Supreme Court

  • Michael Slager

    Morning Docket

    Morning Docket: 04.09.15

    * That was quick! It turns out that David Aylor, the lawyer who once represented Michael Slager, the recently fired South Carolina police officer charged with murdering Walter Scott, kicked his client to the curb when he saw the damning video of the shooting. [Daily Beast]

    * Everything’s bigger in Texas, including the number of federal weapons charges county court-at-law judges rack up in a single indictment. Seventy-year-old Judge Tim Wright faces up to 70 years in prison for allegedly selling guns illegally and trafficking them to Mexico. Yeehaw! [TWC News]

    * Hot off its merger with Dacheng last quarter, Dentons is kicking off the second quarter of 2015 by merging with McKenna Long & Aldridge. Thanks to back-to-back mergers, Baker & McKenzie is now second to Dentons in terms of attorney headcount. [WSJ Law Blog]

    * Warner Norcross & Judd refused to take up the defense of Michigan’s same-sex marriage ban before SCOTUS — but that didn’t stop the firm’s head of appellate litigation from getting involved. He’s now on a leave of absence from the firm. [National Law Journal]

    * For those of you who are interested, here’s the ABA Journal’s question of the week: “What was the first moment you knew you wanted to be a lawyer?” For many lawyers, the question can be answered thusly: “When I realized I couldn’t be a doctor.” [ABA Journal]

    16 Comments / / Apr 9, 2015 at 9:09 AM
  • money magnet

    Morning Docket

    Morning Docket: 04.07.15

    * Which Biglaw firm just raised its starting salary for associates? Will this be the beginning of a revolution? Don’t you wish your firm would follow this firm’s lead? We’ll have more on this exciting salary news later today. [Legal Intelligencer]

    * “With the decline of lawyers and law students, we were looking for new avenues to attract students.” William Mitchell Law may say its hybrid J.D. program was for its students’ benefit, but it was really only to put asses in seats — even digital ones. [CNBC]

    * It’s so hard to say goodbye to yesterday… when you’re a Biglaw partner trying to escape the terms of your contract by making a lateral move. Some firms are even holding capital contributions hostage to discourage partners from leaving. [Recorder via ABA Journal]

    * Potential penalties for Supreme Court protesters seem to be getting stiffer. Perhaps federal prosecutors are pissed about 99Rise’s persistence, because this time, members of the social justice group are facing jail time for “haranguing” our justices. [Legal Times]

    * According to the Administrative Office of the U.S. Courts, the U.S. District Court for the Southern District of Florida was the most productive federal trial court in the nation last year. When Flori-duh is kicking your ass, it’s time to reevalute your life. [WSJ Law Blog]

    9 Comments / / Apr 7, 2015 at 9:02 AM
  • Drone camera Small

    Non-Sequiturs

    Non-Sequiturs: 04.02.15

    * We’ve seen the future and it’s drones shoving commercialism down your throats 24/7. Get ready America! [DigiDay]

    * Federal judge mistaken for a maid because she’s black and everything is awful all the time. [South Florida Lawyers]

    * While everyone focuses on the Supreme Court, the fight for marriage equality is still raging in the state courts. [Huffington Post]

    * Yesterday marked the 45th anniversary of Attorney General Robert H. Jackson’s “The Federal Prosecutor” speech. Among many quotable admonitions against prosecutorial abuse: “While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst.” Perhaps he shouldn’t have given this speech on April Fools’ Day. [John Q. Barrett]

    * The New York Court of Appeals has upheld St. John’s Law’s decision to rescind the admission of a student who admitted that he’d pleaded guilty to possession because he’d been arrested for intent to distribute. But only after taking three semesters worth of his money of course. [Legal Profession Blog]

    * A law professor invites colleagues to break the mold of legal scholarship to build a “more authentic ethos.” In entirely related news, congratulations on tenure. [TaxProf Blog]

    9 Comments / / Apr 2, 2015 at 6:05 PM
  • Occupy Wall Street 4 Citizens United

    Non-Sequiturs

    Non-Sequiturs: 04.01.15

    * Protesters disrupt the Supreme Court to complain about Citizens United. Just two or three more of these and Alito is sure to break! [SCOTUSBlog]

    * In completely unrelated news, TV spending in the Supreme Court race in Wisconsin has now topped $600,000. No risk of corruption there. [Brennan Center For Justice]

    * Arkansas Governor Asa Hutchinson has, at the last minute, refused to sign a new RFRA after watching Indiana blow up its own economy over the same law. In other news, Indiana Governor Mike Pence received a delightful gift basket today this morning with the message, “Thanks for taking the hit on this one — Asa XOXOXO.” [New York Times]

    * Speaking of the RFRA kerfuffle, defending champion UConn is boycotting the Final Four in Indiana this weekend. Not qualifying for the tournament certainly helps. How about we hold off praising this “bold stance” until a team actually playing this weekend makes a symbolic show of support. [NBC Connecticut]

    * After a season of reading about cops brutalizing unarmed kids for no reason, there’s a project in Baltimore trying to get the police to better connect with teens. Anything would help. [Washington Post]

    * There’s a new .sucks domain name, more or less designed for the sole purpose of extorting money from companies and celebrities. I don’t see the problem, they extort money out of us all the time. [LXBN]

    * Cool new tech. It’s like Google Glass for transactional lawyers, designed to instantly identify and highlight key provisions. OK this is an April Fools gag, but their real product actually operates on the same principle. [Kira Specs]

    * Just because married couples can file jointly doesn’t mean they should. For that matter, just because couples can marry doesn’t mean they should. Think about it. [California Lawyer]

    * Richard Hsu talks with Guy Kawasaki, the Chief Evangelist of Canva, and former Chief Evangelist of Apple. Evangelists just in time for the holiday! [Hsu Untied]

    * What have we done? We wrote about a candidate for SBA President at the University of Miami School of Law with a cheesy campaign video and he won. And now he’s drunk with power. He’s instituting a mandatory dress code! His email is on the next page…

    Miami Law Family,

    First and foremost, congratulations to all of the newly elected Student Leaders. Today’s Passing of the Gavel ceremony was a huge success, and I look forward to working with you all during the upcoming school year.

    It is now time to roll up our sleeves and get to work. I recently surveyed a group of students about immediate issues they want the SBA to address. Without question, they felt that the biggest issue with the law school was that too many students wear flip flops and T-shirts to class. Thus, starting next Monday, April 6th, the SBA will be implementing a mandatory business casual/professional dress code for all full-time students. I know it may come as a shock, but my cabinet felt that this is a priority that needed to be addressed. We chose to make this our first order of business to demonstrate that we are here to work. This is clearly the first step to improve our bar passage rate, and I thank you for your understanding.

    I will be following up with you all later this week about upcoming SBA matters. I know you all had a nice break from me spamming your inbox, but I’m back and better than ever.

    Please see below for a detailed outline of what attire will be included/excluded from the mandatory dress code.

    Truly yours,
    Matt Deblinger
    President, Student Bar Association

    *
    **
    ***
    ****
    *****
    ******
    *******
    ********

    keep scrolling

    *********
    ********
    *******
    ******
    *****
    ****
    ***
    **
    *

    Oh, before I forget… THANK YOU to Outgoing SBA President Sara Solano. Miss Solano did a phenomenal job as President, and she left big shoes to fill, despite being much shorter than me. As for that mandatory dress code I mentioned….. April Fools!!! :)

    In all seriousness- I cannot wait to work with all of the SBA E-board members, SBA Senators, administrators, and the student organization leaders. There is an SBA meeting tomorrow, 4/2/15, at 12:30PM in F309, where we will be appointing our Speaker of the Senate and discussing next year’s SBA Budget. As always, time will be allotted for general student body comments. We encourage you all to attend.

    Your Student Leaders are going to be working hard to ensure that the 2015-16 school year will be one of the most successful year’s in Miami Law’s history. You’ve elected a great group of students.

    If you have any questions, concerns, or ideas– or simply want to grab Icees & appetizers with me– please do not hesitate to call/text me. It’s my job is to serve you, but at the end of the day, I’m equally your colleague and friend.

    Here’s to a good year,
    Matthew Ryan David Deblinger
    President, Student Bar Association
    University of Miami School of Law

    24 Comments / / Apr 1, 2015 at 5:54 PM
  • iStock_000016076940_Large

    Non-Sequiturs

    Non-Sequiturs: 03.31.15

    * The Supreme Court decided that government-issued GPS trackers violate 4th Amendment. My GPS device is my phone — can we get on protecting that? [Gizmodo]

    * More on the subtle differences between the Indiana RFRA and the post-Hobby Lobby landscape. Specifically, the Indiana Act’s provision on private suits, which are the subject of a circuit split at the federal level. [Washington Post]

    * Professor Jonathan Lipson reviews what ATL’s Converge conference had to say about the future of law. [The Temple 10-Q]

    * The Supreme Court doesn’t want to hear from ever lawyer under the sun on the marriage equality cases. The parties just announced their picks to make the argument. [Lyldennews]

    * Another day, another law student busted for sex with a minor. Maybe crim law needs to move up that age of consent lecture to day 1. [The Columbus Dispatch]

    * Up and coming Supreme Court challenges to Obamacare for everyone still raging against the dying of the light. [Washington Post / The Volokh Conspiracy]

    * Congratulations to Steven J. Harper, who is finally headed home from the hospital after a lengthy stay under apparently Kafka-esque conditions. [The Lawyer Bubble]

    8 Comments / / Mar 31, 2015 at 5:02 PM
  • Mike Huckabee

    Non-Sequiturs

    Non-Sequiturs: 03.30.15

    * Prospective presidential candidate and perennial president of the Elie Mystal Fan Club Mike Huckabee is proposing term limits for Supreme Court justices. Funny how this became a conservative cause célèbre as soon as the polls suggest they’re looking at 16 years of Democratic presidents. [L.A. Times]

    * Texas firm Cox Smith is merging with Detroit’s Dykema to create Dykema Cox Smith. This should rocket the new firm up the Am Law Top 200, but obviously we’re more excited about the new name. Heh heh. [My San Antonio]

    * Law360 named their top attorneys under 40. I assume all the ATL editors are on the list. I’d check myself, but Law360 is behind a paywall. [Law360 (sub. req.)]

    * Dewey still have partner refugees from a certain law firm’s collapse? [Bloomberg BNA / Big Law Business]

    * Duane Morris loses its corporate chair. Bad news piling up. [New York Law Journal]

    * Not everyone is Saul Goodman and when it comes to setting up a marijuana business; a lot of lawyers are keeping their distance. [That’s My Argument]

    * Here’s the cute way to announce new licensing terms. [Shutterstock]

    50 Comments / / Mar 30, 2015 at 5:02 PM
  • 220px-Antonin_Scalia,_SCOTUS_photo_portrait

    Non-Sequiturs

    Non-Sequiturs: 03.27.15

    220px-Antonin_Scalia,_SCOTUS_photo_portrait* That new Justice Scalia play we’ve been talking about is a delightful piece of fiction. And by “fiction,” we mean it portrays Scalia as nuanced and complex as opposed to the right-wing rubber stamp he’s become. [Slate]

    * A glossy firm website doesn’t quite match the reality of Google Street View. [Roll On Friday]

    * Texas wants to make it illegal for you to tape a cop beating. That’s ridiculous enough, but that’s not the end of the sentence. Texas wants to make it illegal for you to tape a cop beating… you. [Lowering The Bar]

    * Court rules that neighbor’s Wifi harmed the plaintiff. I suppose he could have mitigated any damage if he’d worn his tinfoil hat more often. [New Mexico Courts]

    * A fascinating, still updating Twitter feed recounting 5 months in lockup. It’s part of a promotion for a new ebook Life Locked (affiliate link). It’s like Orange Is The New Black with a lot fewer lesbians. [Life Locked]

    * Speaking of prisons, would feeding prisoners to lions really be much worse than the hellholes we currently keep them in? [Redline]

    * The new Miss D.C. U.S.A. is an Oklahoma City University School of Law grad. It’s a J.D. Advantage position. [Washington Post]

    * An essay has surfaced allegedly written by ATL mainstay Kyle Bristow’s soon-to-be ex-wife. She… doesn’t sound happy. [View from 206]

    * Conservatives have some issues with Loretta Lynch, but are they blowing one complaint wildly out of proportion? [WiseLawNY]

    20 Comments / / Mar 27, 2015 at 4:57 PM
  • Jobs questions

    Non-Sequiturs

    Non-Sequiturs: 03.26.15

    * WMU Cooley Law School wants you to know the legal job market is BOOMING! Never change, Cooley. [Cooley Law School Blog]

    * The NCAA expressed its concerns with Indiana’s new religious discrimination bill. Somehow the NCAA has the moral high ground. Huh. How did that happen? [Washington Post]

    * Judge grants motion to extend time… in verse. [Western District of Texas]

    * Do you love pre-1972 rock? So does satellite radio! Because it’s all about love and rebellion and not paying copyright royalties. [Managing IP]

    * Did this really need to be a CLE? Are we really abusing the “business casual” regime this much? This is why we can’t have nice things. [ABA]

    * Congressperson caught on tape executing the worst parking job ever. Lat’s take on this story: “Guess they don’t teach parking at Yale Law School.” [Roll Call]

    * Picking apart Better Call Saul’s take on RICO. [Foster PC]

    * If you’re looking for a hot tip for your Fantasy SCOTUS league, then scour confirmation hearing transcripts. Because Chief Justice Roberts either gave away his thoughts on the marriage equality cases. Or he coyly misled the Senate, but that never happens. [Slate]

    11 Comments / / Mar 26, 2015 at 4:59 PM
  • florida-state-outline

    Non-Sequiturs

    Non-Sequiturs: 03.25.15

    * Dildos and cock rings. Just another day for the Eleventh Circuit down in America’s wang. [Southern District of Florida Blog]

    * Everything you need to know about today’s Alabama redistricting decisions from Professor Rick Hasen. It’s a longer and more nuanced way to say “Pyrrhic victory.” [Election Law Blog]

    * The Supreme Court is way eloquent. [Lowering the Bar]

    * Looks like we already have a real-life example of what happens when white-collar industries adopt new technology. Enjoy unemployment! [Law and More]

    * Another scintillating legal debate coming up next week: do the President’s war powers exceed constitutional authority? [Intelligence Squared]

    * If you’re in Nashville, you can see Lat in person. It’s on April Fool’s Day, so start thinking of how you want to punk him. [Vanderbilt Law]

    * Harvard Law’s Lambda chapter kills its diversity amendment. Guess it was too much to hope a bunch of law students had solved de Tocqueville’s “tyranny of the majority” puzzle. [Harvard Law Record]

    * Another installment in David’s chat with Bloomberg. Lat compares some firms to Ferraris… I’m guessing he doesn’t watch much racing unless he meant to say, “some firms spend massive amounts of money to remain woefully second-rate to Mercedes and Renault.” [Bloomberg BNA / Big Law Business]

    https://www.youtube.com/watch?v=KoS0wdteBS0

    12 Comments / / Mar 25, 2015 at 4:57 PM
  • Official Photograph of Justice Anthony Kennedy

    Quote of the Day, SCOTUS, Supreme Court

    At The Supreme Court, All Bets Are Off

    Some offices bet on March Madness; Supreme Court justices bet on….

    33 Comments / / Mar 25, 2015 at 3:11 PM
  • Supreme Court pretty Small

    Morning Docket

    Morning Docket: 03.24.15

    * Justice Anthony Kennedy says that while the Supreme Court is trying to attract more minority law clerks, lower court judges have it easier because they can recruit from local schools. Some justices have an Ivy League addiction, and thus, a diversity problem. [Legal Times]

    * The next step in the confirmation process for Loretta Lynch, the lawyer who will someday be the first black woman to serve as U.S. attorney general, isn’t likely to occur until at least mid-April. Why the wait? SENATE SPRING BREAK, WOO! [Reuters]

    * Give me maple syrup, or give me death: According to legal experts from the National Constitution Center, even though Republican candidate Ted Cruz was born in Canada, he still counts as a “natural born citizen” who’s eligible to be president. [WSJ Law Blog]

    * Foley & Lardner partner Howard Shipley avoided a supreme spanking from SCOTUS over his submission of a garbled cert petition last year, but the high court took the opportunity to remind all lawyers to write “in plain terms.” [National Law Journal]

    * How badly do you want to go to a top law school? Exactly how desperate you are to feel the warm and gentle embrace of prestige? How hard can you gun? Would you be willing to take the LSAT three times? [Law Admissions Lowdown / U.S. News & World Report]

    47 Comments / / Mar 24, 2015 at 9:11 AM
  • Someone actually tried to arm wrestle this woman.

    Non-Sequiturs

    Non-Sequiturs: 03.23.15

    * Chicago Law grad went up to Alaska and challenged an Iditarod musher to an arm wrestling match. That’s when she broke her arm. This decision should trigger an automatic two-spot drop in the U.S. News rankings. [Alaska Dispatch News]

    * An interview with Keith Wetmore, former Chairman of Morrison and Foerster, diving into his childhood growing up in a funeral home. From working with one group of stiffs to another. [Hsu Untied]

    * The Howard Shipley saga has come to an end. [Wall Street Journal]

    * Ruh roh. Biglaw partner earns a hearty benchslap for deliberately misleading the court. You can’t do that — save it for the summer associates asking about having a family. [Legal Business]

    * California lawyer Matt McLaughlin continues his Quixotic drive to have the state execute all the gay people. Now we have a pithy name for his proposed amendment: “The Intolerant Jackass Act.” [Slate]

    * David talks to Bloomberg about why Above the Law hurts people’s feelings. It’s more diplomatic than my answer: because they’re soft. [Big Law Business / Bloomberg BNA]

    * A lawyer testifies to the state legislature about how great a right-to-work law will be… for his bankruptcy practice. Troll hard, my friend. [YouTube]

    https://www.youtube.com/watch?v=WwnwXFhKObI

    14 Comments / / Mar 23, 2015 at 5:02 PM
  • Ted Cruz can only dunk in his dreams.

    Morning Docket

    Morning Docket: 03.23.15

    * This would-be POTUS can’t jump? Ted Ruger, Penn Law’s new dean, used to hang out with Republican presidential candidate Ted Cruz during law school, and he’d “like to think that [their] legal skills far exceeded [their] mediocre basketball skills.” [Philadelphia Inquirer]

    * Why do we still need law schools considering the crisis in the legal academy? Please allow Noah Feldman of Harvard Law — an unbiased law professor — to explain why “law school is absolutely essential — not for lawyers with clients, but for our society as a whole.” [Bloomberg View]

    * Apparently there’s some major drama going down with regard to which attorneys will argue the same-sex marriage cases before the Supreme Court. It seems that no one wants to give up their 15 minutes of fame before the high court. Sigh. [National Law Journal]

    * These days, law schools are looking at more than their applicants’ GPAs and LSAT scores. Prospective law students now need to be “well-rounded and involved.” For what it’s worth, not minding going into debt is a helpful trait, too. [Omaha World-Herald]

    * Another day, another gender bias lawsuit in Silicon Valley: This time around, Tina Huang, a female software engineer who used to work for Twitter, is alleging that the company’s secret promotion process bypasses women and favors men. [CNET]

    42 Comments / / Mar 23, 2015 at 9:05 AM
  • saul

    Non-Sequiturs

    Non-Sequiturs: 03.19.15

    * A look at the ethical issues that arise when Saul takes a detour into “elder law.” [The Legal Ethics of Better Call Saul]

    * Guess the law firm whose D.C. managing partner just said, “You would be hard-pressed to find another law firm of almost 200 lawyers that gets less name recognition than we do.” [National Law Journal]

    * Everything is bigger in Texas — including the number of lawyers (300!) behind the effort to overturn the one-year suspension of prominent capital defense lawyer David Dow. [Slate]

    * Linda Greenhouse on the Supreme Court’s “identity crisis” on voting rights. [New York Times]

    * In defense of Pace Law’s “fire sale” for prospective students with strong GPAs and LSAT scores. [Jane Genova]

    * Congrats to Professor Will Baude on landing a regular gig for the New York Times! [Volokh Conspiracy]

    * Several members of the Philippine American Bar Association (PABA) took to television to discuss Supreme Ambitions (affiliate link), as well as PABA’s great work:

    https://www.youtube.com/watch?v=hMak8hayBOs

    11 Comments / / Mar 19, 2015 at 5:02 PM
  • Ruth-Bader-Ginsburg

    Ruth Bader Ginsburg, Supreme Court

    Justice Ginsburg Gets Best Shirt Ever For Her Birthday

    Justice Ginsburg is 82! And the E.D.N.Y. got her a little present that screams Brooklyn.

    41 Comments / / Mar 17, 2015 at 3:00 PM
  • Non-Sequiturs

    Non-Sequiturs: 03.12.15

    * When the judge starts quoting Monty Python, it means he hates you. [Lowering the Bar]

    * When a tax official died at the office, it took his co-workers two days to notice. To paraphrase Roger Sterling, “he died as he lived: surrounded by people who didn’t pay attention to him.” [TaxProf Blog]

    * What makes a client want to hire a particular lawyer? Is it Throwback Thursday pics of the lawyers as kids? No? These lawyers think it is. [Legal Cheek]

    * The “stop hitting yourself theory of statutory interpretation” is my new favorite canon. [Lawyers, Guns & Money]

    * Radio Shack is going under, which is the perfect time to ask: what if it was a HYDRA front all along? [The Legal Geeks]

    * If America wants to incarcerate fewer people, it needs to take a hard look at what it plans to do with violent offenders, because they’re a bigger part of the prison system than most realize. [PrawfsBlawg]

    * Today would be Jack Kerouac’s 93rd birthday. In case you wanted to imagine a life unchained from your desk, you should read some of his stuff. [What About Clients?]

    10 Comments / / Mar 12, 2015 at 5:07 PM
  • 16483244287_07863f767e_z-RF

    Supreme Court

    LEGO Supreme Court Justices Are A Real Thing

    Custom LEGOs of the women who’ve served on the Supreme Court are awesome and we want them.

    9 Comments / / Mar 10, 2015 at 10:11 AM
  • angry woman with phone

    Supreme Court

    The New Trick To Suing Your Phone Company

    The Supreme Court has waged war on class action suits, but there may be a workaround to take the telecom companies to court.

    18 Comments / / Mar 9, 2015 at 3:03 PM