
Trump Fails To Persuade Court That Attacking Family Members Is ‘Core First Amendment’ Speech
Constitutional troll storms?
Constitutional troll storms?
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For someone muzzled, he sure has a lot to say.
Apparently when you're a star, they don't just let you do it.
* I share Allahpundit's take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November's Federalist Society conference): it's certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air] * And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. Colorado, the shaky but not-overruled Supreme Court precedent about free-speech rights outside abortion clinics. [Bench Memos / National Review] * Speaking of SCOTUS, which amici boast the best track recorders in filing certiorari-stage amicus briefs in business cases? Adam Feldman crunches the numbers -- and the dominance of the U.S. Chamber of Commerce should come as no surprise. [Empirical SCOTUS] * And speaking of the Chamber, it also seems to be making progress on its goal of forcing more disclosure of litigation-funding arrangements, with the reintroduction of the Litigation Funding Transparency Act (LFTA). [Institute for Legal Reform] * Litigation funders don't reflexively oppose any and all disclosure requirements; Michael German of Vannin Capital, for example, argues for a sensible and limited disclosure regime. [New York Law Journal] * If you're looking for an interesting new podcast (besides Wondery's exploration of the Dan Markel case), consider Bound by Oath from the Institute for Justice (Eugene Volokh is a fan). [Institute for Justice] * Should Roger Stone be gagged? Joel Cohen weighs the pros and cons. [The Hill] * Are you a lawyer who enjoys poker? Mark your calendar for February 23! [Attorney Poker Tour]
This guy is why gag orders were invented.
Getting paid can be an arduous task. You should make it as easy on yourself and your clients as possible.
The prosecutor's verboten public comments illustrate why comprehensive protective orders like this one are, and should continue to be, disfavored.
Whatever happened to those Waco bikers? You know, the 177 people arrested at a restaurant in Waco after a motorcycle rally in May ended with nine people shot dead?
* Gloria Allred’s “October Surprise” for Mitt Romney didn’t exactly go according to plan, but that’s probably because she never filed the appropriate motions related to the gag order in this decades old divorce case wherein Mitt Romney testified. [Bloomberg] * This Election Day, 16 Biglaw firms in offices across the country will be manning an Election Protection hotline to field questions, because despite the bad jokes about the legal profession, “lawyers can play a really valuable civic role.” [Am Law Daily] * “We never make decisions to eliminate positions with any discriminatory conduct.” In other news from the CYA Department, Paul Hastings really doesn’t like getting sued by former legal secretaries who were laid off. [JD Journal] * The assistant dean of academic support at TSU’s Thurgood Marshall School of Law claims the school discriminated against her based on her skin color. Did we mention she’s white? [Courthouse News Service] * Apparently the allegations of false reporting levied against TJSL are a “crock of crap” because the school claims the ex-employee who told on them never alerted the dean. Hmm… [Thomas Jefferson School of Law] * A nice pipe dream: now that “the twilight of the generalist law degree is here,” perhaps law schools will move to a two-year model, with an optional third year for specialization purposes. [DealBook / New York Times]