Non-Sequiturs: 08.12.18

* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal] * Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic] * Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh's nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against -- yes, against -- the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review] * If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court's business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS] * The failure of Ryan Bounds's Ninth Circuit nomination could be a "teachable moment" for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews] * Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line] * It's unfair to dismiss Seinfeld as "a show about nothing"; episodes offer insight into numerous legal issues -- for example, the law of conspiracy. [Seinfeld Law] * Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason] * If you're interested in litigation finance, there's a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]

* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal]

* Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic]

* Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh’s nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against — yes, against — the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review]

* If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court’s business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS]

* The failure of Ryan Bounds’s Ninth Circuit nomination could be a “teachable moment” for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews]

* Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line]

Sponsored

* It’s unfair to dismiss Seinfeld as “a show about nothing”; episodes offer insight into numerous legal issues — for example, the law of conspiracy. [Seinfeld Law]

* Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason]

* If you’re interested in litigation finance, there’s a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]


DBL square headshotDavid Lat is editor at large and founding editor of Above the Law, as well as the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.

Sponsored