Supreme Court
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Morning Docket
Morning Docket: 07.07.17
* Another day, another notable immigration ruling from the Ninth Circuit (by the great liberal lion, Judge Stephen Reinhardt, joined by his brilliant ideological protégé, Judge Marsha Berzon). [How Appealing]
* The sexual assault case against Bill Cosby, which previously ended in a mistrial after the jury deadlocked, will be retried in November. [Philadelphia Inquirer]
* Why do associates leave Biglaw, and what can be done to reduce attrition? Insights from NALP and from Major Lindsey & Africa’s Tina Cohen and Jennifer Henderson. [ABA Journal]
* Law firm merger mania continues — and much of the action is taking place abroad. [Law.com]
* Senator Kamala Harris, prominent prosecutor turned politician, might get interrupted on occasion — but she will not be stopped. [New York Times]
* Linda Greenhouse wonders about Justice Neil Gorsuch: “How could the folksy ‘Mr. Smith Goes to the Senate Judiciary Committee’ morph so quickly into Donald Trump’s life-tenured judicial avatar?” [New York Times via How Appealing]
* Senate Majority Leader Mitch McConnell acknowledges that the Republicans might not be able to repeal Obamacare right now — and that an interim solution might be needed. [The Hill]
* For interested readers, here’s the “origin story” of Above the Law, which turns 11 next month. [Yale Alumni Association of New York]
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Non-Sequiturs
Non-Sequiturs: 07.06.17
* Neil Gorsuch has already changed the Supreme Court for forever. [Rewire]
* Which attorneys/firms racked up the most SCOTUS wins in 2016? [Empirical SCOTUS]
* One small step back for Trump’s EPA, one giant step forward for breathing. [Ars Technica]
* Yes, it is a message to Donald Trump. No, he won’t listen. [Huffington Post]
* If only we had a system of laws that would prevent a company from buying their largest competitor and thereby decreasing competition in the market. [NPR]
* Scandals might change the media landscape. [Law and More]
* In every good lawyer there’s a little bit of Wonder Woman. [TaxProf Blog]
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Politics, SCOTUS, Supreme Court
Replacing Justice Kennedy: A Legacy-Defining Achievement For President Trump
The ramifications of a Gorsuch-like conservative replacing a Kennedy swing vote would reverberate for a lifetime.
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Morning Docket
Morning Docket: 07.06.17
* Are you taking the California bar exam? Would you like to know what subjects they’ll be testing on this time around? [Law School HQ]
* Shorter version of this Justice Stevens interview — Justice Gorsuch is great as long as you assiduously avoid learning anything about his jurisprudence. [Law360]
* Rob Kardashian leaked explicit photos of his former fiancée, Blac Chyna, on social media and she’s considering legal action. When you wonder why America is in decline, consider that this is what ABC News is covering. [ABC News]
* The Trump administration’s efforts to get its hands on all voting records has already ticked off state officials across the country, and now it has an opportunity to tick off a federal judge too! [National Law Journal]
* Former DOJ fraud lawyer Hui Chen describes what it was like to prosecute under the Trump administration. Spoiler: Not good. [NPR]
* Appellate attorney on a Jeopardy winning streak. I guess appellate lawyers are all about explaining what questions are being presented. [Law.com]
* Budgets are down, but in-house IP counsel are working harder, which seems patently unfair. [Corporate Counsel]
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Non-Sequiturs
Non-Sequiturs: 07.05.17
* Now that the Supreme Court Term is over, it’s time to take stock of SCOTUS. Writing in the Wall Street Journal, law professors Sai Prakash and John Yoo posit that the staunchly originalist Justice Thomas “might have found a fellow traveler in Justice Gorsuch.” [How Appealing]
* Speaking of the Journal, it’s the end of an era: the beloved WSJ Law Blog is no more (but note that the Journal’s stellar legal coverage will remain in the newspaper and online). [WSJ Law Blog]
* There’s an embarrassment of riches hen it comes to SCOTUS Term wrap-ups. The MoloLamken overview is always one of the best — and one of the most useful, for the many Above the Law readers representing big business as lawyers in Biglaw. [MoloLamken]
* And if you like your Supreme Court reviews live, check out this one tomorrow night at the 92nd Street Y here in New York, featuring an all-star cast of commentators: Dan Abrams of ABC News, Joan Biskupic of CNN, Dean Trevor Morrison and Professor Kenji Yoshino of NYU Law, and moderator Thane Rosenbaum, director of NYU’s Forum on Law, Culture & Society. [FOLCS]
* Will Chief Justice John Roberts’s recent speech at his son’s graduation go down in history as one of the best commencement addresses ever? [Jane Genova — Speechwriter-Ghostwriter]
* And where is the Chief Justice spending the summer? Like many of his colleagues on the Court, JGR is leaving the country (and given what D.C. is like in the summer, you can’t blame him). [The Economist]
* A piece by NPR’s Nina Totenberg over the long weekend reignited the Justice Kennedy retirement rumors (which I’ve thrown cold water on last year and again last week — but even I admit that AMK might retire around this time next year). [Daily Intelligencer / New York Magazine]
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Politics, Supreme Court
Is The Chief Justice Throwing Shade At Donald Trump?
The head of at least one branch of government knows that being a f*cking good sport is an important life skill. -
Morning Docket
Morning Docket: 07.05.17
* While it’s taken most justices about three to five years to get adjusted to life on the Supreme Court, it seems as if Justice Neil Gorsuch has already hit his stride over the course of just a few months. This gunner wrote one majority opinion, three dissents, three concurrences, and one statement during his first two months on the bench. [New York Times]
* DLA Piper — the first Biglaw firm to fall to a cyberattack — has finally restored its email service after five days of going without it thanks to being the victim of the worldwide Petya ransomware attack. The firm still claims no client data was compromised by the hackers who gained access to their systems. [ABC News]
* Ty Cobb of Hogan Lovells will reportedly be brought on to attend to Russia-related issues within the Office of White House Counsel. Cobb met with Trump last week, but wouldn’t offer any comment on his prospective role except to say that he was on vacation. Enjoy your time off while it lasts — working on Russia-related matters at the White House will certainly be no vacation. [Reuters]
* Harvard Law School has established an endowed professorship to honor the late Justice Antonin Scalia, who graduated from the school in 1960. According to outgoing Dean Martha Minow, the professorship is “especially meaningful” because the justice “had a great love of learning.” [Harvard Law Today]
* Overworked and
underpaidnever paid? Public defenders working as independent contractors in Massachusetts aren’t being paid in a remotely timely fashion. They sometimes go up to two months without receiving paychecks, and say that this has been going on for at least five years. [WWLP 22News] - Sponsored
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Supreme Court
Supreme Court Betting On New Jersey
The Supreme Court may soon bring sports gambling to any state that wants it. -
Morning Docket
Morning Docket: 06.30.17
* Philadelphia District Attorney Seth Williams pleads guilty to accepting a bribe, ending his ongoing federal corruption trial and his tenure as DA — and sending him straight to jail, since Judge Paul Diamond denied bail. [ABA Journal]
* The Trump administration moves forward on implementing the travel ban (and has reversed its earlier determination that being engaged to marry an American doesn’t count as “a bona fide” connection to this country). [New York Times]
* Colorado baker Jack Phillips, petitioner in the Masterpiece Cakeshop case that the Supreme Court will hear next Term, explains his refusal to bake a cake for a same-sex wedding. [How Appealing]
* DLA Piper, hit by a major ransomware attack earlier this week, endures its third consecutive day without email. [Law360]
* And DLA isn’t the only Biglaw firm with big weaknesses in cybersecurity, as Ian Lopez reports. [Law.com]
* Lawyer turned television host Greta Van Susteren has been let go by MSNBC (after just six months). [Vanity Fair]
* The tragic case of Charlie Gard comes to an end: the European Court of Human Rights declines to review prior court rulings refusing to let the terminally ill 10-month-old boy travel to the U.S. for experimental treatment. [Washington Post]
* Drs. John Eastman and Sohan Dasgupta break down the Trinity Lutheran case. [Claremont Institute]
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Lawyerly Lairs, Real Estate, SCOTUS, Supreme Court
Lawyerly Lairs: Justice Neil Gorsuch's House, On The Market For $1.7 Million
This house is handsome and conservative -- just like its owner, Justice Neil "Silver Fox" Gorsuch. -
Morning Docket
Morning Docket: 06.29.17
* Phone sex operators are suing over labor law violations. Because, fittingly, you’re not supposed to be able to f**k phone sex operators. [Law.com]
* The National Law Journal continues to milk its ability to count because that’s value add journalism! Today they count lawyers by city. [National Law Journal]
* A list of high profile pro bono matters that Biglaw firms have taken on. Does your firm make the list? [American Lawyer]
* Newly revealed FIFA report finds “appearance of improprieties.” Yes, awarding an athletic tournament to a country with 120 degree weather and a slave labor bid does appear improper. Glad we got to the bottom of that. [Corporate Counsel]
* Lawyers explain their travel hacks. [ABA Journal]
* Divorce lawyer is also a matador. This isn’t some kind of metaphor — he fights bulls. [Chicago Tribune]
* Nikki Haley becomes the latest official to run into Hatch Act trouble. [NPR]
* Justice Breyer is the most talkative justice on the Supreme Court. I wonder who’s the least talkative… [Law360]
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Politics, Ruth Bader Ginsburg, Supreme Court
Will Justice Ruth Bader Ginsburg Recuse Herself In The Travel Ban Case?
This could spell trouble...
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Morning Docket
Morning Docket: 06.28.17
* The First Amendment takes another knock: Sarah Palin is suing the New York Times for defamation. [New York Times]
* Prosecutors are taking on the blue wall of silence, charging three police officers in the allegedly coverup in the Laquan McDonald shooting. [Chicago Tribune]
* Nikki Haley may have violated the Hatch Act with an itchy Twitter finger. [NPR]
* Breaking down Donald Trump’s claims about the attorneys working with Mueller on the Russia probe. [Washington Post]
* The Trump administration’s media blackout could have implications for the Supreme Court. [The Hill]
* What were the sharpest dissents this Term? [Law360]
* Alabama was ordered to improve prison conditions for mentally ill inmates. [Jezebel]
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Non-Sequiturs
Non-Sequiturs: 06.27.17
* Antitrust laws are going strong... in the EU. [Huffington Post] * And antitrust might just be getting a little boost right here at home. [The Hill] * Trolling journos is a great way to kill democracy. [Forward] * Confused by the travel ban ruling? You're not alone. [Slate] * Marilyn Mosby is under attack. [The Root] * Trump could be hurting the perception of the American legal system. [Law and More] * Liz Warren is out in front on health care. [Salon] -
Supreme Court
Why Don't You Tell Us How You Really Feel About Justice Gorsuch
'Gorsuch is the worst kind of justice.' -
Family Law, Gay, Health Care / Medicine, Kids, SCOTUS, Supreme Court
Supreme Court Confirms 'Constellation of Benefits' For Same-Sex Couples
What do you call it when the law treats gay women worse than straight men, for no good reason? Unconstitutional. -
Morning Docket
Morning Docket: 06.27.17
* Jared Kushner has hired Abbe Lowell to
negotiate his plearepresent him in the Russia probe. [Reuters]* Jay Sekulow convinced poor and jobless people to donate money to a non-profit and then funneled millions back to his family according to documents obtained by The Guardian. This is why you don’t hire lawyers because you like how they look on TV. [The Guardian]
* What law firms had the best go of it before the Supreme Court? [Law360]
* Speaking of the Supreme Court, get ready for a showdown over SEC ALJs. Feel the excitement! [National Law Journal]
* Happy 125th birthday to Quarles & Brady. [Big Law Business]
* Avvo client-linking services now banned in New Jersey. Apparently dumping toxic sludge is better than paying a marketing fee in New Jersey. [ABA Journal]
* Former State Attorney arrested for naked mayhem in hotel. If I had a dime… [Tallahassee Democrat]
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Justice, Religion, SCOTUS, Supreme Court
Minority Of Court Would Rather Not Make A Federal Case Out Of Trinity Lutheran, A Federal Case
We're going to have to talk about a Footnote, but it's cool. -
Immigration, Justice, Supreme Court
Did Roberts Show His Hand On The Travel Ban?
Is bigotry constitutional, but moot?