Brian Fitzpatrick

Non-Sequiturs: 03.04.18

* Which Supreme Court justice wrote the most dissents over the last 30 or so years? The answer might surprise you. (My guesses came in second and third.) [Empirical SCOTUS] * Does the latest constitutional challenge to Obamacare have merit? The 20 states are right on one issue and wrong on another, Ilya Somin explains. [Volokh Conspiracy / Reason] * Ann Althouse makes the case against To Kill A Mockingbird. [Althouse] * Litigation finance and class actions: two great tastes that taste great together? Professor Brian Fitzpatrick breaks it down. [SSRN] * Artificial intelligence is all the rage, but what should lawyers actually look for when it comes to AI-enabled products? Daniel Lewis, co-founder of Ravel Law (now part of LexisNexis), offers his insights. [Dewey B Strategic] * As a new dad, I find the notion of prosecuting a parent for improper car-seat installation deeply disturbing -- especially after the defendant mom lost her daughter, an already horrific punishment for that mistake. [Slate] * Has the Trump Administration drained the swamp, or made it more swampy than ever? The latter -- at least if you view Biglaw partners as swamp creatures. [The Nation] * Utah legislators try their hand at "Schoolhouse Rock," and the result is... something. [Twitter (@RobertMaguire_)] * Another interesting use case for blockchain: solving IP challenges. [Artificial Lawyer]

The Most Popular Supreme Court Justices — In Law School Casebooks

Yes, the late Justice Scalia is up there -- but he has some surprising company.

Non-Sequiturs: 12.08.17

* Corporations: 1. Unpaid Interns: 0. [Hollywood Reporter] * Don Jr.'s claim of attorney-client privilege over a conversation he had with Daddy probably won't stand up if Mueller pushes the issue. [Talking Points Memo] * A review of John Grisham's latest -- when law students go rogue. [Law and More] * How liberal or conservative are the judges in your state? See the chart on page 1743 of this new study! [SSRN] * Working moms conquer their toughest holiday challenges. [CorporetteMoms] * Jobs Attorneys Hate for $100, Alex. Publicly pulling back from your client's "misunderstanding." [The Root] * The battle between former Louisville basketball coach Rick Pitino and Papa John. [Deadspin]

Heresy! Conservative Law Professor Thinks Class Actions Are A Pretty Good Idea

Get a load of this guy who still thinks harming consumers is bad....

Morning Docket: 08.30.17

* The First Amendment chalks up a much needed win: Southern District of New York Judge Jed Rakoff dismisses Sarah Palin's defamation lawsuit against the New York Times. [The Slot] * Illinois Attorney General Lisa Madigan is pushing the state forward on police reform, even without the assistance of the Department of Justice. [Washington Post] * Donald Trump Jr. is scheduling a date -- a private date -- with the Senate Judiciary Committee. Sounds like sexy times. [CNN] * Even former clerks of Justice Antonin Scalia can be convinced of the social good of class actions. Vanderbilt Law professor Brian Fitzpatrick's new article on class actions preventing corporate wrongdoing is creating quite the dustup in conservative circles. [Reuters] * Wilmer Cutler Pickering Hale and Dorr is defending Pepe the Frog... against the alt-right groups that want to co-opt the cartoon for white supremacist purposes. [Law.com] * The assault on voting rights continues -- a new Indiana law is purging voters from the rolls without notifying them or affording them an opportunity to respond. [Daily Beast]

Non-Sequiturs: 08.02.17

* As I noted in my last nominations roundup, the Trump administration is actually ahead of the Bush and Obama administrations when it comes to judicial appointments -- especially with yesterday's confirmation of Kevin Newsom to the Eleventh Circuit. [How Appealing] * With Republicans in charge of the presidency and Senate, could breaking up the Ninth Circuit return to the agenda? [Law360] * And here's an interesting argument against a split, from the Republican point of view (by Wyatt Kozinski, following in his father's footsteps). [SSRN] * Capital punishment: yet another issue where it's all about Justice Kennedy. [Empirical SCOTUS] * Thoughts from Joel Cohen on the Trump/Sessions troubles. [The Hill] * How NOT to escape from your law school loans. [Gizmodo] * If a pizza party isn't your thing, here are some other ideas for what to eat when working hard at the law firm. [Cater2me] * Litigation that lawyers can love: Mel Gibson files suit over a dictionary (okay, actually a movie about a dictionary -- the Oxford English Dictionary). [Deadline] * Congratulations to Judge Lorna G. Schofield (S.D.N.Y.) on receiving the Liberty Award from the ABA! [American Bar Association]

Non-Sequiturs: 03.16.17

* What does the future hold for the U.S. Supreme Court? Analysts (including yours truly) opine. [Bloomberg BNA via Storify] * Another prediction of ours has come to pass: congrats to Sullivan & Cromwell partner Brent McIntosh on his nomination as general counsel for the Treasury Department. [Corporate Counsel] * Is it time to break up the Ninth Circuit (as President Trump recently called for)? Professors John Eastman and Brian Fitzpatrick say yay; Judges Sidney Thomas, Carlos Bea, and Alex Kozinski say nay. [House Judiciary Committee] * Anthony Kronman: from dean of Yale Law School to "born-again pagan" (affiliate link). [New Yorker via How Appealing] * Looking for smart, timely takes on the Trump Administration, from an all-star cast of law professors and legal experts? There's a site for that. [Take Care] * Guess who: "Cat-loving judge makes case that has nothing to do with cats all about cats." [Chicago Tribune] * Professor Orin Kerr chats with Professor Barry Friedman about Friedman's latest book, Unwarranted: Policing Without Permission (affiliate link). [Volokh Conspiracy] * The current SCOTUS Term isn't super-sexy -- but there are a few interesting cases on the docket, as Adam Feldman points out. [Empirical SCOTUS] * Attention 2Ls & 3Ls, here's a cool contest -- with $100K in scholarships as prizes! [PR Newswire (press release)]

How Justice Scalia’s Writing Style Affected American Jurisprudence

Reflections on the powerful and distinctive writing style of Justice Antonin Scalia.

Non-Sequiturs: 02.24.16

* The only way for Republicans to save face is by... confirming Obama's Supreme Court choice (even if it isn't a fellow Republican). [Gawker] * The complicated relationship between Asian-Americans and justice is highlighted by the Peter Liang protests. [New York Times] * The greatest impact of Justice Scalia's passing may be on the Fourth Amendment. [LinkedIn] * One of Justice Scalia's long line of clerks who paid tribute to the legal legend after his passing, Professor Brian Fitzpatrick, speaks out on the jurist's impact. [The Conversation] * Who has the most to lose in the fight over the Supreme Court? The Chief Justice. [MSNBC] * Here's a fun thought experiment: What would Donald Trump have been like as an attorney? [Law and More] * Apparently this is how you should teach in open-carry on campus locations. Horrifying. [Chronicle on Higher Education] * Yes, you must attend mediation, even if you are Shaq. [Daily Business Review] * The long arm of the law takes on Salvadorian death squads. [Guile is Good]