Fifth Amendment

Non-Sequiturs

Non-Sequiturs: 09.16.18

* Will Senator Susan Collins be persuaded by the campaign to get her to vote against Judge Brett Kavanaugh? Ed Whelan has his doubts. [Bench Memos / National Review] * Speaking of the Supreme Court, Adam Feldman identifies his "Supreme Court All-Stars" (2013-2017): the lawyers and law firms with the most arguments -- and wins -- before the high court. [Empirical SCOTUS] * Greg Lukianoff and Adam Goldstein offer tips for protecting freedom of speech on college campuses, inspired by a new book, The Coddling of the American Mind (affiliate link) by Greg Lukianoff and Jonathan Haidt. [Volokh Conspiracy / Reason] * Charles Glasser to news organizations, on the subject of self-policing: do better. [Daily Caller] * How should we evaluate the success of law firm mergers? Madhav Srinivasan of Hunton Andrews Kurth has some thoughts on methodology. [Law.com] * And Orin Kerr offers a proposal for applying the Fifth Amendment privilege against self-incrimination to compelled "decryption" of a locked phone, computer, or file. [SSRN] * Speaking of privacy, Google is taking some heat in Arizona over its alleged practice of recording location data of Android device owners even if they opted out of such tracking. [Washington Post] * When it comes to learning how to integrate technology into the delivery of legal services, American law firms can learn a thing or two from the Brits -- as the latest move by CMS suggests. [Artificial Lawyer]

By David Lat
Morning Docket

Morning Docket: 05.09.18

* No collusion! Michael Cohen's shell company -- the same one used to pay hush money to Stormy Daniels -- received more than $1 million in payments from a company that's been linked to a Russian oligarch with close ties to Vladimir Putin. The same oligarch was sanctioned by the Trump administration for election interference. Special counsel Robert Mueller is on it. [New York Times; CNN] * If President Trump does sit down for an interview with the special counsel, he could make history if he decides to plead the Fifth Amendment. No American president has ever used the Fifth Amendment to avoid self-incrimination while still in office. [TIME] * Is your law school following the new law clerk hiring plan? It better be, if your graduates want a chance to clerk with Justice Elena Kagan. The former law school dean says she'll "take into account" in her own clerkship hiring whether law schools and lower court judges have complied with the plan. [National Law Journal] * A former professor and an alumnus from Charlotte Law School have added the American Bar Association to their suit against the defunct for-profit school, claiming in an amended complaint that the ABA negligently certified the school and "failed to act as a reasonable accreditor" -- which makes sense. [Law360 (sub. req.)] * A 15-member panel comprised of Florida State University faculty, staff, students, and alumni want the name of their law school building to be changed. It's currently named after former Florida Chief Justice B.K. Roberts, who worked to keep the University of Florida's law school segregated. [News 4 JAX] * Sorry, Tommy and Kiko, but you're going to have to stay in your cages. The New York Court of Appeals refused to hear a habeus appeal on behalf of the chimpanzees, allowing a ruling that they are not legal persons and therefore have no legal rights to stand. At least the concurring opinion was a little less dour. [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 04.13.18

* Hooooo boy, this just got even better! President Trump and his attorney Michael Cohen plan to file a motion to stay the Stormy Daniels suit on the grounds that in the wake of the FBI raid on Cohen's office and the ensuing criminal investigation, continuing the Daniels litigation could violate Cohen's right not to incriminate himself under the Fifth Amendment. [THR, Esq. / Hollywood Reporter] * In other news, President Trump is set to pardon Scooter Libby, Vice President Dick Cheney‘s former chief of staff, who was convicted in 2007 of lying to the FBI and obstruction of justice in the investigation into the leak of former CIA operative Valerie Plame’s identity. [ABC News * When the AP was investigating a $30K payout that American Media Inc. made to a doorman to keep quiet about a rumor involving President Trump's love child with a former employee, reporters had some trouble with a Biglaw firm that was recently involved in another sexual misconduct case -- Boies Schiller. [American Lawyer] * HoLove learning to show love? The firm is ditching its "broken" associate performance review system for its new "Pathways" program, which will provide them with "flash feedback" from partners about how they're doing on a year-round basis. [National Law Journal] * Your tuition dollars actually at work: Georgia State Law is using predictive modeling and data analytics to identify students who may be at risk for failing the bar exam after their first year of studying law. Administrators at the school want to be able to help students before it's too late. [Daily Report Online] * Savannah Law School may not be closing after all? It seems that talks are underway to donate the law school's charter to another college or university, like Savannah State and Georgia Southern. Savannah Law's new owner would get everything but the law school building itself. [Fox 28 Media]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 09.30.16

* Alabama Chief Justice Roy Moore has been suspended. [Slate] * A look at Alexander Hamilton, the lawyer. [Law360] * The cases that are shaping the upcoming Supreme Court Term. [Empirical SCOTUS] * Donald Trump's history of pleading the Fifth. [Huffington Post] * Review of the latest episode of jury consultant extraordinaire, Dr. Bull. [DOAR] * Are Trump's late-night tweets defamatory? [LawNewz] * The Hulk Hogan decision has made A.J. Daulerio consider some crazy options. [Law and More]

By Kathryn Rubino
Courthouses

Non-Sequiturs: 11.03.14

* Floridian women lawyers got their wish: Bad Judge, plagued by bad ratings, is getting canceled. [Daily Business Review] * A round-up of write-ups about today’s oral arguments in the Israel / Jerusalem passport case. [How Appealing] * Interesting reflections from Professor Glenn Reynolds on the controversial catcalling video. [USA Today via Instapundit] * Things are bats**t insane — literally — at this Utah courthouse. [Gawker] * The D.C. Circuit gives the EPA its way on cross-state air pollution. [Breaking Energy] * Election monitors from the Justice Department: possibly coming to a jurisdiction near you (including Bergen County, New Jersey, where I grew up). [BuzzFeed] * Can cops force suspects to use their fingerprints to unlock their cellphones? Eric Crusius and Lisa Giovinazzo debate, after the jump. [Fox News]

By David Lat
Baseball

Non-Sequiturs: 09.12.13

* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg] * Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood] * Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal] * And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired] * A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland] * Elie smash, Charlotte Law School. [NPR Charlotte] * The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers] * Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]

By Joe Patrice