Fourth Amendment

Non-Sequiturs

Non-Sequiturs: 06.14.17

* Time to nerd out! We'll start with Senator Dianne Feinstein (D-CA) firing a shot across on the bow on blue slips. [Politico via How Appealing] * Speaking of judicial nominees, Professor Stephanos Bibas, nominated to the Third Circuit, has a long, long paper trail -- including not just lots of law review articles, but letters to the editor from when he was a college kid. [CA3blog] * Who knew that singer John Legend was a legal nerd? He's all about "the challenge and the opportunity of federalism," as Chris Geidner reports. [BuzzFeed News] * It's time for the courts to recognize that the Lemon test "is really and truly dead," according to Daniel Blomberg of Becket. [Bench Memos / National Review] * Meanwhile, Professor Orin Kerr identifies "an interesting question worth flagging for the Fourth Amendment nerds" out there. [Washington Post] * Finally, Fifth Circuit guru David Coale has found something even wonkier than the Rooker-Feldman doctrine. [600 Camp]

By David Lat
Non-Sequiturs

Non-Sequiturs: 05.17.17

* Congratulations to Erwin Chemerinsky, the next dean of Berkeley Law! [How Appealing] * Speaking of deans, this Yale dean -- note, not a dean at the law school -- "loves diversity, except for ‘white trash.’" [Instapundit] * The latest entrant into the FBI director sweepstakes: former senator Joe Lieberman, now senior counsel at one of Donald Trump's "go-to" law firms, Kasowitz Benson. [Newsweek] * "Americans like piece of paper? I have piece of paper!" [Althouse] * In case you were wondering, "Did Rosie O'Donnell ever study constitutional law?" [NewsBusters] * Legal nerds, let's get ready to rumble! Professor Gerard Magliocca asks: "Is Justice Story overrated?" [Concurring Opinions] * Shearman & Sterling partner (and podcaster) Richard Hsu is joining the Major leagues -- legal recruiting firm Major, Lindsey & Africa, that is. [LinkedIn] * Randy Maniloff interviews celebrated lawyer/author Scott Turow, whose new book, Testimony (affiliate link), just came out. [Coverage Opinions] * An argument in favor of protecting your cellphone with your thumbprint and a password. [Katz Justice] * "If you had to choose a law partner from the characters in Better Call Saul, who would you choose?" [Guile is Good] * If you're a law student interested in ediscovery, check out this contest, sponsored by kCura. [kCura via PR Newswire]

By David Lat
Morning Docket

Morning Docket: 05.08.17

* President Trump included a signing statement when approving the funding legislation that will keep the government running through the end of September. In it, he questioned the limits of his spending power and suggested he'd ignore advance notice requirements for Congress when taking foreign policy and military actions, amid other troubling stances on legal matters. [Bloomberg Politics] * In other news, sometime this week -- possibly even later today -- President Trump is expected to announce some of his picks for the more than 120 vacancies in the lower federal courts, all of whom are known for their "scholarly credentials and 'intellectual boldness.'" As luck would have it, we already scooped predicted the names of many of the nominees. [New York Times] * #NoFilter necessary for this case: The End, a Brooklyn coffee shop, has filed suit against Starbucks, claiming the coffee giant copied its Unicorn Latte with its highly Instagrammable Unicorn Frappuccino. The End registered the name of its whimsical drink with the Patent and Trademark Office in January, and seeks all profits Starbucks made from its sale of its mythical sugar bomb. [Newsweek] * Even if you're a passenger in a car, you'll have no reprieve from police searches in this state. The Utah Supreme Court has ruled that police may ask for passengers' identification and run background checks on them -- without any suspicion of wrongdoing -- during traffic stops, and that doing so will not stand as a violation of their Fourth Amendment rights. [FOX 13 Salt Lake City] * Think you've found the perfect person to write you a law school rec letter? Think again. "Like in the world of dating, it helps if your partner/prospective partner is supportive of your plans." Here are some red flags to look out for that may indicate your reference isn't going to meet your deadlines, isn't going to remember who you are, and isn't going to write you a glowing letter. [U.S. News] * Celebrity trial attorney Mark Geragos has filed a $100 million class-action lawsuit against rapper Ja Rule and entrepreneur Billy McFarland, the organizers of the ill-fated Fyre Festival, an event marked by "incompetence on an almost inconceivable scale." In an interview with Variety, Geragos referred to the disastrous event as a "Petri dish of fraud, incompetence and hubris." [Variety]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.10.17

* Let the heads roll: 46 US Attorneys reportedly asked for their resignation by Jeff Sessions. [The Hill] * Woman lawyer gives important speech, people care only about her body. [Washington Post] * This is why education about your legal rights is essential. [New York Post] * Eight interesting and largely horrifying facts about the Texas prison system. [Versus Texas] * Travis LeBlanc, formerly of the FCC, is heading to Boies Schiller. [Law and More] * This Fourth Circuit case is being described as "one of the most gruesome and inhumane decisions in recent memory." [Slate] * Being a public figure has to change your Twitter habits. [Huffington Post] * What's the future for organized labor? [Lawyers, Guns and Money] * How does appropriate dress vary from city to city? [Corporette]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.01.17

* Amazon is struggling to protect law enforcement from turning the Echo into a permanent wiretap. Maybe they should ask Alexa if she can find some caselaw. [Law.com] * Is this the next Solicitor General? [National Law Journal] * In case you missed it, a bunch of whiny snowflakes are complaining that law schools don't respect their opinions. [Volokh Conspiracy / Washington Post] * If you're wondering what life might be like in a totalitarian version of America, consider this profile of Jones Day. [American Lawyer] * Kellogg Huber is now Kellogg Hansen for those keeping score at home. [Kellogg Hansen] * Summer Associate hiring hit a wall last year. Not a good sign for the fragile 3-hour lunch industry going forward. [Am Law Daily] * Dewey & LeBoeuf's Stephen DiCarmine has gotten the government's documents surrounding the Frank Canellas plea deal. [Law360]

By Joe Patrice
Morning Docket

Morning Docket: 12.01.16

* GCs just keep getting raises. Some reports suggest compensation is up almost 7 percent this year. But don't worry -- they'll still bitch and moan about Biglaw associates getting a small cost of living bump. [Corporate Counsel] * If you haven't been paying attention, William & Mary Law School has been on FIRE lately. No, literally, the school is on fire. Call 911. [WAVY 10] * Seventh Circuit may soon rule en banc to ban sexual orientation bias. You know, until Congress and the President impeach the entire Seventh Circuit to bring it back. Wow that was an absurd sentence and yet it's entirely plausible right now. [Law360] * Kelley Drye enters the Texas market. [The Am Law Daily] * Heroic big banks are demolishing patent trolls while everyone else continues to suffer, which sounds about right. [Law.com] * China's got a new cybersecurity law and it's not good news for foreign businesses. [Fortune] * But don't worry, the U.S. is now just as intrusive with new rules taking effect today that allow judges to order broader government hacking for investigative fishing expeditions. So... yay! [Ars Technica]

By Joe Patrice