clerk class of October Term 2004 and what they’re up to today. Here’s what he found out….

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There are lots of forms of purchase and exchange that we criminalize, for example, buying sex. We don’t say if someone wants to purchase the services of a prostitute, well that is just an expression of their speech.

– Professor Jamie Raskin of American Law dropping logic bombs all over Citizens United. Professor Raskin — who is also a politician himself — goes on to explain that the Supreme Court’s jurisprudence offers zero explanation why bribery is illegal but unlimited donations are not.

* The Supreme Court won’t be blocking gay marriages from occurring in Oregon pending an appeal. Maybe it’s because the request wasn’t filed by the state, or maybe it’s because Justice Kennedy is the man. [National Law Journal]

* “To err is human. To make a mistake and stubbornly refuse to acknowledge it — that’s judicial.” This Ninth Circuit judge wants his colleagues to get over themselves. Please pay attention to him, SCOTUS. [WSJ Law Blog]

* Cheerio mates! As it turns out, according to a recent stress study, lawyers at Magic Circle firms in Merry Olde England are more miserable than their American colleagues. [The Lawyer via The Careerist]

* Donald Sterling dropped his $1 billion lawsuit against the NBA and agreed to the sale of the Clippers to Steve Ballmer for $2 billion. Lawyers for Skadden have been sent back to warm the bench. [Bloomberg]

* In a surprise move, InfiLaw pulled its application for a license to run Charleston Law into the ground the day before a vote was supposed to be held. At least the opposition won this battle. [Post and Courier]

* The Yale Law School Clinic is representing a deported Army veteran seeking a pardon and humanitarian parole. Check it out: experiential learning can be beneficial for everyone involved! [Hartford Courant]

Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

* Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

* Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

* Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

* Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

* The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

* A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

* An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

* The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

* Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

* This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

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Look, if I’ve got to get your eyes to my penis to see the problems with the nation, then so be it.

I want a major TV network. I want [a] 90-second spot on a major network during prime time. Yes, if you were from CNN and you said Anderson Cooper will air you tonight, I would pack up my signs and leave. Mission accomplished.

Brian Zulberti, in comments made to a reporter for the Washington Post, a publication that wasn’t worthy enough for him to eat. Zulberti is on day three of his Supreme Court hunger strike to raise awareness of social media firings.

* Dan Marino was suing the NFL over concussions, becoming the highest profile former player to level a suit against the league. Among his allegations, he claims concussions led him to hold that ball laces in for Ray Finkle. Why do I say “was,” you ask? Because he claims he filed suit accidentally. No greater proof of the dangers of concussions necessary. [Awful Announcing]

* The Supreme Court used to gather in the basement and watch porn together according to Larry Tribe (affiliate link). Best anecdote is Justice Marshall narrating porn to the nearly blind Justice Harlan. You can spoil the ending for Justice Harlan here. [Washington Post]

* It turns out the Brits have their own obsession with law school rankings. Here’s their “league table” for a legal education. [The Guardian]

* You know not to wear a bikini to the firm pool party, but what should you wear to the other summer events? [Corporette]

* An article ponders when firms are going to figure out that recent law school grads are perfect paralegals. Thanks for that kick in the gut. [New Geography]

* Following up on an older story, the Fifth Circuit has withdrawn a ruling made in 2007 upon revelations that one of the judges involved had a financial interest in one of the parties. [Center for Public Integrity]

* Do we need more reasons why Bitcoin is stupid? Ah, it’s used in messy divorces to hide assets. Perfect. [Digital Journal]

* Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments. [Huffington Post]

* From the SUNY Buffalo commencement, Judge Thomas Franczyk and graduate Joey Nicastro took the stage to perform a song for the occasion. Francis Malofiy is already planning to sue them. Video below….

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Congrats, professor, but Malawi’s law stinks.

* “I don’t think the government should be in the credentialing business.” Thanks to the whims of politicians, SCOTUSblog is having trouble getting media credentials to continue its coverage of the Supreme Court’s cases. [New York Times]

* How you like me now? In Redeeming the Dream (affiliate link), a new book co-authored with David Boies, Ted Olson says he experienced “some blowback” when he announced he was taking on the Prop 8 gay marriage case. [WSJ Law Blog]

* Steve Davis and Steve DiCarmine of failed firm fame think it’s “unfair” they have to defend themselves in a criminal case and an SEC case at the same time. They want the SEC case to be halted. Dewey think the judge will say yes? [Law360 (sub. req.)]

* Back in 2011, Pillsbury decided to ship its back-office operations to Nashville, and now it’s hiring a small contingent of lawyers to work there. FYI, an Ivy League degree may not be necessary. [Washington Post]

* Only in Florida would a judge allegedly challenge a public defender to a fight out back during a hearing and start throwing punches. We’ll definitely have more on this fiasco later today. [WFTV Eyewitness News]

* Peter Mutharika, a former law professor who taught at Washington University in St. Louis Law for about 40 years, is now the new president of Malawi, where it’s illegal to fart. Congrats! [St. Louis Post-Dispatch]

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