Eugene Volokh

Non-Sequiturs

Non-Sequiturs: 02.25.18

* Audacious: former Mercer Law student Stephen McDaniel, who took apart the body of Lauren Giddings after brutally murdering her, seeks habeas corpus. [WGXA] * "Did #MeToo really bring a reckoning to the legal industry?" A discussion featuring Katherine Ku, Dahlia Lithwick, Leah Litman, Ian Samuel, and me. [Vice] * Speaking of #MeToo and the legal profession, look for more disturbing stories like this one to emerge in the weeks ahead. [Medium] * Best friends: which amici in the Supreme Court have the strongest track records in major cases? [Empirical SCOTUS] * Speaking of SCOTUS, if you were a billionaire who dropped $32.5 million on beachfront property, you too would hire Paul Clement to seek certiorari in your takings case. [SFGate] * As someone with a mild case of prosopagnosia (aka face-blindness), I totally agree with Eugene Volokh's recommendations about nametags at conferences. [Volokh Conspiracy / Reason] * Divorce lawyer and former Playboy model Corri Fetman, no stranger to our pages, is running for Cook County Circuit Court judge -- and calling out her opponents for running body-shaming attack ads. [Chicago Reader] * Here's what the United States can -- and can't -- learn from the small, happy, and fairly homogenous nation of Denmark (by Megan McArdle via Glenn Reynolds). [Instapundit] * If you share my confusion about blockchain, here's a recommendation: check out the new Integra Wallet, just released by legal-blockchain pioneer Integra Ledger. [Artificial Lawyer] * Speaking of leveraging the power of blockchain, you simply must check out Casey Flaherty's new Magic Money Machine™. [3 Geeks and a Law Blog] * If you work a lot with expert witnesses, you might want to check out Courtroom Insight, for reasons explained by Jean O'Grady. [Dewey B Strategic] * Congratulations to Professor Jennifer Levi, recipient of the ABA Stonewall Award for her pioneering work on transgender rights! [Western New England University]

By David Lat
Non-Sequiturs

Non-Sequiturs: 02.02.18

* A question that has crossed the mind of every Biglaw corporate associate: "How much of lawyering is being a copy-and-paste monkey?" [3 Geeks and a Law Blog] * Kenneth Jost notes out how Justices Ginsburg and Gorsuch like to butt heads -- and scores the fight 2-0 in RBG's favor. [Jost on Justice] * And speaking of rumbles at One First Street, which pairs of justices have the most disagreements with each other, as reflected in majority and dissenting opinions? Adam Feldman has answers. [Empirical SCOTUS] * Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), takes on a new challenge: running for Congress. [American Bazaar] * Data privacy is the name of the game these days, and Thomson Reuters is ready; TR showed off its new, Watson-enabled Data Privacy Advisor at Legalweek here in New York. [Dewey B Strategic] * Amidst all the hoopla and robot fights at Legalweek, it would be easy to overlook the latest news from Neota Logic -- but you shouldn't. [Artificial Lawyer] * Should more states move away from requiring unanimous jury verdicts in criminal cases? Joel Cohen argues that 11 is not enough. [Law & Crime] * Can a U.S. court punish someone for their speech, on the theory that he breached an agreement not to speak, while keeping the speech-restrictive agreement secret? Eugene Volokh thinks not (with good reason). [Volokh Conspiracy / Reason] * Dewey see an end in sight for legal proceedings related to the collapse of the Biglaw giant? Former executive director Stephen DiCarmine was supposed to be in court today to face fraud claims from the Securities and Exchange Commission, but it looks like the parties might have a deal. [Law360] * If you will be in New York City next weekend and are interested Asian-American leadership in the legal field, consider attending Columbia APALSA's annual conference -- where Kathy Hirata Chin will be honored for her efforts to promote diversity in the legal profession. [Columbia Law School APALSA]

By David Lat
Non-Sequiturs

Non-Sequiturs: 08.16.17

* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing] * "Can private employers fire employees for going to a white supremacist rally?" It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post] * Joel Cohen explores special counsel Robert Mueller's decision to impanel a grand jury in D.C. [Huffington Post] * Neha Sampat identifies three ways to hire resilient lawyers -- and the benefits to diversity of focusing on resilience. [Law Practice Today] * Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS] * Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]

By David Lat
Non-Sequiturs

Non-Sequiturs: 08.09.17

* Which justices dissent most frequently in constitutional cases? The top few probably won't surprise you, but Adam Feldman has other interesting data too. [Empirical SCOTUS] * A hefty -- think 132 pages -- ruling from the Tenth Circuit, overturning a Native American man's murder conviction and death sentence, could have major implications. [How Appealing] * Warm words from Eugene Volokh for his co-blogger Nick Rosenkranz, a possible Second Circuit nominee. [Volokh Conspiracy / Washington Post] * Drew Rossow poses an interesting question: Could Your Roomba Soon Be Sucking Up Your Privacy Rights? [Huffington Post] * Ann Althouse analysis on President Trump's controversial "fire and fury" comments. [Althouse] * "THE HORROR. THE HORROR. Newark Terrorized by Whole Foods." [National Review via Instapundit]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.12.17

* The allegations about Marc Kasowitz's drinking problem might be salacious, but the issue of alcohol abuse by lawyers is serious. [Law.com] * Fun for legal nerds everywhere: Chief Judge Diane Wood benchslaps parties for shoddy jurisdictional statements! [On the Case / Alison Frankel via How Appealing] * And more fodder for #appellatetwitter types: Adam Feldman ranks the most-cited justices of the last Supreme Court Term. [Empirical SCOTUS] * Chris Geidner wonders whether another shoe will drop concerning the emails of Donald Trump Jr. [BuzzFeed] * The trial judge in this defamation case ought to read this analysis by Professor Eugene Volokh -- or at least watch The Big Lebwoski ("For your information, the Supreme Court has roundly rejected prior restraint."). [Volokh Conspiracy / Washington Post] * Professor Paul Horwitz comes to the defense of the latest controversial comments by the artist formerly known as Judge Richard Posner. [PrawfsBlawg]

By David Lat
Non-Sequiturs

Non-Sequiturs: 05.30.17

* Harvard law students go all out in everything they do -- and lying is no exception. [New Yorker] * If you're looking to purchase ancillary legal services (e.g., business or litigation support), check out the Buying Legal Guide, just launched today by the Buying Legal Council and Legal.io. [Buying Legal Guide] * Joshua Matz explains how and when the Supreme Court might review the Trump travel ban (aka "Muslim ban"). [Take Care via How Appealing] * Speaking of the courts, here's Professor Carl Tobias's advice to President Donald Trump on how to fill those 100+ vacancies in the federal judiciary. [Washington and Lee Law Review Online] * Why is flying such a miserable experience? Blame not just the lawyers but also the index funds, as Matt Levine explains. [Bloomberg View] * A prominent professor sues Columbia Law School, alleging age discrimination. [TaxProf Blog] * Professor Eugene Volokh explains the First Amendment to government officials: "no, the government may not deny permits for speech because it views the speech as promoting 'bigotry or hatred.'" [Volokh Conspiracy / Washington Post] * Additional thoughts on what TC Heartland means for venue in patent cases, from IP columnist Gaston Kroub. [On the Docket / George Washington Law Review]

By David Lat
Non-Sequiturs

Non-Sequiturs: 05.05.17

* What does Biglaw firm Cozen O'Connor share in common with Brooklyn hipsters? [Philadelphia Business Journal] * Glenn Reynolds offers concise commentary on Comey. [Instapundit] * "Kozinski, circuit judge, ruminating" -- yeah, you know you want to click.... [Volokh Conspiracy] * Professor Ann Althouse does not "like" punishing high school students for their Facebook activity. [Althouse] * And Professor Orly Lobel questions the use of noncompetes, especially in terms of low-wage workers and women. [New York Times via PrawfsBlawg] * How many Jewish justices have we had in Supreme Court history? [U.S. National Archives via How Appealing]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.25.17

* Chicago lawyer Thomas Demetrio seems to have discovered a new niche practice in "angry airline customer" law. Not only is he representing United Airlines dragging victim David Dao, but he's also reportedly been contacted by the American Airlines stroller mom. [Law and More] * In the wake of the surprise announcement of Whittier Law's closure, law professors want to know: "Are 5-25 law schools in a 'death spiral' leading to closure over the next five years?" [TaxProf Blog] * "I see no data to support the notion that Gen. Flynn complied with the law." Per the House Oversight Committee, former national security adviser Michael Flynn may have broken the law when it came to disclosing payments he received from Russia. [CNN] * Who better to comment on President Donald Trump's first 100 days than law professors? And what better way to do so than in 100 words or less? [NYU Law] * Professor Eugene Volokh of UCLA Law begs to differ with Howard Dean as to whether Ann Coulter may be barred from speaking at UC Berkeley. [Volokh Conspiracy]

By Staci Zaretsky
Morning Docket

Morning Docket: 12.11.15

* "[W]e refuse to be distracted by disgruntled employees or frivolous lawsuits." Baltimore State's Attorney Marilyn Mosby is being accused of firing a handful of prosecutors due to their political associations in a newly filed lawsuit. [Baltimore Sun] * Texas Wesleyan wants to dismiss a suit filed by its "disavowed" law school grads because it says its obligation "ended with their graduation," so it doesn't need to grant them alumni status with Texas A&M Law. Harsh. [Courthouse News Service] * Connecticut Governor Dannel Malloy will soon sign an executive order banning those on the federal no-fly list from purchasing guns in the state. Professor Eugene Volokh thinks that this policy is constitutionally controversial. Do you agree? [WSJ Law Blog] * Vinson & Elkins is moving its Dallas headquarters to a fancy $200 million building, where it'll fill up 80,000 sq ft of office space in 2018. How nice for you! Now be nice to your associates and announce your Cravath bonus matches. [Dallas Morning News] * What's the best way to get out of paying millions of dollars to lawyers who you hired to perform complex legal work? If you're hurting for cash, then take a cue from this New Jersey firm and file for Chapter 11 bankruptcy to ditch your drama. [Bergen Record]

By Staci Zaretsky