Supreme Court
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Courts
Citing Down The Ladder
The Supreme Court utilizes lower court citations to support its positions even though they are non-binding and not even as persuasive as previous Supreme Court decisions. - Sponsored
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Morning Docket
Morning Docket: 09.28.23
* Democrats ask Clarence Thomas to recuse himself from case run by Koch attorneys because they’re under the mistaken impression that Thomas has any shame. [Law360]
* Adapting trial practice to persuade the TikTok generation. [DBR]
* Tanya Chutkan politely declines Trump’s bonkers demand that she leave the case. [Reuters]
* Former MLA recruiter’s bankruptcy estate pursuing sexual harassment claims. [American Lawyer]
* Just how much has Ron DeSantis cost Florida taxpayers? [New Republic]
* Law school routinely punching above its perceived weight class. [Bloomberg Law News]
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Courts
Elena Kagan Thinks It Would Be A 'Good Thing' For The Supreme Court To Have An Ethics Code
Who could possibly be holding up the Court's adoption of ethical standards? -
Morning Docket
Morning Docket: 09.25.23
* Justice Kagan goes on record that a Supreme Court ethics rule would be a good idea. Chief Justice Roberts cryptically responds with “ixnay on the orruptioncay.” [Courthouse News Service]
* Trump judge declares that drag shows are not protected expression under the Constitution. Originalism is a bankrupt legal concept, but if it means absolutely anything, I’d encourage these people to learn about Shakespeare productions. [Reuters]
* Divorce lawyer says Barbie, Beyonce, and Taylor Swift are causing more breakups. Weird what happens when women decide they have “agency” and “deserve respect.” [People]
* In a first, Indian Supreme Court case argued through sign language. [NDTV]
* Texas rule automatically stays orders if the AG’s office files an appeal. Everything’s bigger in Texas, including the breaches of separation of powers. [Texas Tribune]
* Arent Fox sued claiming unauthorized disbursements from escrow funds. [National Law Journal]
* Class cert granted for college athletes seeking an injunction against the NCAA for antitrust violations related to their name, image, and likeness rights. [Law360]
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Courts
Clarence Thomas Keeps Getting Caught With Mega Donors? Let’s Hit Him In His Pockets.
Funny that the ‘small government’ Koch brothers are so very close with government employees. -
Morning Docket
Morning Docket: 09.22.23
* Somehow they’ve managed to find even more undisclosed private air travel. This time taking Clarence Thomas to a Koch brothers event in a level of impropriety that a former W. Bush judge said, “takes my breath away, frankly.” [ProPublica]
* Clifford Chance opts for permanent hybrid work model while other firms choose alienation and extortion. [RollonFriday]
* Second Circuit decides Sam Bankman-Fried can wait in jail. [Law360]
* North Carolina Supreme Court justice Anita Earls spoke publicly about implicit bias in the legal system. After the judiciary commission ordered her to pre-clear future statements with them, she sued over the prior restraint and the federal judge chastised her for making the justice system look bad by talking about bias out loud. [Balls and Strikes]
* Having toppled admissions, right-wingers take aim at scholarships that might possibly help non-white people go to school. [Reuters]
* Judge upholds the right of private investors to put their money toward companies that match their environmental and social goals. [Bloomberg Law News]
* Profiling the folks chronicling the opaque Google antitrust case. [Wired]
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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… -
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Courts
Two Pieces To The Puzzle: Long Conference Petitions And Granted Cases For OT 2023
We are beginning to see a picture of what this coming term at the Court will look like. -
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Courts
Samuel Alito Isn't Going To Recuse Himself No Matter How Bad That Makes Him Look
A lifetime appointment means never having to say you're sorry. -
Courts
We've Entered The 'Hopes And Wishes' Phase Of SCOTUS Accountability
A judge loses their wig each time we get one of these half-baked commitments to change.
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Morning Docket
Morning Docket: 09.08.23
* Alabama’s open defiance of the Supreme Court’s election law ruling sets up a potential return trip to DC, with Republicans hoping they can flip Brett Kavanaugh this time. A new leak — which we’ll also never get to the bottom of — suggests Kavanaugh’s original vote was the product of lengthy negotiations with John Roberts. Is Roberts leaking this to shame Kavanaugh into remaining consistent… or is Alito leaking this to call Kavanaugh a cuck for respecting the Voting Rights Act? Both good guesses! [CNN]
* Speaking of Kavanaugh, he says that being a judge is like being an umpire. Though for colleagues like Thomas and Alito it seems to be more like being an NBA referee. Specifically Tim Donaghy. [Law360]
* Data privacy is a massive battleground for future legal tussles, but law schools are more interested in maintaining courses on who controls a whale carcass under admiralty law to bother teaching about data. [Legaltech News]
* Judge Pauline Newman releases her medical tests as the Federal Circuit continues its unconstitutional power grab to force her off the bench. Again, the judiciary should have term limits, but until it does this is a matter for the legislative branch. [Bloomberg Law News]
* In “dog bites man” news, Peter Navarro convicted on contempt of Congress charges. [Reuters]
* Eversheds lawyer apparently punched a banker for using a slur. This is toward the top of the lengthy list of reasons to punch bankers. [Roll on Friday]
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Courts
School Prayer Football Coach Quits On Team Because It Was Always All About Him
Supreme Court victor bails on the job he claimed he was fighting for... and no one is surprised. -
Courts
Ethics Complaint Filed Against Justice Samuel Alito Over Self-Serving Wall Street Journal Interview
Don't expect anything to be done about it. -
Podcasts
Amy Coney Barrett Wants Her Cake And To Enact Sweeping Constitutional Rewrites Too
Also, how to create a culture that welcomes Biglaw vacations. -
Morning Docket
Morning Docket: 09.06.23
* If Senator Whitehouse thinks John Roberts will take action after Sam Alito straight up admitted to breaching ethics rules, then he doesn’t know John Roberts! [Law360]
* Oregon Supreme Court voting on whether to become the first state in the modern era to offer a full apprenticeship path to the bar. [Reuters]
* GPT-4 wins a lawyering contest featuring various AI options, but still isn’t as good as humans. Kinda supercharges why states might want to find licensing pathways that don’t involve an algorithm gaming a test, huh? [New Scientist]
* Nationwide says it is not on your side if you’re accused of aiding in an abduction. [Law.com]
* John Eastman has failed to get out of his disciplinary proceeding on Fifth Amendment grounds. That was the obvious outcome, but if John Eastman accepted the obvious dictates of the law he wouldn’t be in this mess in the first place. [Bloomberg Law News]
* An interview with super agent Leigh Steinberg. [ABA Journal]
* CiteRight and Jurisage to merge as Canadian legal tech providers eye expansion. [Law.com International]
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Courts
Democrats Unimpressed With Clarence Thomas's Feeble Attempt At Transparency
The senator does not hold back.