University of Texas

John Roberts Chief Justice John Roberts* Does Chief Justice Roberts care enough about avoiding the appearance of partisanship that he’ll sink challenges to Obamacare? [Huffington Post]

* Wow. In 1938, they arrested a woman for wearing pants to court. [LA Times]

* LSAT takers were down AGAIN. It’s now down more than 40 percent since 2009. Maybe someday soon it really will be a good time to “Apply to Law School Now!” [Excess of Democracy]

* Don’t go to jail in Alabama. Just a general rule. [Mother Jones]

* Interesting. LexisNexis is partnering with Microsoft to create a cloud-based system for small law firms. [PR Web]

* The remains of famed athlete Jim Thorpe will remain in the Pennsylvania town where he was buried, ruled Judge Richard Caputo. His family wanted the remains returned to his birthplace. Even in death this guy is getting jerked around. [Associated Press via ABC News]

* Speaking of sports, Oklahoma State is suing New Mexico State alleging that its mascot looks “confusingly similar” to OSU’s mascot. There are only so many ways to depict a cowboy. Compare and contrast. [The Chronicle of Higher Education]

* Man Okie State is litigious all of a sudden. Oklahoma State is suing the University of Texas for poaching the former Cowboys Offensive Line coach to be the Longhorns’ Offensive Coordinator. I can see the deposition now. Imagined transcript after the jump…. [ESPN]

double red triangle arrows Continue reading “Non-Sequiturs: 10.23.14″

How did you spend your long weekend? I spent mine in the seventh ring of suburban hell: the big box stores. Summer associates probably spent theirs saying things like, “Look at all the money I have to spend on my long weekend; Biglaw jobs are GREAT!” Recent grads spent it in a fetal position: “The bar is coming. THEBARISCOMING. Gurgle gak Commercial Paper.”

Down in Texas, a more traditional star-spangled bacchanalia was momentarily interrupted by coup d’etat. Though, in fairness, overthrowing corrupt powers seems like the most traditional way to celebrate Independence Day…

double red triangle arrows Continue reading “Fourth Of July Power Grab: Law School Admissions Scandal Could Trigger President’s Ouster”

The Warhol maxim about media celebrity has worked its way into litigation with a pair of high-profile legal disputes over the late artist’s work. Fittingly for Warhol-related news, the cases both glitter with celebrity and elevate the most mundane items to the altar of contention.

In one case, world-famous pop culture icons are pitted in a case involving sex, betrayal, higher education, and art appraisal. In the other, parties duke it out over a frigging box. An ordinary, cardboard box. They say it’s worth $250,000 because… why not?

Warhol once said, “making money is art and working is art and good business is the best art,” and he’s now nodding approvingly as millionaires are running to courthouses to fight over pictures he drew half a century ago…

double red triangle arrows Continue reading “Andy Warhol Gives Everyone Their 15 Minutes In Court”


As I write this, some dating show called Baggage is playing out on my television screen. Northwestern Law alum Jerry Springer is hemming and hawing about some floozy’s hidden past. A drug counselor named Luke wearing a suede vest just introduced himself by saying he’s an “East Coast cat,” and then some fat boy opened his pitch by mentioning that he’s a gamer. This segued into a discursive bit on Luke’s love of gangster rap. Then the fat boy talked about how many online dates he’s gone on. All these men are dressed like amateur magicians.

This is all a way of saying that there’s a lot of terrible stuff on TV these days. Which is why it’s more important than ever that our nation’s celebrities fill the entertainment void with their sex tapes. It appears that this poverty of entertainment options is exactly what Chad Johnson had in mind when portions of his sex tape appeared online this past week.

The proud tradition that began with Pamela Anderson and then begat Kim Kardashian has now given us Chad Johnson. A football player who was last seen on a reality show has now given us real sex.

Let’s talk sports….

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Left to right: Eric Cuellar, a mysterious third man, and Justin Teixeira.

It seems that our coverage of Eric Cuellar and Justin Teixeira, two law students at Boalt Hall who have been charged with killing an exotic bird at a Las Vegas casino, has ruffled some feathers. Some readers believe that Cuellar and Teixeira been unfairly maligned in these pages.

In our coverage, we have repeatedly stressed that these two law students remain innocent until proven guilty. We have also cited positive comments about them that we’ve received from sources. For example, correspondents have praised Cuellar to us as “an upstanding guy and an excellent leader” and “a really nice guy.” They described the alleged conduct as out of character for Cuellar.

To some readers, however, these comments have not been enough. They’ve written to us with further testimonials in favor of the defendants, to which we now turn….

double red triangle arrows Continue reading “In Defense of the Alleged Berkeley Bird Murderers”

Left to right: Eric Cuellar, mystery man, and Justin Teixeira.

The story of Eric Cuellar and Justin Teixeira, two law students at Boalt Hall who have been charged with killing an exotic bird at a Las Vegas casino, has taken flight. It has made national and international headlines.

Given the intense public interest, we will continue to cover this flap. Keep reading for Berkeley Law’s reaction to the charges, tidbits about Teixeira and Cuellar from people who know them, and details from the arrest report — including mention of a mysterious third man….

double red triangle arrows Continue reading “The Accused Berkeley Bird Beheaders: The Arrest Report, The Dean’s Reaction, and More”

Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.

Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).

That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.

What did Messrs. Clement and Goldstein have to say about OT 2012?

double red triangle arrows Continue reading “A Preview of the Upcoming Supreme Court Term (OT 2012)”

October first is the start of the new Supreme Court term!

If, like many readers, you’re a few years out of law school, this may strike you with a mild sense of dread. You remember the heady days of law school when you followed every argument, opinion, and cert grant from One First Street Northeast with an excitement rivaled only by your enthusiasm for the starting salaries for first-year associates.

Alas, the years since law school haven’t been kind to your pants size or your level of engagement with the Supreme Court.

Now, I suspect, you worry that soon — at a family dinner, dropping off your kids at preschool, or anywhere else you interact with non-lawyers — someone will recognize that you are a lawyer, and ask you what to make of the new Supreme Court term.

You have three options for how to deal with this, now, before the media frenzy over the new Supreme Court term starts.

First, you can admit to yourself that you’re no longer the gunner you used to be. You can tell people that just don’t follow the Supreme Court anymore, since you’ve gotten really interested in your exciting new life doing document review for a municipal bond arbitration.

But you’re not going to do that. If you were that good at being honest with yourself, you aren’t likely to be the kind of person who went to law school in the first place.

Second, perhaps, you can wade through the volume of information out there about the new term. Go through SCOTUSblog with the same passion you now spend tracking whether your friends from law school have better careers than you do. Maybe go to one of the OT 2012 preview events that clog every convention hall and small town library starting in mid-September.

That takes time and energy. Tom Goldstein sometimes uses really long paragraphs, and you really wanted to spend more time Googling for topless pictures of Kate Middleton.

Instead, you could let me to one of those events for you. For the truly efficient, follow the jump, sit back, and enjoy Kaiser’s Guide To Bluffing Your Way Through Knowledge About the Supreme Court’s New Term to Non-Lawyers….

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Let's see them talk their way out of this.

The U.S. News law school rankings are out, which means it’s open season on law school deans. Nothing puts a law school dean’s job in jeopardy like a fall in the law school rankings. Nothing. The law school deans can lie, dissemble, raise tuition to backbreaking levels, and still keep their jobs. But when law schools drop spots in the U.S. News rankings, law school deans start updating their résumés.

If you want proof, just look at how deans from schools that dropped are falling all over themselves to explain their results. The deans will say anything; their explanations don’t even have to make sense.

While deans from schools that dropped are trying to save themselves, deans from schools that went up in the rankings are crowing from the rooftops.

Let’s start with a school that we left out of our Most Honest Law School bracket that is now a rankings darling…

double red triangle arrows Continue reading “Early Reactions to the U.S. News Rankings: Deans and the Excuses They Make”

I called it, but it wasn’t a hard call to make.

Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, I said they were openly begging for a right-wing Supreme Court to review and overturn their ruling.

It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection.

I’m sure that last part is just coincidence though….

double red triangle arrows Continue reading “SCOTUS Grants Cert in Affirmative Action Case: ‘Cause It’s an Election Year and They Like Power’”

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