D.C. Circuit

  • Bar Exams, Bernie Madoff, Biglaw, California, D.C. Circuit, Immigration, Money, Morning Docket, Murder, New Jersey, Pictures, Pro Bono, Senate Judiciary Committee, Trials, War on Terror

    Morning Docket: 05.22.13

    * A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

    * IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

    * The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

    * Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

    * Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

    * It looks like New Jersey may soon be hopping aboard the pro bono work before bar admission train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

    * The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

    * Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

  • D.C. Circuit, Department of Justice, Non-Sequiturs, Privacy

    Non-Sequiturs: 05.14.13

    * Even JFK had mommy issues. Unfortunately, his came with possible nuclear armageddon. [Lowering the Bar] * Washington, D.C. is a horrible back-biting hellhole. Except for the D.C. Circuit, where Judge Tatel and Chief Judge Sentelle apparently hold weekly kumbaya circles and talk about their feelings. [Concurring Opinions] * Prosecutors file motions to keep George Zimmerman’s lawyers from bringing up Trayvon Martin’s past in the trial. Probably because “getting into school fights” is not particularly probative of “deserved to get murdered.” [WKMG] * Another look at the DOJ/AP scandal from a unique perspective: a privacy lawyer who used to be a journalist. [Inside Privacy] * Jones Day landed the plum job as restructuring counsel for Detroit by one “point.” [AmLaw Daily] * When you’re choosing an expert witness, you should really look for that elusive “part-Don Draper, part-Lois Griffin” type. [The Expert Institute] * This was an actual problem I encountered when I had to edit the bills of some of my colleagues. [First World Lawyer Problems]
  • Basketball, Clerkships, Environment / Environmental Law, General Counsel, Law School Deans, Law Schools, Morning Docket, Old People, Secretaries / Administrative Assistants

    Morning Docket: 04.12.13

    * Earlier this week, after some political wrangling, Senator Chuck Grassley proposed the Court Efficiency Act in the hope of paring down the D.C. Circuit. But really, come on, what are the odds of that happening… again? [National Law Journal]

    * Biglaw partners, rejoice, for it seems that your legal secretaries will be unable to sue you for defamation over emails written to your wives. Spousal privilege, baby! (N.B. This doesn’t apply to your girlfriends.) [New York Law Journal]

    * Which law schools placed the highest percentage of grads in federal clerkships? This info comes from the rankings guru himself. We may have more on this later. [Morse Code / U.S. News & World Report]

    * The Rutgers basketball scandal claimed another scalp yesterday after the school’s former general counsel resigned. Rutgers Law dean John Farmer will be stepping in for a brief assist. [Star-Ledger]

    * So, do you remember that environmental report Steven Donziger allegedly had made up in the Chevron case? Yeah, the consulting firm just disavowed all of the evidence in the report. Oops! [Businessweek]

    * Say so long to your retirement money, sweetie: Junie Hoang, the actress who sued IMDb for revealing the fact that she was over the hill, received a less than favorable jury verdict. [Houston Chronicle]

  • Biglaw, Book Club, Books, D.C. Circuit, Guns / Firearms, Intellectual Property, Jed Rakoff, Law Schools, Legal Ethics, Lindsay Lohan, Morning Docket, Partner Issues, Patents, Politics, Senate Judiciary Committee, Wall Street Journal, Weddings

    Morning Docket: 04.11.13

    * “I don’t believe judges should be filibustered.” Tell that to the rest of your Republican pals, Senator Hatch. D.C. Circuit nom Sri Srinivasan faced little drama at the Senate Judiciary Committee yesterday. [Bloomberg]

    * A bipartisan gun regulation deal has been reached in the Senate, and of course the NRA is opposing it — well, except for the parts that expand gun rights. The group really likes those parts. [Washington Post]

    * Trolling for patent partners? Bingham recently snagged five IP partners from DLA Piper’s Los Angeles office, including the former co-chair of DLA patent litigation department. [Thomson Reuters News & Insight]

    * Time well spent: while Detroit hangs on the precipice of bankruptcy, local politicians are worrying about whether retaining Jones Day poses a conflict of interest for their emergency manager (formerly of Jones Day). [Am Law Daily]

    * NYLS — or should we say “New York’s law school” — is revamping its clinical program to kill two birds with one stone (e.g., fulfilling pro bono hours and boosting job prospects). [National Law Journal]

    * For all the talk of his being a hard ass, Judge Rakoff is a nice guy after all! The judge gave an ex-SAC trader permission to go on a honeymoon after his release from prison. [DealBook / New York Times]

    * If you’ve ever wondered how Lat spends his free time, sometimes he’s off writing book reviews for distinguished publications. Check out his review of Mistrial (affiliate link) here. [Wall Street Journal]

    * “Lindsay Lohan is the victim.” What the Heller you talking about? LiLo’s lawyer thinks there’s a conspiracy among the prosecutors on her case that’s resulted in leaks of information to TMZ. [CNN]

  • Bankruptcy, Barack Obama, Biglaw, Confirmations, D.C. Circuit, Deaths, Federal Judges, Free Speech, Howrey LLP, Job Searches, Law Schools, Morning Docket, State Attorneys General, United Kingdom / Great Britain

    Morning Docket: 04.08.13

    * President Obama apologized to Kamala Harris after referring to her as the “best-looking attorney general in the country.” We’re guessing the First Lady was none too pleased with her husband’s behavior. [New York Times]

    * If you’re unemployed (or were the victim of a recent layoff), try to keep your head up, because there’s still hope for you. According to the Bureau of Labor Statistics, the legal sector added 2,000 jobs last month. [Am Law Daily]

    * The 10 percent vacancy rate on the nation’s federal courts is unacceptable and the New York Times is ON IT. Perhaps D.C. Circuit hopeful Sri Srinivasan will have some luck at this week’s judicial confirmation hearing. [New York Times]

    * Shine bright like A. Diamond: Howrey’s bankruptcy trustee is still trying to get “unfinished business” settlements from several Biglaw firms, but managed to secure funds from ALAS. [Capital Business / Washington Post]

    * Contrary to what law deans tell you in the op-ed pages, if you want to work as a real lawyer, it actually matters where you go to law school. We’ll probably have more on this later today. [National Law Journal]

    * Cooley Law took a hard hit in the appeal of its defamation case against Rockstar05, and now the disgruntled blogger may seek a dismissal. Score one for anonymous online speech! [Ars Technica]

    * Margaret Thatcher, Great Britain’s first female Prime Minister, RIP. [CNN]

  • Celebrities, Constitutional Law, Crime, D.C. Circuit, Facebook, Law Professors, Law Reviews, Law School Deans, Law Schools, Lindsay Lohan, Non-Sequiturs, Politics, Religion, Rudeness, Shopping, Weddings

    Non-Sequiturs: 03.22.13

    * So, after being shut down for more than two years, Caitlin Halligan asked President Obama to withdraw her nomination to the D.C. Circuit. This is how democracy works in our country, folks, and it’s pretty sad. [People For the American Way; Post Politics / Washington Post] * In America, we’re trying to get official recognition for gay marriage. In Scotland, they’re trying to get official recognition for weddings performed by Jedi Knights. Please, by all means, proceed to stroke each other’s lightsabers over this exciting nerd news. [Volokh Conspiracy] * Oh my god, this is something I’m definitely going to have to sit down and read, it looks so salacious and — oh. *eyeroll* This just in from the subtitle letdown department…. [Overlawyered] * A political consultant in Nebraska apparently got himself fired because he called Sen. Danielle Conrad a C-U-Next-Tuesday on his Facebook page. That was way harsh, Tai. [Jezebel] * Click here to listen to Professor Brian Tamanaha and Dean Lawrence Mitchell talk about rethinking the future of legal education. Tamanaha thinks the tuition is too damn high, whereas Dean Mitchell simply thinks that “life is expensive.” Not even kidding, he really said that. [Associate's Mind] * At Target, you can definitely expect more and pay less, but that’s probably because your money’s allegedly being stolen out of the cash register. [Legal Juice] * And just because I love just about everything that Lindsay Lohan does because she’s the hottest of all messes, here’s a timeline of her mug shots ranked in order of her sex appeal. I love that we live in a world where such a thing actually exists! [Gawker]
  • Biglaw, D.C. Circuit, Deaths, Department of Justice, Election Law, Law Schools, Layoffs, Money, Morning Docket, Politics, SCOTUS, Supreme Court

    Morning Docket: 03.11.13

    * The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times]

    * If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post]

    * It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times]

    * Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily]

    * If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal]

    * Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette]

    * Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]

  • Adoption, Books, Copyright, D.C. Circuit, Environment / Environmental Law, Kids, Lindsay Lohan, Non-Sequiturs, Sandra Day O'Connor

    Non-Sequiturs: 03.01.13

    * Court rules that overlapping elements between romance novels do not amount to infringement. I mean, there’s only so many ways to phrase “throbbing member.” [Courthouse News Service] * Pinellas County, Florida (Tampa Bay area) returns to using fluoridated water after a governmental sea change brought on by the issue. Don’t they understand the Communist plot to sap and impurify our precious bodily fluids? [Tampa Bay Times] * In fairness, I think pro se litigants generally have a pretty good ineffective assistance claim. [Lowering the Bar] * The D.C. Circuit managed to irritate both environmentalists and industry by affirming Fish and Wildlife’s designation of polar bears as “threatened.” It’s a nice middle ground. You know who else would appreciate some middle ground? A polar bear clinging to a shrinking ice floe. [Volokh Conspiracy] * Former Justice Sandra Day O’Connor thinks kids need a healthier respect for the American democratic process. It would be unfortunate if the will of a democratic majority could get hijacked by five partisan hacks. [Courthouse News Service] * Following up on yesterday’s profile of Lindsay Lohan’s attorney Mark Heller, the judge declared him “incompetent.” Fair enough. [TMZ] * Oh, but trust him, he’s a doctor (of law). [The Economist] * To quote the inimitable Spencer Hall, “Fine, here, cry.” [New York Times]
  • Sponsored

  • Charles Fried, D.C. Circuit, Law Professors, Lindsay Lohan, Non-Sequiturs, Politics

    Non-Sequiturs: 02.22.13

    * In the E.D.N.Y., Pitbull prevailed over lovable, legal loser Lindsay Lohan. Lohan’s knack for the epic legal fail carried over to her attorney, Stephanie Ovadia, who was fined $750 for plagiarism by Judge Denis Hurley. [Billboard] * Charles Fried is pretty sure Senator Ted Cruz is crazy for saying there was only one Republican on the Harvard Law faculty. But the joke’s on Fried… no one considers a Reagan appointee a Republican anymore, you silly goose! [New Yorker] * Here are some outtakes from Michelle Olsen’s coverage of the D.C. Circuit (the main event, if you will, was published here). Sadly, unlike some outtake reels, the D.C. panel did not address the problem of snow blindness in cats. [Appellate Daily] * Brian Leiter and Paul Campos had a little dispute. This article sums it up and has some interesting thoughts on just how little law professors care now about their own teaching methods. Don’t read this if you’re averse to honesty. [The Faculty Lounge] * Fisticuffs erupt over messing with the thermostat. This is an official warning to the other ATL editors if that office is too hot next week… [LegalJuice] * The whole “publish or perish” racket is rough. Bill Araiza needs a hug. [PrawfsBlawg] * The ideological center of the U.S. House of Representatives is Staten Island. Woe to the Republic. [New York Daily News]

Sponsored

  • Barack Obama, Constitutional Law, D.C. Circuit, Defamation, Drugs, Gay, Gay Marriage, Insider Trading, Law Schools, Marijuana, Morning Docket, Murder, Paul Clement, Trials

    Morning Docket: 01.23.13

    Ed. note: We apologize for getting such a late start today, but we were experiencing some technical difficulties. Thanks for being patient with us.

    * Barack Obama made some bold statements about marriage equality in his inaugural address, but the jury is still out — literally — on whether he thinks laws banning same-sex couples from marrying are constitutional. [BuzzFeed]

    * You can smoke pot for sh*ts and giggles in several states, but the D.C. Circuit is siding with the DEA on this one. Marijuana is still classified as a Schedule I drug in the eyes of the (federal) law. [National Law Journal]

    * With claims of prejudicial evidence, Rajat Gupta is trying to get his insider trading conviction overturned. We’ll wait for more on this story from note passer field correspondent, Benula Bensam. [WSJ Law Blog (sub. req.)]

    * Here are some tips on how you can refine the résumé that will accompany your law school application — but make sure you get the accents aigus right, or else. [Law Admissions Lowdown / U.S. News & World Report]

    * “Why are all high school teachers freaks in the sacks?” Sarah Jones, the cheerleader-cum-sexy teacher, cried over phrases like that yesterday during testimony in her defamation case against The Dirty. [ESPN]

    * George W. Huguely V, the UVA lacrosse bro who was convicted of killing his sometimes girlfriend, has got one hell of an appellate lawyer. Perhaps famous litigator Paul Clement is a friend of the family. [Bloomberg]

  • 9th Circuit, Cartoons / Comics, D.C. Circuit, Football, Law Professors, Law Schools, Morning Docket, Pictures, Rape, Stephen Reinhardt, Trials

    Morning Docket: 01.11.13

    * “Almost anything associated with him is necessarily of concern.” Thanks to the D.C. Circuit, Osama bin Laden’s death photos may never see the light of day, no matter how many FOIA requests you file. Sorry, you’ll have to settle for the Oscar-nominated film Zero Dark Thirty. [McClatchy Newspapers]

    * Some would argue that the opinions written by Judge Stephen Reinhardt of the Ninth Circuit are like Lex Luthor’s ring in that they keep the heirs of Superman’s co-creator at bay like kryptonite. [WSJ Law Blog (sub. req.)]

    * Ay dios mio, al parecer esta es una gran noticia para la escuela! Yale Law has hired Cristina Rodríguez, an expert in immigration law, as its first Hispanic professor in a tenured position. [National Law Journal]

    * Prosecutors established probable cause in the Aurora movie theater shooting case and James Holmes has been ordered to stand trial, but his lawyers aren’t ready to enter his likely NGRI plea yet. [Bloomberg]

    * Everyone saw this coming, but that doesn’t mean they have to be any less disgusted by it: Jerry Sandusky filed a motion to get a new trial just three months after being sentenced for his sex abuse conviction. [CNN]

  • Bar Exams, Biglaw, Constitutional Law, D.C. Circuit, Drugs, Gender, Job Searches, Law Professors, Law Schools, Marijuana, Money, Morning Docket, Police, Politics, Summer Associates, Texas, Unemployment, Women's Issues

    Morning Docket: 12.06.12

    * “Why drag us into it?” Constitutional or not, it seems that not even the D.C. Circuit wants to deal with the political hot mess that’s been caused by President Barack Obama’s recess appointments. [National Law Journal]

    * There’s something (allegedly) rotten in the state of Texas: Bickel & Brewer was booted from a multi-million dollar lawsuit due to accusations that the firm paid top dollar for insider information. [Dallas Morning News (sub. req.)]

    * There are many more women in the legal profession these days than there were 40 years ago, but — surprise, surprise, here’s a shocker — they’re still getting paid less than their male counterparts. [WSJ Law Blog (sub. req.)]

    * And here’s today’s opportunity to beat the horse that just won’t die. This law professor says he pities those who buy into the media’s law school scam narrative, while in reality, most would pity the many unemployed graduates of his law school. [Huffington Post]

    * Here’s a protip for the February bar: don’t fake a disability to get extra time. Even if you end up passing, the bar examiners will find out and pretty much ruin your life. Just ask this UC Hastings Law grad. [Am Law Daily]

    * “Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).” Umm, come on, were the Washington police officers who created this marijuana guidebook high? [CNN]

  • Biglaw, Clarence Thomas, Department of Justice, Federal Government, Job Searches, Law Schools, Morning Docket, Patents, Pro Bono, Public Interest, Rankings, SCOTUS, Supreme Court, Supreme Court Clerks, Technology

    Morning Docket: 09.24.12

    * Hey, “regular students” with “regular backgrounds,” you may be able to get a job as a SCOTUS clerk, because Justice Clarence Thomas is the Supreme Court’s honey badger in that he doesn’t give a sh*t about rankings. [Seattle Post-Intelligencer]

    * Because $1.05 bill wasn’t quite enough, Apple is asking for additional damages in its patent war lawsuit against Samsung. Ohh, come on, Judge Koh, it’s just an extra $535 million. Everyone else is doing it, come on. Just give us the money. [Bloomberg]

    * The D.C. Circuit suit about White House visitor logs is kind of like a recurring issue we see with law schools, in that transparency here means “[w]e will disclose what records we want you to see.” [National Law Journal]

    * Skadden is teaming up with local legal aid groups to start a pro bono initiative in D.C. We hear they’ll be handing out gift cards as a show of appreciation to those who sign up. [Capital Business / Washington Post]

    * Sumner Redstone recently donated $18M to BU Law. Will his successor be as charitable? From Columbia Law to Shearman & Sterling to media mogul: meet Philippe Dauman, CEO of Viacom. [New York Times]

    * “The employment statistics really are the collective impact of individual choices.” And one of them was attending law school anyway, despite all of the negative media attention they’ve received. [Cincinnati Enquirer]

    * Remember the Harvard Law student who ran for Student Government President and pledged to resign after rewriting the organization’s constitution? Well, he graduated, but at least he got a draft in. [Harvard Crimson]