Diane Sykes
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Non-Sequiturs
Non Sequiturs: 02.17.19
* I share Allahpundit’s take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November’s Federalist Society conference): it’s certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air]
* And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. Colorado, the shaky but not-overruled Supreme Court precedent about free-speech rights outside abortion clinics. [Bench Memos / National Review]
* Speaking of SCOTUS, which amici boast the best track recorders in filing certiorari-stage amicus briefs in business cases? Adam Feldman crunches the numbers — and the dominance of the U.S. Chamber of Commerce should come as no surprise. [Empirical SCOTUS]
* And speaking of the Chamber, it also seems to be making progress on its goal of forcing more disclosure of litigation-funding arrangements, with the reintroduction of the Litigation Funding Transparency Act (LFTA). [Institute for Legal Reform]
* Litigation funders don’t reflexively oppose any and all disclosure requirements; Michael German of Vannin Capital, for example, argues for a sensible and limited disclosure regime. [New York Law Journal]
* If you’re looking for an interesting new podcast (besides Wondery’s exploration of the Dan Markel case), consider Bound by Oath from the Institute for Justice (Eugene Volokh is a fan). [Institute for Justice]
* Should Roger Stone be gagged? Joel Cohen weighs the pros and cons. [The Hill]
* Are you a lawyer who enjoys poker? Mark your calendar for February 23! [Attorney Poker Tour]
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Courts, Federal Judges
A Most Interesting Lawyerly Wedding Announcement
Check out the officiant at this same-sex wedding. - Sponsored
A Law Firm Checklist For Successful Transaction Management
The questions to ask to make transaction management your competitive advantage. -
Courts
The First Circuit Court To Use The Poop Emoji In A Published Opinion
A prestigious poop emoji?
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Courts
Supreme Court Clerk Hiring Watch: Two Firsts At One First Street
Congratulations to all of these amazing young lawyers! -
Federal Judges, Gay, Labor / Employment
A Judicial Battle Royal At The Seventh Circuit -- And Judge Posner's Favorite Gays Of All Time
SCOTUS shortlisters and other luminaries of the federal judiciary duke it out in a landmark case. -
Neil Gorsuch, Politics, SCOTUS, Supreme Court
Supreme Court Update: And Then There Were Three Four
They're all distinguished conservative jurists, although not the most diverse group. -
Morning Docket
Morning Docket: 01.19.17
* The Seventh Circuit — in an opinion by Judge Diane Sykes, a top-tier SCOTUS possibility under President Trump — just struck down Chicago ordinances regulating shooting ranges as violative of Second Amendment rights. [ABC News]
* Speaking of firearms, law professor Fredrick Vars has an excellent proposal for preventing gun suicides. [Washington Post]
* Possible good news for legalizing sports betting in New Jersey: the U.S. Supreme Court wants to hear from the solicitor general on this issue (although we don’t yet know who the solicitor general will be). [How Appealing]
* But we think we know who the principal deputy solicitor general will be — Noel Francisco, whose imminent departure from Jones Day is now public. [National Law Journal]
* In other Justice Department news, what can we expect from Jeff Sessions’s DOJ in terms of civil rights enforcement? [New York Times]
* Are we seeing a “fragile recovery” in the number of people interested in law school? [ABA Journal]
* If you share my curiosity about the future of Chief Judge Merrick Garland in the wake of his unsuccessful SCOTUS nomination, it seems that the distinguished jurist is back on the bench — at least for now. [National Law Journal]
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Politics, SCOTUS, Supreme Court
Supreme Court Update: Trump Has Started Interviewing SCOTUS Candidates
Which prominent conservative judge just met with President-elect Donald Trump? - Sponsored
How To Build And Manage Your Law Firm Rate Sheet
If you’re struggling with price setting — or, resetting prices — we’ve got the strategies to get you off the schneid. -
Neil Gorsuch, Politics, SCOTUS, Supreme Court
Handicapping Donald Trump's Supreme Court Shortlist
It looks like it's down to two: Judge Diane Sykes and Judge Bill Pryor. -
Morning Docket
Morning Docket: 12.27.16
* According to CBS News chief legal correspondent Jan Crawford, sources have said that President-elect Trump has narrowed his list of potential Supreme Court nominees down to five candidates: Bill Pryor (Eleventh Circuit), Thomas Hardiman (Third Circuit), Steve Colloton (Eighth Circuit), Diane Sykes (Seventh Circuit), and Joan Larsen (Michigan Supreme Court). Which judge do you think the PEOTUS will choose? [Face the Nation / CBS News]
* President-elect Trump isn’t just inheriting a Supreme Court vacancy — he’s inheriting much, much more. Thanks to an “unprecedented level of obstruction” on the part of Republican senators when it came to President Obama’s federal judicial nominees, there are more than 100 judicial vacancies, which will give the Trump administration the leeway to reshape the judiciary through lifetime appointments. [Washington Post]
* Is the end near for the European and Middle Eastern branch of King & Wood Mallesons? As other Biglaw firms poach partners, the firm has filed a notice to appoint administrators, and according to a spokesperson, this legal move was “designed to protect the firm from its creditors … as it continues to explore all available options.” The firm is not expected to file for pre-pack administration until January. [Am Law Daily]
* There is a dire shortage of rural lawyers in flyover country, and it’s causing the justice gap to become even wider in some states. For example, Nebraska has 93 counties, and 11 of them are without a single lawyer. This is a problem that’s left other lawyers traveling far and wide to see clients and potential clients attempting to handle their legal matters themselves — which has caused errors in business matters, divorces, and wills. [NPR]
* If you’ve applied to law school, you may be wondering how you can best prepare for a recorded video interview. You may think it’s tough to impress an admissions committee through such impersonal means, but if you prepare for this as if it were a live interview, keep your answers short and sweet (think one minute or less), and be yourself, you’ll have this one in the bag. You can review some of these practice questions. [U.S. News]
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Morning Docket
Morning Docket: 12.08.16
* Brad Pitt filed a motion to seal the details of his custody arrangement with Angelia Jolie to protect his children’s privacy, but a judge has rejected the actor’s request. A lawyer for Jolie had this to say: “His … request is a thinly veiled attempt to shield himself, rather than the minor children, from public view.” Ouch. [Philadelphia Inquirer]
* CHECK YOU EMAILS OFTEN, PARTNERS! Several Biglaw firms — including Cravath and Weil Gotshal — were hit by data breaches over the course of last year, and it’s now been confirmed that those data breaches were carried out by Chinese operatives who were successful in stealing about seven gigabytes of data by hacking their way into partners’ email accounts. [Fortune]
* Each December, Jeffrey Toobin creates a “semi-accurate, semi-serious” list of his predictions for the top legal stories for the coming year. Perhaps most notably, Toobin predicts President Donald Trump will appoint Judge Diane Sykes of the Seventh Circuit to the Supreme Court as the late Justice Antonin Scalia’s replacement. [New Yorker]
* Which is more prestigious, a judicial clerkship or a first-of-its-kind Capitol Hill clerkship? Earlier this week, four senators introduced a bill to create a dozen yearlong Congressional clerkships for recent law school graduates. The bill would allow law school graduates to “spend a formative year in the legislative branch.” [National Law Journal]
* Per the most recent Corporate Equity Index survey released by the Human Rights Campaign, more Biglaw firms are doing well when it comes to protecting their lesbian, gay, bisexual, and transgender employees. One hundred and twelve firms earned perfect scores for their inclusive policies in the survey, up from 95 last year. [Am Law Daily]
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Federal Judges, Gay, Weirdness
A Federal Judge's Rather Rude Joke About Lesbians
The Seventh Circuit, sitting en banc, delves into... lesbianism. -
Politics, SCOTUS, Supreme Court
Making SCOTUS Great Again: Trump's Supreme Court Shortlist
These 11 potential justices are well within the mainstream of conservative legal thought.
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Trust The Process: How To Build And Manage Workflows In Law Firms
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Politics, SCOTUS, Supreme Court
Donald Trump’s Supreme Court Nominees
According to columnist Kayleigh McEnany, President Donald Trump would appoint conservative textualists who would make for excellent Scalia replacements. -
7th Circuit, Crime, Department of Justice, Money
Inspector Javert Goes Smurfing In Indiana
You might be charged with a crime if your money smells bad. -
Biglaw, Clerkships, Contract Attorneys, Crime, Guns / Firearms, Non-Sequiturs, Rap, Richard Posner, Sex, Sexual Harassment, Supreme Court, Tax Law, Technology, Tony Mauro, Women's Issues
Non-Sequiturs: 02.19.14
* With the impossible body ideal of Barbie gracing the Sports Illustrated Swimsuit Cover, perhaps we should consider the positives that Barbie has contributed to women over the years. Missing is the rare, vacuous “math class is tough” Barbie. [The Careerist] * A five-year-old writes the cutest response to the IRS. [TaxProf Blog] * Professor busted for taking upskirt pics. His defense? How else was he going to prove the girls weren’t wearing underwear? Touché. Touché. [The Smoking Gun] * The reasons to quit your Biglaw job. Now in listicle form! [Buzzfeed] * The Supreme Court has a chance to take a stand against prosecutorial misconduct. Will they take it? [The Atlantic] * If you’re violating your probation, be sure to videotape it and post it on YouTube. There’s no way your probation officer will see it. [IT-Lex] * More insight into the world of contracting and America’s emerging economic model. [Law and More] * On April 11-12, 2014, the Marquette University Law School will hold a symposium entitled “Judicial Assistants or Junior Judges: the Hiring, Utilization and Influence of Law Clerks.” Our own David Lat will be there, along with such luminaries as Judge Posner, Judge Sykes, Joan Biskupic, and Tony Mauro. [Marquette University Law School] -
Clarence Thomas, Clerkships, Federal Judges, Federalist Society, Feeder Judges, Parties, Pictures, SCOTUS, Supreme Court, Supreme Court Clerks
Justice Clarence Thomas Speaks!
Highlights from Justice Thomas's hilarious and heartwarming remarks at last night's Federalist Society dinner. -
Antitrust, Brett Kavanaugh, Copyright, Federal Judges, Feeder Judges, Law Schools, Non-Sequiturs, Paul Clement, Peter Lattman, SCOTUS, SCOTUS Potential, Supreme Court
Non-Sequiturs: 12.22.11
* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit] * If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial […] -
7th Circuit, Benchslaps, Federal Judges, Judicial Divas, Solo Practitioners
Benchslap of the Day: A Billy Madison Style Rambling, Incoherent Complaint
It's not every day that attorneys repeatedly file "unintelligible" complaints that are "riddled with errors." But it's really not every day that an attorney attempts to file the same complaint three times and appeals to the Seventh Circuit only to get smacked down. Let's see why a lawyer faced the wrath of the Seventh Circuit this week.... -
Elena Kagan, Fashion, Fashion Is Fun, Reader Polls, SCOTUS, Sonia Sotomayor, Supreme Court
Elena Kagan v. Sonia Sotomayor: Who Wore It Better?
As I noted in my liveblogging of Elena Kagan’s confirmation hearings, Solicitor General Kagan decided to wear the same outfit that then-Judge Sonia Sotomayor wore to day one of her confirmation hearings: an electric blue blazer over a black blouse. A reader who was also struck by this sartorial similarity sent us a photographic comparison. […]