Federal Judges

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
Morning Docket

Morning Docket: 05.17.17

* "I hope you can let this go." Former FBI director James Comey was writing memos detailing his conversations with Donald Trump to document what he believed were the president's improper attempts to influence the Michael Flynn investigation. Comey, a damn good lawyer, likely knew that an FBI agent's notes are admissible in court as credible evidence. [New York Times] * The Securities and Exchange Commission just got a Biglaw-style facelift: SEC Chairman Jay Clayton, formerly of Sullivan & Cromwell, has asked Willkie Farr partner Robert Stebbins to serve as his general counsel and SullCrom associate Sean Memon to serve as his deputy chief of staff. [Big Law Business] * Rolling your eyes and calling a federal judge's ruling on an objection "f*cking bullsh*t" will certainly do you absolutely no favors in Judge Amy St. Eve's courtroom. In fact, it just might get you suspended from practice for three months and barred from being a lead trial attorney for a year. [Chicago Tribune] * "I'm an attorney in a capital case!" In videos introduced into evidence during Dylann Roof's mental competency hearings, the convicted killer said his attorneys were "evil," "the spawn of hell," and "liars," and only wanted to keep them while representing himself "so I can abuse them." [Post and Courier] * Drake Law School has entered into an agreement with three historically black colleges and universities to increase its diversity. Entering students will be guaranteed a scholarship to cover at least half of their tuition. Drake's first-time bar pass rate in Iowa was 82 percent in July 2016. [Iowa Public Radio]

By Staci Zaretsky