Federal Judges

Morning Docket

Morning Docket: 07.14.17

* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing] * And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner] * In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune] * Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department's new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O'Scannlain of the Ninth Circuit.) [U.S. News] * Former Ropes & Gray COO Hugh A. Simons wonders: "Are Law Firms Too Sophisticated for Their Own Good?" [Am Law Daily] * Will law school applications see a "Trump Bump," as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com] * Yes, lawyers should stand up for their beliefs -- but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time] * The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing] * Congratulations to Stephen Kane, an alum of O'Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup -- which he describes as "a virtual Judge Judy." [TechCrunch]

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
Morning Docket

Morning Docket: 07.12.17

* "If it’s what you say I love it especially later in the summer." An anonymous government official has said that Justice Department Special Counsel Robert Mueller will be taking a hard look at the emails disclosed by Donald Trump Jr. and the meeting discussed within them in his investigation into any possible collusion with Russia's interference in the 2016 presidential election. [CNN] * President Trump has a rare opportunity to reshape the federal judiciary, and with close to 150 vacancies, he's attempting to do just that. That being said, many people are understandably worried about the prospect of Trump's judicial picks because "[w]e're seeing nominees, including Gorsuch, who are going to turn back the clock on hard-fought rights and liberties." [Bloomberg News] * Demand for legal services may be sluggish at best, but that's not stopping law firm leaders from making bullish projections for the future. According to the latest report from Citi Private Bank, law firm managing partners are cautiously confident in the outlook for their businesses. We may have more on this later today. [Am Law Daily] * In what seems to be an effort to catch up with modern times, the American Bar Association's Section of Legal Education and Admissions to the Bar is considering adding gender identity and ethnicity to existing law school accreditation rules regarding diversity, nondiscrimination, and equal opportunity. [ABA Journal] * Notes from the weed line: In this op-ed, former Minnesota governor Jesse Ventura says that if President Trump decides to somehow reverse state laws that have legalized marijuana, then not only would those states be potentially bankrupted, but such action could also trigger another economic collapse across the entire nation. [CNBC]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 06.21.17

* "Trump's Most Lasting Legacy? America's courts." [The Atlantic via How Appealing] * Speaking of the Supreme Court, which justice is most frequently first out of the gate when it comes to questioning at oral argument? Adam Feldman runs the numbers. [Empirical SCOTUS] * Floyd Abrams, celebrated First Amendment lawyer and author (affiliate link), laments the sad state of freedom of speech on college campuses today. [Concurring Opinions] * Well, this is interesting: DOJ Pride, the Justice Department's group for LGBT employees, will honor Gavin Grimm this year, as Chris Geidner reports. [BuzzFeed] * Former New York City Mayor Michael Bloomberg, who's not exactly a Donald Trump fan, thinks the Donald has a better than even chance of winning reelection in 2020. [Instapundit] * And he's not alone, as Ann Althouse's round-up of reactions to Jon Ossoff's failed congressional run suggests. [Althouse]

By David Lat
Morning Docket

Morning Docket: 06.02.17

* Let's get ready to rumble: the Trump administration seeks Supreme Court review -- and rescue -- of its travel ban. [New York Times] * In other federal judicial news, the Ninth Circuit, sitting en banc, held that courts cannot routinely shackle defendants during proceedings; Judge Alex Kozinski wrote the majority opinion, and former Kozinski clerk Judge Sandra Ikuta wrote the dissent. [How Appealing] * Judge Nicholas Garaufis (E.D.N.Y.) -- who isn't shy about telling lawyers how he really feels -- has a new bee in his Article III bonnet: "I’m sick and tired of lawyers from white-shoe law firms marching into my courtroom and getting a deferred-prosecution agreement for their clients." [ABA Journal] * Why did President Donald Trump hire Marc Kasowitz to represent him in the Russia inquiry -- and could DJT already be second-guessing that decision? [Weekly Standard] * Speaking of the Russia probe, Robert Mueller is getting some high-powered help: outgoing Justice Department official Andrew Weissmann joins his former boss's team. [Law360] * Interesting new data from our friends at NALP: the $180K starting salary might not be as widespread as you think. [Law.com] * President Trump plans to withdraw the U.S. from the Paris climate deal -- but withdrawal can't be finalized until near the end of his term because of the accord’s legal structure and language. [Washington Post]

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
Morning Docket

Morning Docket: 05.26.17

* The Russia investigation now turns to President Donald Trump's son-in-law, Jared Kushner -- proud holder of a law degree from NYU (and a really great set of abs). [Washington Post] * Former Senator Joseph Lieberman (D-CT), currently senior counsel at Kasowitz Benson, has withdrawn from consideration as FBI Director (as my colleague Staci Zaretsky predicted, after Marc Kasowitz got hired by President Trump to represent him in the Russia probe). [New York Times] * Congratulations to Judge Amul Thapar, President Trump's first lower-court nominee, on his confirmation to the Sixth Circuit -- although it's disappointing that no Democrats voted in favor of this eminently qualified (and diverse) candidate. [How Appealing] * Despite allegedly roughing up a reporter (for which he's apologized), Republican Greg Gianforte won the race for Montana's sole seat in the House of Representatives (as my colleague Joe Patrice predicted he would). [New York Times] * How did Michelle Obama react when Barack Obama declined to pursue a coveted Supreme Court clerkship? Tony Mauro tells the tale. [Law.com] * The ABA continues to fight the good (or not so good?) fight in defense of the Public Service Loan Forgiveness (PSLF) program. [ABA Journal] * It seems that some folks on Capitol Hill like my proposed solution to the use of "blue slips" in the judicial confirmation process. [Washington Post via How Appealing] * The Brooklyn District Attorney's office concludes that a slew of murder convictions based on dubious evidence from embattled detective Louis Scarcella must be thrown out -- and yet Scarcella engaged in no wrongdoing. [New York Times] * Biglaw firms are suffering from an oversupply of lawyers, and a quarter of respondents to a recent survey said their associates don't have enough work -- which might explain why at least one firm has turned to laying off first-year associates. Yikes. [ABA Journal]

By David Lat