Jean O’Grady

Non-Sequiturs

Non Sequiturs: 04.07.19

* Where does Justice Brett Kavanaugh fit along the ideological spectrum at the Supreme Court? Adam Feldman evaluates the evidence thus far. [Empirical SCOTUS] * Speaking of SCOTUS, Frank Pasquale takes Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (affiliate link), as a jumping-off point for exploring the political polarization of SCOTUS. [Balkinization] * Texas v. Azar, the Obamacare case now pending before the Fifth Circuit, makes for unusual alliances -- how often do you see Jonathan Adler, Nick Bagley, Abbe Gluck, and Ilya Somin on the same amicus brief? [Take Care] * David Bernstein offers some thoughtful reflections -- with which I happen to agree -- on how some conservatives responded to the nominations of Neomi Rao and Jessie Liu. [Volokh Conspiracy / Reason] * Joel Cohen has a question about Robert Mueller: “What did he know, and when did he know it?” [The Hill] * And Cohen also has this interesting interview with Justice David Wecht of the Pennsylvania Supreme Court, about an important (and disturbing) subject: the recent rise in anti-Semitism, in America and abroad. [Tablet] * If you share my interest in litigation finance, then you might be interested in this great new resource: a comprehensive digital library of documents relating to the litigation-funding industry. [Litigation Finance Journal] * What trends and technology will shape the future of the legal profession? Jean O'Grady discusses highlights from a new report by Wolters Kluwer. [Dewey B Strategic]

By David Lat
Non-Sequiturs

Non Sequiturs: 03.03.19

* Several weeks after its release, Over My Dead Body, Wondery's new podcast exploring the Dan Markel case, continues to top the podcast charts -- and creators Matthew Shaer and Eric Benson have some thoughts on why the case has seized the public imagination. [Inside Edition] * The Keith Tharpe case, far from representing an isolated injustice, reflects and embodies the racist roots of the death penalty in America, according to Stephen Cooper. [CounterPunch] * The fight against racism in the justice system has been going on (and will continue) for many years -- and as Texas lawyer John Browning has discovered, trailblazing African American attorneys were fighting to integrate the bar of the Lone Star State as early as the 1800s. [Texas Lawyer] * I've previously argued against treating blue slips as senatorial vetoes of judicial nominees, based on their consequences for the federal judiciary -- and as Thomas Jipping points out, history supports treating blue slips as a senatorial courtesy, nothing more. [Bench Memos / National Review] * Don't be fooled by the high level of unanimity in the Supreme Court's first few decisions of the Term; greater disagreement lurks in the "shadow docket," as Adam Feldman explains. [Empirical SCOTUS] * The compromise appropriations bill that saved us from another government shutdown could also advance the Trump Administration's "remain in Mexico" policy for asylum seekers from Central America -- which Stewart Baker believes "may offer a better solution to the immigration crisis than the construction of a few miles of new wall." [Lawfare via Volokh Conspiracy / Reason] * Actor James Woods is out of the woods in a defamation lawsuit arising out of an erroneous tweet of his, thanks to this interesting ruling by the Sixth Circuit. [How Appealing] * Jean O'Grady is excited about Panoramic, the latest offering from Thomson Reuters, which transforms "the ambitious idea of merging workflow and billing into an actual product." [Dewey B Strategic]

By David Lat
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Non-Sequiturs

Non Sequiturs: 02.10.19

* Irina Manta, a recent addition to the roster of Volokh Conspirators, assesses some of the attacks leveled against D.C. Circuit nominee Neomi Rao. [Volokh Conspiracy / Reason] * In other nomination news, Thomas Jipping explains why conservatives should temper their excitement over those 44 judicial nominees who just got reported out of the Senate Judiciary Committee. [Bench Memos / National Review] * Michael Dorf's take on Chief Justice John Roberts joining the four liberals on the Supreme Court to put the Louisiana abortion law on hold: the right to an abortion is "not in quite as much immediate danger as one might have thought. And that's not nothing." [Take Care] * Lawyer to the stars Alex Spiro, partner at Quinn Emanuel, talks about how he's approaching the representation of his latest celebrity client, rapper 21 Savage. [Complex] * On the occasion of his 15th blogiversary (congratulations!), Rick Garnett reflects on the past and future of blogging. [Mirror of Justice via PrawfsBlawg] * Jean O'Grady chats with Pablo Arredondo of Casetext about the platform's newest features. [Dewey B Strategic] * And in other legal technology news, congrats to legal AI innovator Luminance on securing another $10 million in funding (reflecting a total valuation for the company of $100 million). [Artificial Lawyer] * Last Thursday, Alabama executed Domineque Hakim Marcelle Ray and did not allow his imam to be present (even though Christian inmates can have the prison chaplain present) -- a manifest injustice, according to Stephen Cooper. [Alabama Political Reporter] * In the latest installment of his ongoing series offering advice to trial lawyers, David Berg sets forth an essential rule of cross-examination. [YouTube]

By David Lat
Non-Sequiturs

Non Sequiturs: 02.03.19

* How have personnel changes at the Supreme Court affected the dynamics at oral argument? Adam Feldman offers this analysis. [Empirical SCOTUS] * Ed Whelan expresses relief over the White House's new slate of Ninth Circuit nominations. [Bench Memos / National Review] * Can President Trump declare a "national emergency" in order to build his beloved wall? The National Emergencies Act is not a blank check, according to Brianne Gorod. [Take Care] * Should Congress pass a "deepfakes" law? Orin Kerr has some concerns. [Volokh Conspiracy / Reason] * What's going on with Rudy Giuliani? Joel Cohen has a theory. [The Hill] * Jean O'Grady is pleased to see all the competition in the legal analytics space (with Precedent Analytics from Thomson Reuters as the newest entrant) -- but she'd like to see more support for the competing claims of the different products. [Dewey B Strategic] * News organizations need stricter and better guidelines when interviewing mentally ill defendants, according to former public defender Stephen Cooper. [The Tennessean] * Have questions about the fast-approaching February bar exam? Ashley Heidemann has answers. [JD Advising]

By David Lat
Non-Sequiturs

Non Sequiturs: 01.20.19

* Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative -- e.g., Judge Amy Coney Barrett. [Empirical SCOTUS] * Speaking of SCOTUS, here's Ilya Somin's read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason] * Stephen Embry disagrees with Joe Patrice's suggestion that junior lawyers are going extinct, but Embry acknowledges the major effect that technology is having, and will continue to have, on legal practice and employment. [TechLaw Crossroads] * Charles Glasser looks at what might have caused the political polarization of the modern media and its consumers. [Daily Caller] * The prospect of Michael Cohen testifying publicly before Congress is making some people giddy -- but it's not without its downsides, as Joel Cohen explains. [The Hill] * What can we learn from official Washington utterances about the shutdown? Here's some intel from VoxGov, via Jean O'Grady. [Dewey B Strategic] * Not all provisions of the Bill of Rights are created equal, according to Gerard Magliocca. [PrawfsBlawg] * David Berg draws lessons for trial lawyers from the genius of Joe Jamail's use of hypothetical questions. [YouTube]

By David Lat
Non-Sequiturs

Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, "the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism." [Leaders of a Beautiful Struggle] * The current Term of the Supreme Court doesn't boast many blockbusters -- but some cases are more interesting than others, as Adam Feldman points out. [Empirical SCOTUS] * Illegal aliens, guns, and strict liability, oh my! Eugene Volokh breaks down Rehaif v. United States, which SCOTUS just agreed to hear. [Volokh Conspiracy / Reason] * The Supreme Court has taken an increased interest in intellectual property in recent years -- and if it wants to tackle issues of copyright infringement in the digital age, Capitol Records v. ReDigi could be a good vehicle. [All Rights Reserved] * Speaking of supreme courts, Florida's is likely to shift rightward, as Ed Whelan explains. [Bench Memos / National Review] * If you're getting lots of questions from friends and family about the constitutional law of shutdowns, check out this helpful explainer from Zachary Price. [Take Care] * And if you have thoughts on what legal publishers got right and wrong in 2018, Jean O'Grady would like to hear from you. [Dewey B Strategic]

By David Lat
Non-Sequiturs

Non Sequiturs: 12.30.18

* In 2018, what did Donald Trump talk about when he talked about the courts? Adam Feldman dives into the data to find out. [Empirical SCOTUS] * Speaking of President Trump and the judiciary, he continues to appoint federal judges at a record pace -- but the Democrats are doing everything they can to slow down his progress. [Bench Memos / National Review] * If you care at all about affordable housing, then you should be heartened by these developments in the fight against exclusionary zoning, as discussed by Ilya Somin. [Volokh Conspiracy / Reason] * Congratulations to the Department of Justice on its ninth consecutive year of civil health care fraud settlements and judgments exceeding $2 billion. [MedCity News] * If you're interested in the hot topics among law librarians, legal technologists, and others in the space, check out Jean O'Grady's most popular stories of 2018. [Dewey B Strategic] * And if you're interested in the year that was in artificial intelligence and the law, check out the Artificial Lawyer's roundup of notable news. [Artificial Lawyer] * Condolences to the friends, family, and colleagues of Bre Payton, who passed away last week at the age of 26. [The Federalist] * Veteran trial lawyer David Berg continues his series on "What It Takes To Win." [YouTube]

By David Lat
Non-Sequiturs

Non-Sequiturs: 10.07.18

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor System, especially when it comes to dealing with racial bias. [Cavalier Daily] * Eugene Volokh and David Post offering conflicting perspectives on Brett Kavanaugh and judicial temperament. [Reason / Volokh Conspiracy; Reason / Volokh Conspiracy] * The current Term of the U.S. Supreme Court might be short on blockbusters -- but it's not without interesting themes, according to Adam Feldman. [Empirical SCOTUS] * Emily Gold Waldman explores the intersection of diversity requirements, inclusion riders, and Title VII. [PrawfsBlawg] * Jean O'Grady looks at the latest offering from Intelligize. [Dewey B Strategic] * Funding continues to flow into the world of legal tech -- and the latest beneficiary is Lexoo, the U.K.-based, lawyer-matching online marketplace. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 09.02.18

Ed. note: We will not be publishing on Monday, September 3, in observance of Labor Day. * Law librarian Jean O'Grady rounds up the many books written by or about the late Senator John McCain -- and extends her "condolences to his families and friends on the passing of a remarkable man." [Dewey B Strategic] * Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain's successor is appointed before the confirmation vote -- but as Adam Feldman explains, Judge Kavanaugh's path to SCOTUS already looks quite clear. [Empirical SCOTUS] * And here's more good news for Judge Kavanaugh: the American Bar Association just unanimously rated him "Well Qualified" for the Supreme Court, as Ed Whelan reports. [Bench Memos / National Review] * Would a Justice Kavanaugh come out in favor of the new Law Clerk Hiring Plan? As Will Baude notes, there does some to be an ideological aspect to this, with liberals more pro-Plan than conservatives. [Volokh Conspiracy / Reason] * Law prof Ann Althouse calls out the Washington Post for going after the Trump Administration regarding a policy that was in place under Presidents Obama and Bush as well. [Althouse] https://althouse.blogspot.com/2018/08/wapo-is-so-full-of-anti-trump-headlines.html * If you'll be spending Labor Day at the beach, is it okay to take your top off? Here's some guidance. [Seinfeld Law] * Joel Cohen acknowledges that Michael Cohen (no relation) has some incentive to tell prosecutors what they want to hear, but cautions that "we shouldn’t take this all too far." [Law & Crime] * Shawn Gaines of Relativity outlines the ediscovery company's ambitious plan to create a "legal tech app store." [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 08.19.18

* Charles Glasser proposes replacing "Trump Derangement Syndrome" with "Trump Obsession Syndrome" -- which might be more accurate, but isn't nearly as fun. [Daily Caller] * Speaking of anti-Trump sentiment, here's an interesting new ranking -- from Adam Bonica, Adam Chilton, Kyle Rozema, and Maya Sen -- showing just how liberal certain law schools are. [TaxProf Blog] * Trying to date in law school? You're looking for love in all the wrong places, according to 3L Korey Johnson. [Black Girl Does Grad School] * Speaking of law school, here's Kat Griffin's roundup of the best blogs for women law students (with a shoutout to ATL; thanks, Kat!). [Corporette] * An "Abolish ICE" t-shirt might not be very fashionable -- but it is constitutionally protected speech, as Eugene Volokh explains. [Volokh Conspiracy / Reason] * Joel Cohen wonders: should more states ban secret recording of conversations -- and could the odious Omarosa be the catalyst for such change? [The Hill] * Neha Sampat discusses the problem of "imposter syndrome" -- and what we can all do to address it. [Attorney At Work] * "Sex pigs halt traffic after laser attack on Pokémon teens." Yeah, you know you wanna click.... [Instapundit] * Where does your law firm fall along the AI adoption spectrum? Jean O'Grady lays out the stages. [Dewey B Strategic]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.15.18

* What's it like to take the California bar exam as a 46-year-old law professor? Orin Kerr enlightens us. [Reason / Volokh Conspiracy] * Charles Glasser points out the dangers involved in holding a speaker responsible for actions taken by listeners. [Daily Caller] * In the Term that just ended, the Supreme Court tackled technology issues in a big way -- and the implications are far-reaching, as J.P. Schnapper-Casteras explains. [Take Care] * Elizabeth Slattery and I joined Laurence Colletti, guest host of the Lawyer 2 Lawyer podcast, to discuss Justice Anthony M. Kennedy's SCOTUS retirement and the nomination of his successor, Judge Brett Kavanaugh. [Legal Talk Network] * There has been a lot of speculation about how a Justice Brett Kavanaugh might move the Court to the right; Adam Feldman digs into the cases to make some educated guesses. [Empirical SCOTUS] * What lessons could losing the Court teach the Democrats? Here are some thoughts from Seth Lipsky and David Leonhardt. [New York Post via Instapundit] * And what lessons can lawyers learn from Judge Kavanaugh's excellent writing? Ross Guberman identifies five of them. [Legal Writing Pro] * Joel Cohen and Dale Degenshein explore what happens when a citizen "flips the bird" at the police (hint: it's not a good idea). [Law and Crime] * Congratulations to Thomson Reuters on the launch of Westlaw Edge, the latest version of its industry-leading legal research platform -- which boasts a slew of new, artificial-intelligence-driven features, helpfully explained by Jean O'Grady. [Dewey B Strategic] * And speaking of AI, congratulations to Fenwick & West on cutting the time for contract review in half, with the help of technology from Kira Systems. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 06.24.18

* It's checkout time at the Supreme Court, and courtroom correspondent Mark Walsh is ready to reveal what's in his shopping cart. [SCOTUSblog] * Being cited by the Supreme Court is usually something to boast about -- but not always, as Adam Feldman notes in this thoughtful analysis of how much oral arguments matter. [Empirical SCOTUS] * Will Baude breaks down the Court's intriguing debate over stare decisis in South Dakota v. Wayfair. [PrawfsBlawg] * Joel Cohen looks at why the federal judiciary gets better treatment from the press than the other two branches of government -- and whether the differential is justified. [The Hill] * Orin Kerr identifies an interesting issue: if a police officer uses Google Translate to try and request consent to search from a non-English speaker in that person's own language, is the consent valid if Google Translate botched the translation? [Volokh Conspiracy / Reason] * There's a long and bipartisan tradition of... the federal government spying on reporters, as Charles Glasser explains. [Daily Caller] * Speaking of the media, Jean O'Grady points out a helpful new resource from CQ for consumers of news, along with tips for how to tell whether or not a story is "fake news." [Dewey B Strategic] * If reforms come to university boardrooms, let's hope they include law schools as well. [ProfessorBainbridge via Instapundit] * An interesting new use of voice-activated technology, courtesy of Wolters Kluwer: getting insights into federal tax law. [Artificial Lawyer] * If you'll be in New York on Tuesday, July 17, raise your glass with fellow young lawyers, summer associates, and law students, at the UJA's Summer Law Happy Hour. [UJA Federation of New York]

By David Lat
Non-Sequiturs

Non-Sequiturs: 05.27.18

Ed. note: We will not be publishing on Monday, May 28, in observance of Memorial Day. We will return to our regular publication schedule on Tuesday, May 29. * What is up with the lively Twitter feed of George T. Conway, former Wachtell Lipton partner and husband of top Trump adviser Kellyanne Conway? It's not entirely clear -- but if you're not already following GTC, you should be. [Politico] * Because Masterpiece Cakeshop isn't the only cake controversy out there: mom tries to get "summa cum laude" written on her son's graduation cake, hilarity sues. [Althouse] * Over at the invaluable Take Care blog, you can now find an extensive database of articles addressing impeachment in the Age of Trump -- to complement Laurence Tribe and Joshua Matz's new book about impeachment (affiliate link). [Take Care] * Is Justice Anthony M. Kennedy about to retire from the Supreme Court? Per Adam Feldman, "signs point to Justice Kennedy remaining on the Court past this term notwithstanding all of the discussion surrounding his retirement." [Empirical SCOTUS] * When #MeToo meets defamation claims: a court tosses Tavis Smiley's libel claim against PBS. [Volokh Conspiracy / Reason] * "Surprise! Your expert witness has a rap sheet." And there's no plug-and-play solution to vetting expert witnesses, as Jean O'Grady explains. [Dewey B Strategic] * Saira Rao, who helped diversify the world of children's books, hopes to do the same for politics -- by becoming Colorado's first woman of color elected to Congress. [Teen Vogue]

By David Lat
Non-Sequiturs

Non-Sequiturs: 05.20.18

* After issuing a TRO to a block a political ad attacking his own allies and campaign donors -- "almost certainly an unconstitutional prior restraint," in the words of First Amendment guru Eugene Volokh -- Judge Doug Martin of Arkansas (finally) recuses himself. [Daily Caller] * Jim Comey's bestselling book (affiliate link) could cause complications for Robert Mueller and his investigation, according to Joel Cohen. [Law and Crime] * Which state solicitors general appear most frequently before the Supreme Court? Not surprisingly, Scott Keller of Texas leads the pack, but check out Adam Feldman's list for other notable names. [Empirical SCOTUS] * Jean O'Grady shares my admiration for the late Tom Wolfe -- and even corresponded with the acclaimed author. [Dewey B Strategic] * Too few people are willing to take ownership of change -- and this is a big problem, as Greg Lambert explains. [3 Geeks and a Law Blog] * John Fund asks: has the American Law Institute (ALI) strayed from its mission of describing the law and into advocating changes in the law instead? [National Review] * What is "Old Tweet Syndrome," and is there a cure for it? Charles Glasser makes a diagnosis. [Daily Caller] * Adam J. White wonders: Does the Solicitor General's request for more time to file its reply to Sierra Pacific's cert petition in the "Moonlight Fire" case suggest that the Justice Department might confess error? [Weekly Standard] * If you'll be in Chicago on June 8, please consider coming to the twelfth annual dinner of the Richard Linn Inn of Court, where I'll be speaking -- hope to see you there! [Richard Linn American Inn of Court]

By David Lat