Terrorism
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Technology
Encryption, Backdoors, And The All Writs Act Explained By John Oliver
The Last Week Tonight host tackles Apple's clash with the government over iPhone security with trademark wit. -
Privacy, Technology
We Read Apple's 65-Page Filing Calling B.S. On The D.O.J., So You Don't Have To
Apple lays out the battle lines in its bout with the federal government over privacy, law enforcement, national security, and hacking. - 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: 02.26.16
* Given the unusually “circus-like atmosphere” surrounding the Supreme Court confirmation process, anyone who is nominated to fill Justice Antonin Scalia’s seat must “have the backbone to take the risk of being out there in front of the recalcitrant Senate.” Nevada Gov. Brian Sandoval apparently didn’t have the testicular fortitude necessary for the challenging endeavor. [WSJ Law Blog]
* President Obama nominated Judge Lucy Koh (N.D. Cal.), the queen of Silicon Valley tech-industry and patent litigation, to the Ninth Circuit. Consider what’s likely to be her difficult confirmation a preview to the politically divisive process of getting Justice Scalia’s replacement a meeting before the Senate. [San Jose Mercury News]
* Of the current justices, Elena Kagan is the only one who has experienced the fallout of an eight-member Supreme Court. She clerked for Justice Thurgood Marshall when there was an almost eight-month vacancy on the Court, and may have learned how to avoid 4-4 decisions from Chief Justice William Rehnquist. [Big Law Business / Bloomberg]
* Apple wants to vacate an order compelling the tech giant to help the FBI unlock one of the San Bernadino shooter’s iPhones, noting “[i]f this order is permitted to stand, it will only be a matter of days before some other prosecutor, in some other important case, before some other judge, seeks a similar order using this case as precedent.” [The Hill]
* Johnson & Johnson may have suffered a $72 million blow in its loss in a case alleging links between talcum powder and ovarian cancer, but it doesn’t necessarily mean that other plaintiffs will come away from their talc-cancer cases with windfalls quite as large. They’ll still have to convince a jury that J&J’s products caused their illness. [Reuters]
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Technology
White House Is Either Lying About Apple Order Or Doesn't Understand What A Backdoor Is
The government effort to force Apple to break into one of its phones has spawned some double-speak. -
Benchslaps, Federal Judges
Judge Calls DOJ 'Sons Of Bitches' On The Record
If you want to see an unprofessional rant from a federal judge, here's the transcript of Judge Hughes berating a federal counterterrorism prosector in a hail of disrespect. -
Benchslaps
Brutal Benchslap Tags DOJ Prosecutors As 'Pretentious' And 'Inept'
Cranky judge rips federal prosecutors for "ineptitude" in his courtroom. -
Technology
Woman Files Ridiculous Lawsuit Against Twitter For 'Providing Material Support' To ISIS
Dumb, dumb, dumb, dumb. -
Non-Sequiturs
Non-Sequiturs: 01.04.16
* Guess what? Science says political incorrectness is an insincere sham. Sounds about right to me. [The Denver Post]
* How are Law and Order: SVU and law school exams the same? The both desperately try to wedge current events into their same old, boring fact patterns. In related news, expect both to soon feature the issue of spousal privilege when the wife of a celebrity accused of rape is forced to give testimony against him. [The Guardian]
* Can the Netflix show Making a Murderer actually lead to a pardon? Probably not, but it’ll make you feel better about the binge watching you did over the holidays. [Time]
* This is why China’s new counterterrorism law is terrifying for tech companies doing business there. [Slate]
* The ABA has released the full, school-by-school bar passage rates for 2014. Which school was the best? More interestingly, which was the worst? [Bar Exam Stats]
* Chief Judge Jonathan Lippman of the New York State Court of Appeals is retiring. He took a larger view of the law, where getting justice was not about money. [Guile Is Good]
- Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Racism
All Terrorists Should Be Treated Like White Terrorists In Oregon
Our government's response in Oregon is hypocritical, but that doesn't mean it's wrong. -
Non-Sequiturs
Non-Sequiturs: 12.28.15
* Fear eroding free speech rights is as dangerous as you might imagine. [Huffington Post]
* Remembering the space strike — this day in history. [Lawyers, Guns and Money]
* Lawyers are smart, but not smart enough to avoid being scammed. [American Lawyer]
* On the societal import of lawyers. [Guile is Good!]
* Remembering the humor Joe Jamail left us with. [Coverage Opinions]
* Social media is changing the nature of evidence at trial. [Global Legal Post]
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White-Collar Crime
The DEA's Delusion Of Post 9/11 Grandeur
When democracy changes its priorities, agencies have to make stuff up to justify their budgets. -
Guns / Firearms, Politics
In Defense of Guns… And Facts
Lost in the unsound rhetoric and facile reasoning around gun control are the facts, according to columnist Kayleigh McEnany. -
Non-Sequiturs
Non-Sequiturs: 12.04.15
* “MSNBC embarrasses itself inside San Bernardino attackers’ apartment. Un-freaking-believable, even for MSNBC. And why did the FBI allow this?” [Instapundit]
* The latest additions to the Supreme Court docket — will SCOTUS come to the rescue of Puerto Rico? [How Appealing]
* Judge removed from office for trying to pressure his clerk into having a “special friend” relationship. [Associated Press]
* Additional (and actually earlier) coverage of the “questionable entertainment” at a lawyers’ seminar in Las Vegas. [South Florida Lawyers]
* A $30 casebook? Where can law students sign up? [TaxProf Blog]
* Tips from Dan Binstock for how to get a signing bonus when you make a lateral move. [The Careerist]
* How can Asian-American lawyers break through the “bamboo ceiling”? A report from the GC roundtable discussion hosted by Major, Lindsey & Africa. [Corporate Counsel]
* Luis Salazar and Linda Jackson — founding partners of Salazar Jackson, an innovative new boutique firm — really (really, really) like their Post-it notes. [Daily Business Review]
* Stanford law professor Deborah L. Rhode, author of The Trouble with Lawyers (affiliate link), calls out Biglaw firms for their weak pro bono efforts. [Big Law Business / Bloomberg BNA]
https://youtu.be/9z7pLAEPs2c
Sponsored
The Business Case For AI At Your Law Firm
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
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Legal AI: 3 Steps Law Firms Should Take Now
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
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Racism
Lawyer Booted From Flight Over 'Misunderstanding.' His Clearly Iranian Name Obviously Has Nothing To Do With It.
The airline claims it had nothing to do with racism. That's probably not true. -
Non-Sequiturs
Non-Sequiturs: 11.24.15
* Sometimes lawyers really can do good work. Let’s try and remember that this Thanksgiving. [Guile is Good]
* More people against marriage equality are blatantly disregarding the law. [Slate]
* Honestly, does this sh*t even surprise you anymore? Ben Carson doesn’t know much about who actually wrote the Constitution. [Talking Points Memo]
* Score 1 for the First Amendment and the good folks at Cartoon Network. [Gawker]
* Does mass surveillance even work to stop terrorism? [Pacific Standard]
* How much should your law firm spend on marketing? [Law Reboot]
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Morning Docket
Morning Docket: 11.24.15
* The Second Circuit has scheduled oral arguments in the NFL’s appeal of the Deflategate case for March 3. Roger Goodell is going to be pretty pissed off that Tom Brady can deflate his balls without being disturbed by legal issues until after Super Bowl 50. [Reuters]
* Corporate partner Pierre Boivin of McCarthy Tetrault, a Canadian Biglaw firm, was one of the hostages who survived the Mali terror attacks last Friday. According to the firm, his friends, family, and colleagues are “tremendously relieved” that he’s safe. [ABA Journal]
* LexisNexis purchased litigation analytics company Lex Machina for an undisclosed sum, but rumor has it that the company’s asking price was $30 to $35 million. Its co-founder says the deal came close to those numbers. [Big Law Business / Bloomberg]
* Just in time for Black Friday online deals, a new Symantec report is out that says consumers are growing increasingly vulnerable to cybercrime. On that note, let’s get to know each other a little better. What’s your mother’s maiden name? [WSJ Law Blog]
* If you’re planning to take the LSAT in December and you still don’t have a game plan set out for how you’re going to manage your time while taking the test, you may have already screwed yourself. Best of luck! [Law Admissions Lowdown / U.S. News]
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International Law
6 Ways To Tell The Difference Between A Terrorist And A Refugee
If you are sitting at the table for five minutes and you can't spot the difference between the refugee and the terrorist, you are the terrorist. -
Social Media
Paris Attacks Demonstrate The Relevance Of Social Media
Social media brings us a whole new world. -
Politics, Racism
Lawyer Writes Stupid Defense Of Ignorance In The Wake Of Paris Attacks
Why do Americans grieving for Paris have such a hard time caring about victims in other countries? -
Morning Docket
Morning Docket: 11.17.15
* “[F]irms have increasingly turned to mergers in hopes that rubbing two coins together might create a third.” Per the chairman of Seyfarth Shaw, Biglaw firms that are facing stagnant growth must change ASAP or suffer the consequences. [Big Law Business / Bloomberg BNA]
* Given the recent terror attacks in Paris, many U.S. governors have threatened to stop accepting Syrian refugees within their states’ borders — whether they have the legal authority to actually refuse them, however, is another question entirely. [ABC News]
* The Department of Homeland Security will publish rules governing privacy protections concerning the use of drones. The world can’t wait to see the “best practices” the government recommends for spying on citizens without a warrant. [WSJ Law Blog]
* Mississippi College School of Law has decided to freeze its tuition for students entering in the fall of 2016. Incoming students will get to pay the low, low price of $32,040 (seriously, that’s low for tuition at a private school) for all three years. [National Jurist]
* If you want to put together a compelling admissions package when applying to law school, then during your college summers, you should work at a law-related internship instead of drinking all day and having fun. Sorry! [Law Admissions Lowdown / U.S. News]