Frank Easterbrook

7th Circuit

Non-Sequiturs: 08.23.13

* Former federal prosecutor Moe Fodeman of Wilson Sonsini breaks down the case against Walter White. Spoiler: Fodeman thinks Orange Is the New Black for White. [Esquire Culture Blog] * President Obama joins the chorus calling for an end to the 3L year. But when will students take all those "Law and Running a Massive Domestic Spying Operation" seminars? [Buzzfeed] * At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live] * Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw] * Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter] * Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice] * Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog] * Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….

By Joe Patrice
11th Circuit

Non-Sequiturs: 04.12.13

* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy] * Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar] * Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal] * The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex] * Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions] * Judge Easterbrook allows a $25K student-loan discharge for a ‘destitute’ paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal] * Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter] * Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)…. * Posted previously on Facebook (now pulled):

By David Lat
Copyright

Non-Sequiturs: 03.25.13

* Prosecutor charges America’s official groundhog, Punxsutawney Phil, for failing to accurately predict the weather. Good to know Pennsylvania prosecutors are on top of the groundhog beat after messing up the “sexual predator coaching a football program” beat for about a decade. [Washington Times] * UPDATE: Judge Easterbrook is getting hitched to former Anchorage City Clerk Barbara Gruenstein on May 12. [Anchorage Daily News] * Tattoo convention discusses copyrights. As long as I don’t have to remove the giant butterfly tat on the small of my back I’m cool. [Washington Post] * “Pope Francis changes Holy Thursday plans to celebrate Mass in prison.” OK, ready yourself for the Pope Francis “Man in Black” phase. [Catholic News Service] * Defending yourself from solicitation charges counts as “Official Senate Business?” Actually, that sounds about right. [Lowering the Bar] * UChiLawGo sums up the end of law school. [UChiLawGo] * Sad news, “Mississippi State Rep. Jessica Upshaw (R), an attorney who had been a lawmaker since 2004, was found dead at the home of former state Rep. Clint Rotenberry (R) in Mendenhall, Mississippi…Mississippi Bureau of Investigation spokesman Warren Strain said it did not appear to be a natural death.” This is the fifth Mississippi lawmaker to die in five months. The other four all died of natural causes…so they say. [Jezebel] * David and Elie will be showing up at Georgetown this Thursday afternoon. RSVP at the linked ACS site. [ACS]

By Joe Patrice
Federal Judges

Inside Straight: Institutionalizing Mediocrity

Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity. Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions. When new federal appellate judges attend what is […]

By Mark Herrmann
7th Circuit

What Is To Be Done About Super-Old Judges?

When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call […]

By David Lat