Voting Rights Act

  • Antonin Scalia, Biglaw, Canada, Department of Justice, Election Law, Gay, Jed Rakoff, Law Professors, Law Schools, Morning Docket, Native Americans, Partner Issues, S.D.N.Y., SCOTUS, Supreme Court, Wall Street

    Morning Docket: 12.17.13

    * Despite his hatred of 3L classes like “Law and Unicorns,” Justice Scalia believes that the third year of law school is necessary — perhaps a necessary evil, but still necessary. [Memphis Daily News]

    * “[T]his excuse — sometimes labeled the ‘too big to jail’ excuse — is disturbing, frankly….” The eminently quotable Judge Rakoff is at it again, this time with harsh words for the DOJ. [New York Times]

    * According to the latest survey from Citi Private Bank’s Law Firm Group, managing partners think that 2014 will be better than 2013. This means bonuses will be the same next year. [Am Law Daily]

    * Attorneys from Wiley Rein are fighting for $2 million in fees in the wake of their SCOTUS win in the Shelby County Voting Rights Act case. The firm’s quest has been called “absurd.” [National Law Journal]

    * “The record is utterly devoid of any evidence of criminal intent or intentional misconduct.” It turns out that Guy Lewis and Michael Tein, the attorneys accused of malpractice by the Miccosukee Indians, weren’t bad after all. [Daily Business Review]

    * Rather than pegging its value at $1 million, a professor from a fourth-tier law school is promoting the “non-economic value” of a law degree. Can “cultural capital” repay your loans? [WSJ Law Blog (sub. req.)]

    * “[N]o law school in Canada should be allowed to weed out gay students.” Too bad. Trinity Western University, the law school that bans gay “sexual intimacy,” received preliminary approval. [Globe and Mail]

    * Law school specialization and you: follow these three simple steps to help you decide which niche you’ll be unable to find a job in after you graduate. [Law Admissions Lowdown / U.S. News & World Report]

  • 3rd Circuit, Biglaw, Cellphones, Crime, Deaths, Department of Justice, Election Law, Eric Holder, General Counsel, In-House Counsel, Microsoft, Morning Docket, New Jersey, Partner Issues, Patton Boggs, Texas

    Morning Docket: 08.23.13

    * Even the election law controversies are bigger in Texas. The Department of Justice is currently planning to intervene in one lawsuit and file another against the Lone Star state over its voter identification law and redistricting plans. [National Law Journal]

    * Here’s an especially helpful ruling for people who have been living their lives without landlines (so, basically everyone). You can gratefully thank the Third Circuit for allowing you to block those annoying robocalls on your cellphones. [Legal Intelligencer]

    * Well, that was quick — a Biglaw pump and dump, if you will. After only a year, David M. Bernick, former general counsel of Philip Morris, is leaving Boies Schiller and will likely be taking a position at Dechert. [DealBook / New York Times]

    * “[L]ife got in the way.” Who really needs loyalty in Biglaw these days? More than half of the nearly 500 associates and counsel who made partner in 2013 started their careers at different firms. [Am Law Daily]

    * Another one bites the dust. John McGahren, the New Jersey managing partner of Patton Boggs, just resigned from an office he opened himself after some major attorney downsizing. [New Jersey Law Journal]

    * “In a community of 98,000 people and 640,000 partners, it isn’t possible to say there will never be wrongdoing.” Comforting. Microsoft is under the microscope of a federal bribery probe. [Corporate Counsel]

    * Ronald Motley, a “charismatic master of the courtroom” who founded Motley Rice, RIP. [WSJ Law Blog]

  • Bar Exams, JPMorgan Chase, Non-Sequiturs, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Non-Sequiturs: 08.19.13

    * Most folks think the police overreacted by issuing a civil disobedience warning for a 3-year-old girl, but those people need to watch Children of the Corn. [UPI] * Speaking of the Brits, authorities detained Glenn Greenwald’s partner (interestingly, Greenwald’s partner is named Miranda) for nine hours and “confiscated his computer, phone, camera, memory stick, DVDs and video games” while passing through Heathrow. Wow, this is the sort of thing that might make Greenwald mad at the surveillance state. [ABA Journal] * A detailed analysis of confidential sources. I’m pointing this out to publicly clarify that ATL keeps its tipsters confidential unless they specifically ask to be cited. So feel free to tip away! [Talking Biz News] * Tales of Ted Cruz as a young man. So we’re calling parliamentary-style debate “debate” now? OK. [Daily Beast] * Professor Rick Hasen examines North Carolina’s new voter suppression law and how it proves that the country still needs the Voting Rights Act. [Slate] * Maybe bar exams should write better questions that actually cover all the material candidates have to learn. Personally, I was just fine not having to memorize a lot about New York commercial paper law. [Ramblings on Appeal] * The tale of a wealthy couple evading the law. The article describes the story as an “arthritic version of Steve McQueen and Ali MacGraw in The Getaway, perhaps, moving at nursing-home speed.” Hollywood just found a plot for Expendables 4. [Seattle Weekly] * The government’s obsession with FCPA enforcement has bit JP Morgan over hiring the children of Chinese officials to woo business. [Dealbreaker] * Chief Judge Michael P. Mills of the Northern District of Mississippi weighs in on a copyright suit between the estate of William Faulkner and Woody Allen. The judge is apparently not a fan of Sharknado because he has no soul. Video of the quirky conflict after the jump…
  • Baseball, China, Clerkships, Craigslist, Janice Rogers Brown, Law Schools, Non-Sequiturs, SCOTUS, Supreme Court, Texas

    Non-Sequiturs: 08.09.13

    * This gem of a listing just showed up in the “legal/paralegal jobs” section of Craigslist. Be sure to send a “nude picture” with your résumé! Perhaps someone has been watching too many Maggie Gyllenhaal films. If it gets taken down a screenshot is here, and the klassy alternative picture in the listing is here. [Craigslist] * From the “no good deed goes unpunished” department, Georgetown Law has figured out how to bilk taxpayers into covering the costs of increasing tuition. The federal government forgives law school debt for those in the public sector if they agree to make an income-based payment. Georgetown is covering those costs, passing it on to future students (who also won’t be paying it back), and then encouraging students to shelter income to guarantee the school comes out ahead. This is why we can’t have nice things. [Wonkblog / Washington Post] * The always outspoken Judge Kopf shares his thoughts on Shon Hopwood’s selection as a clerk for Judge Janice Rogers Brown. Judge Kopf sentenced Hopwood to 147 months in the 90s. [Hercules and the Umpire] * A delightful “man bites dog” story: a bank didn’t read a customer’s amendments to a credit card application before issuing him a card and went to court whining about how hard it is to pay attention to the fine print. Boo hoo hoo. [The Telegraph] * How to deal with your mistakes. This only applies to associates, though. Partners have two steps: (1) find an associate; (2) blame the associate. [Associate's Mind] * Everything’s bigger in Texas, including their misreading of the Supreme Court’s precedent. [Election Law Blog] * China is way serious about prosecuting corruption. [Legal Juice] * The Mets muscle man whose comic inability to open a water bottle went viral on YouTube is actually a lawyer from White Plains. If you haven’t seen the clip yet, it’s after the jump. Watching the water bottle battle is the only excuse for subjecting yourself to a Royals-Mets game…
  • 5th Circuit, American Bar Association / ABA, Biglaw, Cellphones, Constitutional Law, Election Law, Eric Holder, Gay Marriage, Headhunters / Recruiters, Health Care / Medicine, Law Schools, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 07.31.13

    * Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]

    * The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]

    * The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]

    * Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]

    * The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]

    * Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

  • 9th Circuit, Antitrust, Biglaw, Bloomberg, Election Law, Eric Holder, Food, Gambling, Gambling / Gaming, Non-Sequiturs, O.J. Simpson, Women's Issues

    Non-Sequiturs: 07.25.13

    * This afternoon, O.J. Simpson pleaded with the parole board in Nevada. For now, the Juice is still on ice. [USA Today] * Four South Korean firms allegedly fixed the price of ramen noodles for over a decade. You mean that s**t can be cheaper? [Courthouse News Service] * Do you want to make sure the NSA can’t read your email? Join the NSA! [Lowering the Bar] * Eric Holder is going forward with efforts to halt the new Texas voting requirements pursuant to the bail-in procedure. But how will he ever prove a substantial history of constitutional violations in Texas? [The Volokh Conspiracy] * The Ninth Circuit has affirmed Judge Dolly Gee’s earlier denial of Fox’s request for a preliminary injunction against Dish Network over its special, ad-skipping DVR. It’s a testament to how much power the networks have thrown around that this is treated like an amazing new technology — I bought an ad-skipping DVR from ReplayTV in 2001. [The Verge] * Chicagoland preacher facing federal fraud charges announces: “Because of Judge Sharon Coleman’s continual mocking of God’s ecclesiastical order and the sanctity of family/marriage, the wrath of God almighty shall soon visit her home.” Federal authorities were not amused. [Chicago Tribune] * A NJ state judge declares that Atlantic City casinos can control the weight of its waitresses. Because overweight waitresses are the reason no one goes to Atlantic City anymore. [My Fox NY] * Noam Scheiber of The New Republic interviewed about his article The Last Days of Big Law, as discussed here. Video after the jump… [Bloomberg Law via YouTube]
  • Barack Obama, Basketball, Constitutional Law, Election Law, Football, Google / Search Engines, Non-Sequiturs, Politics, SCOTUS, Sports, Supreme Court, Video games

    Non-Sequiturs: 07.09.13

    * Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today] * More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage] * The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money] * What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice] * Mayer Brown reports that Mexican leaders are lining up behind energy sector reform. [Breaking Energy] * Ever wonder about the extent of Internet censorship around the world? Here’s a handy chart showing how Google is censored in various countries around the world. [io9] * Obama caves to Republican requests to suspend law. Republicans label Obama tyrannical for suspending that law. Bravo. [Wall Street Journal]
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  • Barack Obama, Federal Judges, Law Schools, Layoffs, Morning Docket, Murder, Old People, Politics, Privacy, Prostitution, Ruth Bader Ginsburg, Trials

    Morning Docket: 07.08.13

    * No, silly, Ruth Bader Ginsburg isn’t “too old” to be a Supreme Court justice. So what if she uses the SOTU address as her personal naptime? She’s brilliant, and everyone loves her. [Los Angeles Times]

    * “Justice delayed due to overworked judges can … mean justice denied,” and Obama’s got a lot of work ahead of him due to a “uniquely high” amount of judicial vacancies on his watch. [National Law Journal]

    * After the SCOTUS ruling on the Voting Rights Act, Southern states have rushed to push out voter ID laws. But isn’t that discriminatory? “Not true, not true,” as Justice Alito would say. [New York Times]

    * It turns out the Foreign Intelligence Surveillance Court’s redefinition of the word “relevant” is what has allowed the NSA to collect anything and everything. Say au revoir to privacy! [Wall Street Journal (sub. req.)]

    * Layoffs: they aren’t just for Biglaw firms anymore! McGeorge Law School is downsizing its staff and student ranks due to an “unprecedented drop” in applications. Another one bites the dust; which law school will be next? [Sacramento Bee]

    * Client 9, aka Eliot Spitzer, announced his candidacy for NYC comptroller. He’ll run against Kristen Davis, the woman who once set him up with escorts. That’ll be an awkward debate. [New York Times]

    * As the prosecution rests its case and the defense’s acquittal motion is denied, a nation is left wondering whose voice it was on that 911 recording — Trayvon Martin’s or George Zimmerman’s? [CNN]

  • 9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court

    Morning Docket: 07.01.13

    * Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]

    * The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]

    * Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]

    * In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]

    * On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]

    * Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]

    * Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]

    * Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]

    * Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]

    * Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

  • Antonin Scalia, Gay, Gay Marriage, Gender, Non-Sequiturs, Samuel Alito, SCOTUS, Sexism, Supreme Court

    Non-Sequiturs: 06.26.13

    * Former Patriots TE Aaron Hernandez arrested. In other news, that Patriots offense was killing people last year. [NBC News] * Elie appeared on HuffPo Live to explain how today’s rulings changed his marriage. [Huffington Post Live] * For all the role-playing game nerds out there, a guide to the SCOTUS alignments. I’m not sold that Scalia isn’t “Lawful Good” and Alito “Chaotic Good,” but the point remains. [It's a Great Life If You Don't Weaken] * Aaron Zelinsky has a solution for the Supreme Court’s decision to strike down the VRA formula — force every jurisdiction to adhere to Section 5 preclearance. That would make way too much sense. [Concurring Opinions] * Iowa’s Supreme Sausage Fest to reconsider “irresistible attraction” ruling, which you may remember from stories like this or this. [On Brief: Iowa's Appellate Blog] * Ilya Somin on the strange bedfellows emerging on questions of standing. [Volokh Conspiracy] * Congratulations to Saccharomyces cerevisia, the newly minted Official State Microbe of Oregon. The bacteria is also known as “brewer’s yeast,” so it makes a lot of sense when Portland has the most breweries per capita in the country. [Lowering the Bar] * This judge makes important observations about rodent control. Or at least some clerk slipped footnote 5 in because Caddyshack deserves more legal citation. Unfortunately it does not conclude with, “By Order of this Court, We’re All Gonna Get Laid.” Opinion below…
  • Abortion, American Bar Association / ABA, Antonin Scalia, Bar Exams, Biglaw, Cars, Celebrities, Election Law, Gay, Gay Marriage, Law Schools, Layoffs, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues

    Morning Docket: 06.26.13

    * “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]

    * On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]

    * Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]

    * Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]

    * “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]

    * Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]

    * This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]

    * Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]

    * Breaking news, Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]

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