Federal Rules of Civil Procedure

Non-Sequiturs

Non-Sequiturs: 06.18.15

* It was First Amendment Day at SCOTUS this morning! Here's a recap. [PrawfsBlawg] * Exclusive report on the new CSOL president's meeting with students. He explained how Infilaw had a terrible track record and offered nothing to the school. Just kidding! But he did suggest introducing "a Boy Scout-inspired 'merit badge system'” to the school. So there's that. [SC Lawyers Weekly] * Facebook made this legislator vote the wrong way on a bill. #banBoomers. [Lowering the Bar] * Texas became the first state to ban fracking bans. Looks like they understand hierarchical government in some situations. [Breaking Energy] * Allegations of political influence peddling in Orange County pot industry. I didn't make it to the big ATL Business of Bud conference the other day, but this sounds scandalous. On the other hand, "drug trade influence peddling" used to involve fewer gavels and more Glocks, so this is a positive development. [OC Weekly] * Do you have strong feelings about FRCP 56(d)? You should. An excellent practice tip. [What About Clients?] * Tonight is the Family Violence Appellate Project's annual Battle of the Lawyer Bands. If you want to see bands from Google, O'Melveny, Latham, Jones Day, Lieff Cabraser, and Kirkland & Ellis -- and help a good cause -- then you'd best be in San Francisco and head over to 1015 Folsom. Buy tickets at the link. [Family Violence Appellate Project] * You know who aren't "Beliebers"? The Fourth Circuit. They swatted down Bieber and musical enabler Usher defending themselves against another artist's copyright claim. Read the full opinion on the next page. [Fourth Circuit]

By Joe Patrice
Attorney Misconduct

Morning Docket: 08.16.13

* Former SCOTUS clerks earn more money for having clerked at the high court than SCOTUS justices earn for their yearly salaries. Consider how ridiculous that is. [The Economist] * As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post] * Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal] * Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes] * NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily] * As was widely expected, Mayor Michael Bloomberg’s army of New York City lawyers will soon take the first step to appeal Judge Shira Scheindlin’s stop-and-frisk ruling. [New York Law Journal (sub. req.)] * A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette] * Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer] * Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star] * Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]

By Staci Zaretsky
7th Circuit

Was Judge Posner a Dodo in His Ostrich Opinion?

Of course not! But the headline got your attention, didn’t it? The notion of Judge Richard Posner as being anything other than a genius will certainly make people sit up and take notice. There’s a reason why there’s a Facebook group called Richard Posner for Philosopher King (of which I am a proud member). It […]

By David Lat