Death Penalty

Morning Docket

Morning Docket: 07.17.19

* A divided House of Representatives voted to “strongly condemn[] President Donald Trump's racist comments” that were recently lodged against four Democratic congresswomen of color “that have legitimized and increased fear and hatred of new Americans and people of color.” [NBC News] * Plaintiffs in the census citizenship case are seeking sanctions against the Department of Justice for committing “fraud on the court” after allegedly hiding the truth about the case’s origins during trial. This should be interesting, considering the Supreme Court seemed to agree... [Reuters] * Which Biglaw firms are playing host to 2020 Democratic presidential candidates? Quite a few, actually! From Milbank to Kirkland to Paul Weiss, these politicians are getting cozy with their future lawyers. [American Lawyer] * Philadelphia District Attorney Larry Krasner has Pennsylvania Supreme Court to declare the death penalty unconstitutional because he claims it’s arbitrary and racially biased. [Philadelphia Inquirer] * Salary news you can use: If you’ve got a law degree and you work in a compliance role, you can expect to make more money than your colleagues without JDs at each and every stage of your career. [Corporate Counsel] * Retired Justice John Paul Stevens, the former leader of the liberal wing of the Supreme Court, RIP. [New York Times]

By Staci Zaretsky
Non-Sequiturs

Non Sequiturs: 04.14.19

* "How Tough-on-Crime Prosecutors Contribute to Mass Incarceration." My review of Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (affiliate link). [New York Times Book Review] * When it comes to prosecutors, as former prosecutor Joel Cohen explains, it's all about discretion. [New York Law Journal] * Judge Nancy Gertner (Ret.) defends Suffolk District Attorney Rachael Rollins's exercise of her prosecutorial discretion -- and argues that Thomas Turco's criticisms of Rollins are unfair. [Boston Globe] * Another ex-prosecutor, Quinn Emanuel partner Alex Spiro, is representing tennis star Naomi Osaka in the "repugnant" lawsuit filed against her by her former coach. [Tennis365] * Former federal prosecutors, many of them now partners at Biglaw firms, represent more than half of the defense lawyers in Operation Varsity Blues, aka the college admissions scandal. [Big Law Business] * High-stakes litigation is just one of many factors contributing to Biglaw's robust profit margin these days -- hovering around 40 percent, its highest value in almost 30 years, according to Madhav Srinivasan of Hunton Andrews Kurth. [Law.com] * Ronald Collins interviews Joan Biskupic about her latest judicial biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts (affiliate link). [SCOTUSblog] * And speaking of SCOTUS, Will Baude believes that the death penalty "is justifiable and constitutional" -- but argues that the Court has not acquitted itself well in its recent handling of capital cases. [Volokh Conspiracy / Reason]

By David Lat
Non-Sequiturs

Non Sequiturs: 03.03.19

* Several weeks after its release, Over My Dead Body, Wondery's new podcast exploring the Dan Markel case, continues to top the podcast charts -- and creators Matthew Shaer and Eric Benson have some thoughts on why the case has seized the public imagination. [Inside Edition] * The Keith Tharpe case, far from representing an isolated injustice, reflects and embodies the racist roots of the death penalty in America, according to Stephen Cooper. [CounterPunch] * The fight against racism in the justice system has been going on (and will continue) for many years -- and as Texas lawyer John Browning has discovered, trailblazing African American attorneys were fighting to integrate the bar of the Lone Star State as early as the 1800s. [Texas Lawyer] * I've previously argued against treating blue slips as senatorial vetoes of judicial nominees, based on their consequences for the federal judiciary -- and as Thomas Jipping points out, history supports treating blue slips as a senatorial courtesy, nothing more. [Bench Memos / National Review] * Don't be fooled by the high level of unanimity in the Supreme Court's first few decisions of the Term; greater disagreement lurks in the "shadow docket," as Adam Feldman explains. [Empirical SCOTUS] * The compromise appropriations bill that saved us from another government shutdown could also advance the Trump Administration's "remain in Mexico" policy for asylum seekers from Central America -- which Stewart Baker believes "may offer a better solution to the immigration crisis than the construction of a few miles of new wall." [Lawfare via Volokh Conspiracy / Reason] * Actor James Woods is out of the woods in a defamation lawsuit arising out of an erroneous tweet of his, thanks to this interesting ruling by the Sixth Circuit. [How Appealing] * Jean O'Grady is excited about Panoramic, the latest offering from Thomson Reuters, which transforms "the ambitious idea of merging workflow and billing into an actual product." [Dewey B Strategic]

By David Lat
Non-Sequiturs

Non Sequiturs: 02.10.19

* Irina Manta, a recent addition to the roster of Volokh Conspirators, assesses some of the attacks leveled against D.C. Circuit nominee Neomi Rao. [Volokh Conspiracy / Reason] * In other nomination news, Thomas Jipping explains why conservatives should temper their excitement over those 44 judicial nominees who just got reported out of the Senate Judiciary Committee. [Bench Memos / National Review] * Michael Dorf's take on Chief Justice John Roberts joining the four liberals on the Supreme Court to put the Louisiana abortion law on hold: the right to an abortion is "not in quite as much immediate danger as one might have thought. And that's not nothing." [Take Care] * Lawyer to the stars Alex Spiro, partner at Quinn Emanuel, talks about how he's approaching the representation of his latest celebrity client, rapper 21 Savage. [Complex] * On the occasion of his 15th blogiversary (congratulations!), Rick Garnett reflects on the past and future of blogging. [Mirror of Justice via PrawfsBlawg] * Jean O'Grady chats with Pablo Arredondo of Casetext about the platform's newest features. [Dewey B Strategic] * And in other legal technology news, congrats to legal AI innovator Luminance on securing another $10 million in funding (reflecting a total valuation for the company of $100 million). [Artificial Lawyer] * Last Thursday, Alabama executed Domineque Hakim Marcelle Ray and did not allow his imam to be present (even though Christian inmates can have the prison chaplain present) -- a manifest injustice, according to Stephen Cooper. [Alabama Political Reporter] * In the latest installment of his ongoing series offering advice to trial lawyers, David Berg sets forth an essential rule of cross-examination. [YouTube]

By David Lat
Non-Sequiturs

Non Sequiturs: 12.09.18

* 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]

By David Lat
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: 10.12.18

* While you were busy watching Kanye spew drivel in the Oval Office, you may have forgotten that he was there to watch the Music Modernization Act get signed into law to enrich artists. And by "artists" we mean the RIAA. [The Verge] * The public service loan forgiveness program appears to be a total disaster. Glad we got 10 years of free public service out of those chumps who honestly believed the Department of Education would honor its commitments! [Law.com] * Washington strikes down the death penalty as racially biased in application. [Washington Post] * A reminder that Republicans used to support "sanctuary" laws because they objected to the federal government commandeering local law enforcement. How the times of changed... [Mother Jones] * Cleary's hired a chief talent officer to handle recruiting, retention and diversity and it's a wonder more firms haven't gone this route. [American Lawyer] * Former Newsweek owner pleads not guilty in $10 million bank fraud scheme, claiming the charges are false and trumped up by Manhattan DA Cy Vance in retaliation over negative news coverage. This is the fundamental problem with Vance staying in this job: these charges may be legit but based on his history of high profile screw-ups, this retaliation defense sounds entirely reasonable. [Law360] * Georgia sued over law that its Secretary of State is using to block new voter registrations from mostly minority citizens. For the record, that Secretary of State is himself in a tight race for governor against a black woman. Funny that so many minority registrations would get blocked like this, huh? [AJC]

By Joe Patrice
Morning Docket

Morning Docket: 06.29.18

* Justice Kennedy may be stepping down from the Supreme Court, but that doesn't mean he won't have a job. The dean of the University of the Pacific’s McGeorge School of Law already called the soon-to-be retireee and offered him a teaching position. Will Kennedy become a law professor? [Sacramento Business Journal] * The suspect in the Capital Gazette shooting has been identified as Jarrod Ramos. Ramos filed and lost a defamation suit against the newspaper in 2012 for correctly reporting that he'd pleaded guilty to criminal harassment. At least five people were killed during the shooting spree, and several others were seriously injured. [CNBC] * Does the death penalty violate the Eighth Amendment of the Constitution? At this rate, we may never find out because the Supreme Court keeps turning down cases challenging the issue. Justice Breyer is getting really upset about this, and dissented in both of the Court's denials this week. [National Law Journal] * Justice Ruth Bader Ginsburg is known to her fans as the Notorious R.B.G., and now she's got an album that's bears the exact same name. "Notorious R.B.G in Song" is a musical tribute that was created by her children, and even includes jokes about her horrible cooking skills. [WOSU Radio] * Remember Leicester Bryce Stovell, the lawyer who claimed via failed lawsuit that he was NBA legend LeBron James's father? He just got disbarred. [American Lawyer]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.20.18

* Supreme Court won't wade into Arizona's death penalty law so they can really concentrate on the important work of union busting. [NY Times] * Speaking of the Supreme Court, Mississippi has set up a date to discuss its new abortion ban whenever the Court totally changes its membership. [NPR] * Trump hired Joseph Digenova, a kooky conspiracy theorist who goes on cable news to claim that the FBI framed Trump. I really want to test a theory -- if CNN is willing to have me on to explain my belief that Robert Mueller is just George Soros in a mask, how many days would it take before I got added to the defense team. [CNN] * The average age of a baseball fan is 53 years old. Now Congress wants to make sure the future of the sport are paid like it's 1965. [Washington Post] * The Tex McIver trial continues with some unsettling testimony. [CBS News] * Trump's reliance on NDAs has hit a wall -- fired White House officials can't be silenced. [Reuters]

By Joe Patrice
Morning Docket

Morning Docket: 08.16.17

* Could this be the case that puts the nail in the death penalty's coffin? Justice Breyer probably hopes so. Neal Katyal of Hogan Lovells has asked the Supreme Court to hear an Arizona death row inmate's case, arguing that the state's death penalty law is unconstitutional and that it must be struck down. [BuzzFeed] * "[T]he Tiffany trademark is not something to be trifled with." Judge Laura Taylor Swain of the Southern District of New York has ruled that Costco must pay more than $19 million after selling rings and attempting to pass them off as a luxury brand by using and infringing upon the Tiffany trademark. Treble damages are a bitch, and Costco plans to appeal. [New York Law Journal] * After a special Senate primary, former Alabama Supreme Court Chief Justice Roy Moore, who was once removed from his post and later suspended from it, and Senator Luther Strange, who was appointed to fill the seat formerly occupied by AG Jeff Sessions, will face each other in a runoff for the state's GOP nomination. Voters seem thrilled with their options. [New York Times] * A former law firm partner who is accused of creating a fake Match.com account using the name of a real female attorney and allegedly signing her up for emails from a weight loss surgery company, the Obesity Action Coalition, and Pig International -- all from his law firm computer -- is facing discipline before the Illinois Attorney Registration and Disciplinary Commission [Law.com] * Joseph Amico, who was arrested back in April after threatening to blow up a Manhattan attorney who he allegedly referred to as a "n****r lover" has been rearrested, this time for allegedly harassing the judge in his divorce case. Amico, who was free on $50,000 bail, has an optimistic attorney who's confident his client will receive a "favorable bail disposition." [New York Daily News] * If you're searching for a job to take after law school that doesn't necessarily involve practicing law, then you may want to consider a career in policy work. After all, having a law degree when working in the policy world likely amounts to some sort of a JD Advantage-type job. [U.S. News & World Report]

By Staci Zaretsky