
Jeffrey Epstein Associate Held In Pre-Trial Solitary, Pushing Envelope Of Cruel And Unusual
It really doesn't have to be either-or.
It really doesn't have to be either-or.
* Even Jonathan Adler, no fan of Obamacare, can't support the Justice Department's shift of position in the ongoing Affordable Care Act litigation out of Texas. [Volokh Conspiracy / Reason] * John Lauro continues to protect the reputation of his client Wendi Adelson, ex-wife of murdered law professor Dan Markel. [2paragraphs] * Meanwhile, another player in the Dan Markel case -- David Oscar Markus, counsel to Charlie Adelson -- argues that Attorney General William Barr and Deputy Attorney General Rod Rosenstein made the right call on obstruction of justice. [The Hill] * Speaking of the Mueller investigation, Brianne Gorod points out that Congress has the power to ask the district court to release grand jury transcripts and related information from the case. [Take Care] * Whether or not you agree with Senator Marco Rubio's proposed constitutional amendment to fix the size of the U.S. Supreme Court at nine justices, it's not a bad idea to think about possible ways to restructure SCOTUS -- as Gordon Renneisen does here. [Law360] * Meanwhile, as the Court grapples with the cross-shaped war memorial case this Term, Rick Garnett wonders: can a liberal state favor one religion over others? [First Things via PrawfsBlawg] * Legal tech M&A activity continues apace, with vLex's acquisition of Justis. [Artificial Lawyer]
* A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg] * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in "cop show" television programs? [Law and Crime] * David Oscar Markus isn't afraid to take on tough cases -- like defending embattled Secretary Alex Acosta in the court of public opinion. [Miami Herald via SDFLA Blog] * Former federal defender Stephen Cooper does not mince words: "The prospective gassing of human beings in Alabama is an abomination." [Alabama Political Reporter] * Jerry Goldfeder and Lincoln Mitchell offer up this hypothetical (which sounds far-fetched, but never say never given the times in which we live): "What if Trump loses but refuses to leave the White House?" [New York Daily News] * Looking for a special present for the legal nerd in your life? In addition to the items featured in the Above the Law holiday gift guide, check out the latest edition of the Solicitor General's Style Guide. [Amazon (affiliate link)] * Speaking of the Supreme Court, Adam Feldman takes a data-driven look at the recent spat between President Donald Trump and Chief Justice John Roberts over partisanship in the federal judiciary. [Empirical SCOTUS]
* 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
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* Paul Clement is a beast, is basically what it comes down to. [The Daily Beast] * This is probably the grossest, most pornographic employment discrimination/sexual harassment/defamation lawsuit I’ve seen. Maybe fans of 50 Shades of Grey (affiliate link) might find it compelling. The writing in the lawsuit is probably better… [Courthouse News] * Predictive coding is good. Now it’s bad. Now it’s good. Make up your mind! [Law Technology News] * A touching obituary about a first-year Reed Smith associate who recently took his own life. [Pittsburgh Post-Gazette] * Elie was on Fox News late last night (video embed after the jump). He brought the funny. The hosts of the show… not so much. They did bring the racist, though. [Red Eye] * If you ever get in trouble for tweeting or blogging about jury duty, Davis Oscar Markus is the guy to call. [Miami Herald] * LexisNexis recently unveiled its new, ginormous legal e-book library. It’s just like a normal law library, except you don’t have to ask the pesky law librarian for help. [LexisNexis] (Embedded Elie, after the jump.)