Eugene Volokh

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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]

Non-Sequiturs

Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, "the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism." [Leaders of a Beautiful Struggle] * The current Term of the Supreme Court doesn't boast many blockbusters -- but some cases are more interesting than others, as Adam Feldman points out. [Empirical SCOTUS] * Illegal aliens, guns, and strict liability, oh my! Eugene Volokh breaks down Rehaif v. United States, which SCOTUS just agreed to hear. [Volokh Conspiracy / Reason] * The Supreme Court has taken an increased interest in intellectual property in recent years -- and if it wants to tackle issues of copyright infringement in the digital age, Capitol Records v. ReDigi could be a good vehicle. [All Rights Reserved] * Speaking of supreme courts, Florida's is likely to shift rightward, as Ed Whelan explains. [Bench Memos / National Review] * If you're getting lots of questions from friends and family about the constitutional law of shutdowns, check out this helpful explainer from Zachary Price. [Take Care] * And if you have thoughts on what legal publishers got right and wrong in 2018, Jean O'Grady would like to hear from you. [Dewey B Strategic]

Non-Sequiturs

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilities -- including Glenn Reynolds's picks. [Instapundit] * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care] * Facebook friends aren't "real" friends -- at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy] * Managing partners don't get no respect at law firms -- and Bruce MacEwen thinks that's a problem. [Adam Smith Esq.] * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers -- and if you're thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic] * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

Non-Sequiturs

Non-Sequiturs: 10.07.18

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor System, especially when it comes to dealing with racial bias. [Cavalier Daily] * Eugene Volokh and David Post offering conflicting perspectives on Brett Kavanaugh and judicial temperament. [Reason / Volokh Conspiracy; Reason / Volokh Conspiracy] * The current Term of the U.S. Supreme Court might be short on blockbusters -- but it's not without interesting themes, according to Adam Feldman. [Empirical SCOTUS] * Emily Gold Waldman explores the intersection of diversity requirements, inclusion riders, and Title VII. [PrawfsBlawg] * Jean O'Grady looks at the latest offering from Intelligize. [Dewey B Strategic] * Funding continues to flow into the world of legal tech -- and the latest beneficiary is Lexoo, the U.K.-based, lawyer-matching online marketplace. [Artificial Lawyer]

Non-Sequiturs

Non-Sequiturs: 08.26.18

* Jane Genova explores the implications of Jones Day's representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More] * Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill] * As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states -- and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason] * Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller] * If you're an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business] * The justices will consider more than 1,000 certiorari petitions at the "long conference" on September 24 -- and Adam Feldman identifies some of the standouts. [Empirical SCOTUS] * Speaking of SCOTUS, if you'll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump's transformation of the federal judiciary. [Yale Federalist Society] * The World Bank launches the world’s first BONDI, or "blockchain operated new debt instrument," with an assist from King & Wood Mallesons. [Artificial Lawyer]

Non-Sequiturs

Non-Sequiturs: 08.19.18

* Charles Glasser proposes replacing "Trump Derangement Syndrome" with "Trump Obsession Syndrome" -- which might be more accurate, but isn't nearly as fun. [Daily Caller] * Speaking of anti-Trump sentiment, here's an interesting new ranking -- from Adam Bonica, Adam Chilton, Kyle Rozema, and Maya Sen -- showing just how liberal certain law schools are. [TaxProf Blog] * Trying to date in law school? You're looking for love in all the wrong places, according to 3L Korey Johnson. [Black Girl Does Grad School] * Speaking of law school, here's Kat Griffin's roundup of the best blogs for women law students (with a shoutout to ATL; thanks, Kat!). [Corporette] * An "Abolish ICE" t-shirt might not be very fashionable -- but it is constitutionally protected speech, as Eugene Volokh explains. [Volokh Conspiracy / Reason] * Joel Cohen wonders: should more states ban secret recording of conversations -- and could the odious Omarosa be the catalyst for such change? [The Hill] * Neha Sampat discusses the problem of "imposter syndrome" -- and what we can all do to address it. [Attorney At Work] * "Sex pigs halt traffic after laser attack on Pokémon teens." Yeah, you know you wanna click.... [Instapundit] * Where does your law firm fall along the AI adoption spectrum? Jean O'Grady lays out the stages. [Dewey B Strategic]

Non-Sequiturs

Non-Sequiturs: 08.05.18

* Joel Cohen tackles a tricky issue: how far should a lawyer go when defending a controversial client -- e.g., Bill Cosby -- in the court of public opinion? [Law and Crime] * How much does being a conservative or libertarian hurt you when applying for a position as a law professor? James C. Phillips attempts to quantify the "rank gap." [SSRN] * Some thoughts on the case involving 3D-printer gunmaking instructions, from Eugene Volokh -- who, not surprisingly, has a take that's a bit more nuanced than Elie Mystal's. [Volokh Conspiracy / Reason] * Happy blogiversary to Artificial Lawyer -- a great resource for anyone interested in the intersection of AI and the law. [Artificial Lawyer] * C. Boyden Gray, a former White House Counsel, offers a clear and persuasive explanation of why seeing all the documents that Brett Kavanaugh sent or received during his time as White House Staff Secretary isn't going to aid in evaluation of his SCOTUS nomination. [The Hill] * From leading Supreme Court lawyer Lisa Blatt: "I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh." [Politico] * And here's more support for the SCOTUS nominee, from Kathryn Cherry, a former Kavanaugh clerk (and an African-American woman -- one of Judge Kavanaugh's many female or minority clerks). https://www.youtube.com/watch?v=PBjEJPdAOPo&feature=youtu.be

Non-Sequiturs

Non-Sequiturs: 05.20.18

* After issuing a TRO to a block a political ad attacking his own allies and campaign donors -- "almost certainly an unconstitutional prior restraint," in the words of First Amendment guru Eugene Volokh -- Judge Doug Martin of Arkansas (finally) recuses himself. [Daily Caller] * Jim Comey's bestselling book (affiliate link) could cause complications for Robert Mueller and his investigation, according to Joel Cohen. [Law and Crime] * Which state solicitors general appear most frequently before the Supreme Court? Not surprisingly, Scott Keller of Texas leads the pack, but check out Adam Feldman's list for other notable names. [Empirical SCOTUS] * Jean O'Grady shares my admiration for the late Tom Wolfe -- and even corresponded with the acclaimed author. [Dewey B Strategic] * Too few people are willing to take ownership of change -- and this is a big problem, as Greg Lambert explains. [3 Geeks and a Law Blog] * John Fund asks: has the American Law Institute (ALI) strayed from its mission of describing the law and into advocating changes in the law instead? [National Review] * What is "Old Tweet Syndrome," and is there a cure for it? Charles Glasser makes a diagnosis. [Daily Caller] * Adam J. White wonders: Does the Solicitor General's request for more time to file its reply to Sierra Pacific's cert petition in the "Moonlight Fire" case suggest that the Justice Department might confess error? [Weekly Standard] * If you'll be in Chicago on June 8, please consider coming to the twelfth annual dinner of the Richard Linn Inn of Court, where I'll be speaking -- hope to see you there! [Richard Linn American Inn of Court]

Non-Sequiturs

Non-Sequiturs: 04.22.18

* Joel Cohen makes the case for appointing a special master to review the attorney-client privilege claims in the case of Michael Cohen (no relation). [Law and Crime] * A fun profile of Judge Kimba M. Wood (S.D.N.Y.), who's presiding over the Cohen case -- and who "doesn't need to eat the whole barrel to know it's not a pickle." [Politico] * Circuit judges can play it safe, in the hopes of making it to the Supreme Court someday, or they can be bold (which might help their SCOTUS chances, or might hurt them); Judge James Ho is going for the second approach. [U.S. Court of Appeals for the Fifth Circuit] * Professor Eugene Volokh: "What is this, Mean Girls: Supreme Court Edition?" [Volokh Conspiracy / Reason] * Still on SCOTUS, which leading appellate lawyers (according to Chambers & Partners) have the most active practices before the high court? [Empirical SCOTUS] * What's the best new legal-information product out there, and what's the best new product feature or function? Survey says.... [Dewey B Strategic] * Because having a law school named after him wasn't enough, Philadelphia trial lawyer Thomas R. Kline is now honored by a giant marble statue. [Philly.com] * The Wisconsin Supreme Court will decide an important case about academic freedom (and Above the Law gets cited in the amicus brief of the National Association of Scholars -- see footnote 29). [Badger Pundit] * Congratulations to former Miss America winner Deidre Downs Gunn and attorney and writer Abbott Jones on their recent nuptials! [People] * And congratulations to the recipients of 2018's Best LGBT Lawyers Under 40 Awards! [LGBT Bar]