American Bar Association / ABA

Morning Docket

Morning Docket: 01.23.19

* “Trump is screaming. He’s so mad at Rudy.” After yet another botched interview, President Trump is reportedly “furious” with Rudy Giuliani, and word on the street is that he’s being told to dump the former New York mayor before any additional damage can be done. Best of luck, because he very obviously needs it. [Vanity Fair] * Justice will prevail... at least until the end of the month: The federal judiciary is still clinging to life amid the government shutdown, and the Administrative Office of the U.S. Courts just announced its final funding extension to continue operations through January 31. [National Law Journal] * The Supreme Court’s conservative wind just low-key alerted the nation that big changes could be on the way by deciding to hear a Second Amendment case for the first time since 2010. Will the high court swing further to the right now that its perennial swing justice has retired? [Washington Post] * Stormy Daniels’s lawsuit against President Trump could be tossed out of court because there no longer seems to be a case. “They admitted what we said all along,” ATL’s 2018 Lawyer of the Year Michael Avenatti said. “So any attempt by anyone to claim that this is not a victory for Stormy Daniels is completely bogus and nonsense and dishonest.” [TIME] * The ABA’s House of Delegates will reconsider a 75 percent bar pass rate within two years of graduation for law schools to maintain their accreditation. This time around, the proposal could actually pass. Stay tuned, because the effort to push through a stronger bar pass standard will be taken up this coming Monday. [Law.com] * Congratulations to Chief Judge Stephen Dillard (@JudgeDillard) of the Georgia Court of Appeals, who was recently named as the state’s Twitter laureate. Just as you take judicial notice of my birthday each year, I take editorial notice of your constant kindness. Thank you for being you! [Daily Report]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.19.18

* "You were very busy. Wow. Wow. I always knew I liked him." President Trump posthumously awarded the Medal of Freedom to the Justice Antonin Scalia on Friday and managed to crack a joke about the late justice's sex life when referring to his wife and their nine children. Wow. [USA Today] * Speaking about birth control... President Trump has proposed a new way for employers to get around the Affordable Care Act's birth control mandate by creating a Title X loophole that would "hijack" programs that already have limited funding and send women to low-income family planning clinics to get their contraceptives. [New York Times] * Will Biglaw be the next thing that millennials kill? Not only has Weil Gotshal shortened its partner track in order to keep its youthful talent from walking out the door, but the firm that once made a big joke out of work/life balance is now allowing associates to work from home once a week. [American Lawyer] * The California bar exam results are out, and they're not anything to write home about -- except if you enjoy schadenfreude, that is. Nearly six in 10 failed the test, and the overall pass rate is historically horrible. More on this later. [The Recorder] * After having already been rejected by the ABA's House of Delegates, the Section of Legal Education and Admissions to the Bar has sent its proposed 75 percent bar-passage rate within two years of graduation accreditation standard right back for another vote. Will it be approved this time around? We shall see. [ABA Journal] * Joel Sanders, the ex-CFO of failed firm Dewey & LeBoeuf, was jailed on Thursday for failing to pay a $1 million fine associated with his fraud conviction, but he was out by the wee hours of the morning on Friday thanks to his new firm, Greenspoon Marder, which paid the entire sum on his behalf. [American Lawyer]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.02.18

* Justice Brett Kavanaugh isn't the only one who's relying upon calendars as a defense to sexual misconduct allegations. President Donald Trump says he'll turn over portions of his calendars and journal entries to combat allegations that he forcibly kissed Summer Zervos, a former Apprentice contestant. [USA Today] * Do you support term limits or a mandatory retirement age for Supreme Court justices? If yes, then a majority of Americans agree with you. Fix the Court polled 1,000 people, and 78 percent of them said they'd like to restrict the length of service for SCOTUS justices. [The Hill] * Per a new survey conducted by Diversity Lab and ChIPs called the Inclusion Blueprint, the Biglaw firms with the best policies to build gender equity are Brooks Kushman and Sheppard Mullin. We may have more on this later. [Big Law Business] * Shocking absolutely no one, now that Cooley Law is magically in "compliance" with the American Bar Association's accreditation standards, the school has dropped its lawsuit against the ABA. This is terribly convenient, isn't it? [ABA Journal] * Ieshia Champs, the 33-year-old single mother of five children whose inspirational graduation photos went viral this past spring, recently found out that she passed the Texas bar exam. Congratulations! All of your hard work paid off! [Fox 10 KSAZ]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh's brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh's confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill] * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic] * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason] * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg] * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA's "not qualified" rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business] * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean] * Congratulations to Pedro Hernandez on the dismissal of his case -- and to his counsel, Alex Spiro of Quinn Emanuel, on the great result. https://www.youtube.com/watch?v=-2YPLmtwkug

By David Lat
Morning Docket

Morning Docket: 09.07.18

* In case you missed it, Supreme Court nominee Judge Brett Kavanaugh refused to condemn President Donald Trump's attacks on the judiciary (specifically, his insults of Justice Ruth Bader Ginsburg), refused to say whether he believed same-sex marriage was a constitutional right, and once again denied discussing the Mueller probe with anyone at Kasowitz Benson. What will happen today? [Washington Post] * President Donald Trump has reportedly called Attorney General Jeff Sessions "a dumb Southerner" and an "idiot" without an Ivy League law degree who "couldn’t even be a one-person country lawyer down in Alabama." This Alabama Law professor wonders what's so bad about a degree from Alabama Law. [New York Times] * Per a new study from the American Bar Association, the sky is blue and women and minorities continue to face racial and gender bias within the legal profession. But, here are some tools to fight these problems. [DealBook / New York Times] * Allen & Overy has published its 2018 gender pay gap figures, and it's the first U.K. firm to include data from its "overwhelmingly male" partners in its disclosures. A&O's median gender pay gap is 39 percent, a slight improvement. [Financial Times] * It seems that the Justice Department no longer thinks that employers should be forced to consider job applicants with criminal histories, going against Obama-era guidance that the EEOC has been following since 2012. [National Law Journal] * In an historic opinion, India's Supreme Court ruled that gay sex between adults is not a crime, casting aside an "irrational, arbitrary, and incomprehensible" colonial-era law that made the act a punishable offense within the country. [Times of India] * Fire alarms sounded at Miami Law as smoke poured through vents into a student lounge, and some students evacuated their classrooms, but others ran back in to save their laptops. Well, obviously -- they're law students, after all. [Miami Hurricane]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.05.18

* Supreme Court nominee Judge Brett Kavanaugh's confirmation hearings will continue today, and we imagine that when his rulings are discussed, he'll be pummeled on own "frozen trucker" case -- but his involves a killer whale. [National Law Journal] * Special counsel Robert Mueller says he'll accept written answers from President Donald Trump on questions related to whether his campaign conspired with Russia to interfere in the 2016 election. As for the obstruction question, it seems like Mueller still wants an interview. [New York Times] * The Securities and Exchange Commission has reached settlements totaling about $216,815 with the former leaders of failed firm Dewey & LeBoeuf. Of course, that's nowhere near multimillion-dollar fraud that's been alleged, but at this point, Dewey even care anymore? [American Lawyer] * According to the American Bar Association, Florida Coastal Law, the last InfiLaw school left standing, is still out of compliance with accreditation standards. Coastal is already suing the ABA, so this latest decision is sure to inspire some additional filings from the school. [ABA Journal] * North Dakota Law has welcomed more than two dozen students who fled from beleaguered Arizona Summit Law with open arms. Why have so many Summit students flocked to Roughrider Country? All of their credits will be accepted there, which is a pretty good reason. [Bismarck Tribune]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 09.02.18

Ed. note: We will not be publishing on Monday, September 3, in observance of Labor Day. * Law librarian Jean O'Grady rounds up the many books written by or about the late Senator John McCain -- and extends her "condolences to his families and friends on the passing of a remarkable man." [Dewey B Strategic] * Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain's successor is appointed before the confirmation vote -- but as Adam Feldman explains, Judge Kavanaugh's path to SCOTUS already looks quite clear. [Empirical SCOTUS] * And here's more good news for Judge Kavanaugh: the American Bar Association just unanimously rated him "Well Qualified" for the Supreme Court, as Ed Whelan reports. [Bench Memos / National Review] * Would a Justice Kavanaugh come out in favor of the new Law Clerk Hiring Plan? As Will Baude notes, there does some to be an ideological aspect to this, with liberals more pro-Plan than conservatives. [Volokh Conspiracy / Reason] * Law prof Ann Althouse calls out the Washington Post for going after the Trump Administration regarding a policy that was in place under Presidents Obama and Bush as well. [Althouse] https://althouse.blogspot.com/2018/08/wapo-is-so-full-of-anti-trump-headlines.html * If you'll be spending Labor Day at the beach, is it okay to take your top off? Here's some guidance. [Seinfeld Law] * Joel Cohen acknowledges that Michael Cohen (no relation) has some incentive to tell prosecutors what they want to hear, but cautions that "we shouldn’t take this all too far." [Law & Crime] * Shawn Gaines of Relativity outlines the ediscovery company's ambitious plan to create a "legal tech app store." [Artificial Lawyer]

By David Lat