Ninth Circuit
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* How have personnel changes at the Supreme Court affected the dynamics at oral argument? Adam Feldman offers this analysis. [Empirical SCOTUS]
* Ed Whelan expresses relief over the White House’s new slate of Ninth Circuit nominations. [Bench Memos / National Review]
* Can President Trump declare a “national emergency” in order to build his beloved wall? The National Emergencies Act is not a blank check, according to Brianne Gorod. [Take Care]
* Should Congress pass a “deepfakes” law? Orin Kerr has some concerns. [Volokh Conspiracy / Reason]
* What’s going on with Rudy Giuliani? Joel Cohen has a theory. [The Hill]
* Jean O’Grady is pleased to see all the competition in the legal analytics space (with Precedent Analytics from Thomson Reuters as the newest entrant) — but she’d like to see more support for the competing claims of the different products. [Dewey B Strategic]
* News organizations need stricter and better guidelines when interviewing mentally ill defendants, according to former public defender Stephen Cooper. [The Tennessean]
* Have questions about the fast-approaching February bar exam? Ashley Heidemann has answers. [JD Advising]
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* The Ninth Circuit, President Donald Trump’s judicial archnemesis, affirms Judge Derrick Watson’s (modified) preliminary injunction against the “grandma ban.” [How Appealing]
* Donald Trump Jr. opens up to the Senate Judiciary Committee about that infamous June 2016 meeting with a Russian lawyer. [New York Times]
* Consolidation continues in the legal-services world: Counsel On Call acquires e-discovery company DSicovery LLC (DSi). [ABA Journal]
* The Trump administration sides with the anti-gay-marriage baker in the Masterpiece Cakeshop case that will be decided this coming Term by SCOTUS. [How Appealing]
* ICYMI: Deborah Farone — Cravath’s chief marketing director for the past 14 years, and the “gold standard” in legal marketing — is leaving Cravath to start her own consulting firm and to write a book on law firm marketing (to be published next year by the Practising Law Institute). [Law.com]
* Cooley raids Wilson Sonsini for talent for the second time in three months, this time hiring emerging growth specialists Jon Avina, Calise Cheng, and Rachel Proffitt. [Big Law Business]
* Legal research startup Casetext — led by CEO Jake Heller, COO Laura Safdie, and VP Pablo Arredondo — continues on its upward trajectory. [ABA Journal]
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Federal Judges, Social Media, Technology
Did This Judge’s Tweeting Constitute Reversible Error?
The Ninth Circuit has spoken.
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* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing]
* And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner]
* In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune]
* Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department’s new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O’Scannlain of the Ninth Circuit.) [U.S. News]
* Former Ropes & Gray COO Hugh A. Simons wonders: “Are Law Firms Too Sophisticated for Their Own Good?” [Am Law Daily]
* Will law school applications see a “Trump Bump,” as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com]
* Yes, lawyers should stand up for their beliefs — but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time]
* The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing]
* Congratulations to Stephen Kane, an alum of O’Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup — which he describes as “a virtual Judge Judy.” [TechCrunch]
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* Professor Ann Althouse wants to know: What’s the theory that take-home exams redress gender inequity? [Althouse]
* Legal analytics versus legal research: what’s the difference? Owen Byrd of Lex Machina explains. [Law Technology Today]
* Professor Noah Feldman is not a fan of the Ninth Circuit’s recent ruling on Trump Travel Ban 2.0. [Bloomberg View via How Appealing]
* And Professor Sam Bray is not a fan of nationwide injunctions in the travel ban litigation. [Volokh Conspiracy / Washington Post]
* My colleague Elie Mystal yesterday offered an ideological critique of Justice Ginsburg’s opinion in Morales-Santana; Professor Will Baude has a technical one (and I think he might be right). [PrawfsBlawg]
* Mollie Hemingway respectfully dissents from the James Comey lovefest.
[The Federalist] -
* Settlements have been reached between Berkeley Law, the school’s former dean, and the dean’s former assistant. If you recall, then dean Sujit Chaudry was accused of sexually harassing his assistant, and as part of the settlement, he’ll have to pay $100K in fees and charitable donations, but will be considered to be on “sabbatical” until May 2018, keeping all of his benefits. Hmm, do we think this is fair? [Mercury News]
* “We have not livestreamed before, but that’s not to say that won’t happen in this case.” The Fourth Circuit is considering livestreaming oral arguments for travel ban 2.0, much like what the Ninth Circuit did with oral arguments for Trump’s first travel ban. Maybe you’ll be able to do some “professional development” billing… [National Law Journal]
* “Arkansas does not intend to torture plaintiffs to death.” Judge Kristine G. Baker (E.D. Ark.) has halted a whirlwind series of eight executions — the state’s first executions scheduled since 2005 — citing a “threat of irreparable harm” if the drug midazolam is used as part of the lethal injection drug protocol and somehow fails. [New York Times]
* More and more out-of-state Biglaw firms are flocking to Houston, Texas, to open their own offices, which has inspired many lawyers to leave their current firms for greener pastures — in terms of both money and opportunities. But is there enough legal work to go around with all of the new competition? Only time will tell. [Houston Chronicle]
* Ten Harvard Law student affinity groups are gunning for Professor David B. Wilkins to become the next dean of the school after Martha Minow steps down at the end of the year. They’ve written a letter to the university president, imploring him to take their advice and select their dean candidate for the position. Check it out. [Harvard Crimson]