Joel Cohen

Non-Sequiturs

Non-Sequiturs: 08.26.18

* Jane Genova explores the implications of Jones Day's representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More] * Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill] * As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states -- and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason] * Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller] * If you're an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business] * The justices will consider more than 1,000 certiorari petitions at the "long conference" on September 24 -- and Adam Feldman identifies some of the standouts. [Empirical SCOTUS] * Speaking of SCOTUS, if you'll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump's transformation of the federal judiciary. [Yale Federalist Society] * The World Bank launches the world’s first BONDI, or "blockchain operated new debt instrument," with an assist from King & Wood Mallesons. [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: 08.05.18

* Joel Cohen tackles a tricky issue: how far should a lawyer go when defending a controversial client -- e.g., Bill Cosby -- in the court of public opinion? [Law and Crime] * How much does being a conservative or libertarian hurt you when applying for a position as a law professor? James C. Phillips attempts to quantify the "rank gap." [SSRN] * Some thoughts on the case involving 3D-printer gunmaking instructions, from Eugene Volokh -- who, not surprisingly, has a take that's a bit more nuanced than Elie Mystal's. [Volokh Conspiracy / Reason] * Happy blogiversary to Artificial Lawyer -- a great resource for anyone interested in the intersection of AI and the law. [Artificial Lawyer] * C. Boyden Gray, a former White House Counsel, offers a clear and persuasive explanation of why seeing all the documents that Brett Kavanaugh sent or received during his time as White House Staff Secretary isn't going to aid in evaluation of his SCOTUS nomination. [The Hill] * From leading Supreme Court lawyer Lisa Blatt: "I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh." [Politico] * And here's more support for the SCOTUS nominee, from Kathryn Cherry, a former Kavanaugh clerk (and an African-American woman -- one of Judge Kavanaugh's many female or minority clerks). https://www.youtube.com/watch?v=PBjEJPdAOPo&feature=youtu.be

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.29.18

* Amy Howe has highlights from Judge Brett Kavanaugh's completed questionnaire for the Senate Judiciary Committee -- including the five different law firms where he worked as a summer associate. [SCOTUSblog] * Despite Judge Kavanaugh's impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought -- and Adam Feldman explains why. [Empirical SCOTUS] * In other nominations news, Veronica "Ronnye" Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bounds, whose Ninth Circuit nomination was defeated last week. [Oregonian] * Does the failure of the Bounds nomination spell trouble for the Kavanaugh nomination? Here are some thoughts from Elizabeth Slattery and me. [SCOTUS 101 / Heritage Foundation] * Had he been confirmed, Ryan Bounds would have replaced his (and my) former boss, Judge Diarmuid F. O'Scannlain -- who just penned a landmark Second Amendment opinion, Young v. Hawaii, that could very well wind up before SCOTUS (and allow the Court to settle a circuit spit). [Volokh Conspiracy / Reason] * Speaking of the Ninth Circuit, Chris Walker has some concerns about the late Judge Stephen Reinhardt casting the deciding vote in an important tax law case, some four months after his passing. [Notice & Comment / Yale Journal on Regulation] * Why is the internet such a cesspool today? Media lawyer Charles Glasser identifies five factors behind the decline (and gives a shoutout to Above the Law's dearly departed comments section). [Daily Caller] * Elsewhere in the First Amendment world, Joel Cohen and Dale Degenshein argue that it should be easier for parties to have documents sealed in litigation. [The Hill] * If you appreciate the dying art that is the book review, check out Alice Lloyd's beautifully written review of Robert Anthony Siegel's Criminals: My Family’s Life on Both Sides of the Law (affiliate link), which paints a portrait of his father, Stanley Siegel -- "a big-hearted and brilliant," but deeply troubled criminal defense lawyer. [Weekly Standard]

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
Sponsored Content

Skills That Set Firms Apart

Legal expertise alone isn’t enough. Today’s most successful firms invest in developing the skills that drive collaboration, leadership, and business growth. Our on-demand, customizable training modules deliver practical, high-impact learning for attorneys and staff—when and where they need it.

By Barbri
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
Non-Sequiturs

Non-Sequiturs: 05.06.18

* Congratulations to Quinn Emanuel partner Alex Spiro and Jose Baez, of Casey Anthony fame, on a big win: a full acquittal in the securities-fraud trial of David Demos. [Bloomberg] * Do you feel that the Supreme Court is taking its sweet time in releasing opinions this Term? Adam Feldman confirms that it's not your imagination. [Empirical SCOTUS] * Consovoy McCarthy Park, the elite litigation boutique led by a group of conservative former SCOTUS clerks, welcomes its newest partner: Jeffrey Harris, former associate administrator of the Office of Information and Regulatory Affairs and former law clerk to Chief Justice Roberts. [National Law Journal] * Are law school graduates getting "good" jobs? Professor Derek Muller has a novel idea: why don't we ask them? [PrawfsBlawg] * The Colorado congressional race featuring two NYU Law alumnae, incumbent Diana DeGette and challenger Saira Rao, reflects a divide in the Democratic Party more broadly. [NBC News] * Criminal defense lawyer Joel Cohen argues against reading too much into an individual's invocation of the Fifth Amendment -- even if the individual happens to be Donald Trump or someone connected to him. [The Hill] * Criminal defense lawyer Elizabeth Kelley interviews Stanford law professor Paul Goldstein about his biting and funny law school satire, Legal Asylum (affiliate link). [AuthorChats] * Speaking of books, if you'd like to support the Jersey City Free Public Library -- and enjoy some delicious Filipino food by celebrity chef Dale Talde -- please join me this Thursday, May 17, for what should be a great evening! [Jersey City Free Public Library]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.29.18

* Kirkland & Ellis raiding Cravath is now officially "a thing"; it's been covered in the newspaper of record. [New York Times] * Extension requests: not just for law school papers, but for cert petitions too (and there's no shame in seeking them; they're often requested by prominent practitioners). [Empirical SCOTUS] * Want to talk intelligently about the Michael Cohen mess case with your friends? Start by reading this primer on "privileged" versus "confidential" client communications, by Joel Cohen (no relation) and Dale Degenshein. [Law and Crime] * Boycotts have a venerable history in terms of the law and the First Amendment -- but they might be losing their effectiveness in the digital age, as noted media lawyer Charles Glasser explains. [Daily Caller] * Eugene Volokh flags this interesting issue (and opinion): under what circumstances does denying a felon the right to own a gun violate the Second Amendment? [Reason / Volokh Conspiracy] * Has the whole "emotional support animal" phenomenon gone too far at Yale? [Yale Daily News via Instapundit]

DBL square headshotDavid Lat is editor at large and founding editor of Above the Law, as well as the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O'Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at [email protected].

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.22.18

* Joel Cohen makes the case for appointing a special master to review the attorney-client privilege claims in the case of Michael Cohen (no relation). [Law and Crime] * A fun profile of Judge Kimba M. Wood (S.D.N.Y.), who's presiding over the Cohen case -- and who "doesn't need to eat the whole barrel to know it's not a pickle." [Politico] * Circuit judges can play it safe, in the hopes of making it to the Supreme Court someday, or they can be bold (which might help their SCOTUS chances, or might hurt them); Judge James Ho is going for the second approach. [U.S. Court of Appeals for the Fifth Circuit] * Professor Eugene Volokh: "What is this, Mean Girls: Supreme Court Edition?" [Volokh Conspiracy / Reason] * Still on SCOTUS, which leading appellate lawyers (according to Chambers & Partners) have the most active practices before the high court? [Empirical SCOTUS] * What's the best new legal-information product out there, and what's the best new product feature or function? Survey says.... [Dewey B Strategic] * Because having a law school named after him wasn't enough, Philadelphia trial lawyer Thomas R. Kline is now honored by a giant marble statue. [Philly.com] * The Wisconsin Supreme Court will decide an important case about academic freedom (and Above the Law gets cited in the amicus brief of the National Association of Scholars -- see footnote 29). [Badger Pundit] * Congratulations to former Miss America winner Deidre Downs Gunn and attorney and writer Abbott Jones on their recent nuptials! [People] * And congratulations to the recipients of 2018's Best LGBT Lawyers Under 40 Awards! [LGBT Bar]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.15.18

* Has it really come to this? Protesting a nice, nerdy, thoughtful law professor, simply because he questions the constitutionality of DACA (while supporting the DREAM Act)? [Josh Blackman] * How much should we read into Team Mueller's reassurance to President Trump that he is a subject rather than a target of its investigation? Not much, according to veteran criminal defense lawyer Joel Cohen. [The Hill] * How would William Howard Taft have responded to attacks on judges? The POTUS turned SCOTUS chief was quite prescient about judicial independence -- as explained by Jeff Rosen, author of a new Taft biography (affiliate link). [Volokh Conspiracy / Reason] * Speaking of SCOTUS, what's it like to work in the Solicitor General's Office? One of the OSG's newest members, former SCOTUS clerk Jonathan Ellis, pulls back the curtain. [Penn Law via How Appealing] * How does Justice Gorsuch compare to Justice Scalia -- not just in terms of personality, but also in terms of jurisprudence? [Empirical SCOTUS] * And speaking of Justice Gorsuch, congratulations to Tobi Young, who will be clerking for NMG in October Term 2018 -- and who is believed to be the first enrolled citizen of a Native American tribe to clerk for the Court. (By the way, I have another SCOTUS clerk hiring roundup in the works, so please send me your hiring news.) [Chickasaw Nation] * Are you a healthcare lawyer? You might be interested in this new tool from Bloomberg Law. [Dewey B Strategic] * Friendly reminder: the Global Legal Hackathon is entering its final stage, and you're invited -- hope to see you on April 21! [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.01.18

* Should a robot run the Federal Reserve? Passive monetary policy has its virtues, according to law professor Max Raskin. [Wall Street Journal] * Which methods of statutory interpretation are most popular the Supreme Court these days? Adam Feldman breaks it down. [Empirical SCOTUS] * Recalling judges just because we don’t like their decisions? Joel Cohen has some serious concerns. [The Hill] * New at business development and seeking to grow your business? Deborah Farone, former chief marketing officer at Cravath and Debevoise, offers these insights. [The Current] * "What Happens When the Government Lies About You in Court? Spoiler alert: Absolutely nothing." [Weekly Standard] * Prosecutorial perk: a free gym membership? Maybe if you work for South Carolina prosecutor Dan Johnson. [The State] * Quite possibly the largest list of DWI facts on the planet. [Versus Texas] * Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), is running for Congress -- and coming to New York this month, for an event with actress Jill Kargman of Odd Mom Out. [Saira for Congress]

By David Lat
Non-Sequiturs

Non-Sequiturs: 03.18.18

* Adam Feldman uses BriefCatch, a powerful new tool from legal writing guru Ross Guberman, to find the best writers in the Supreme Court bar -- and some of the top advocates might surprise you. [Empirical SCOTUS] * Prominent First Amendment litigator Charles Glasser makes the (compelling) case in favor of a federal anti-SLAPP statute. [Daily Caller] * Jeff Hauser, executive director of the Revolving Door Project, argues that the Trump Justice Department's installation of Trump allies as interim U.S. attorneys "represent[s] a test of civil society’s ability to fight back against threats to the rule of law" -- and so far, "the test is going poorly." [Slate] * Speaking of the Trump DOJ, Ben Adlin breaks down the latest federal-state fight -- and explains why it's not as simple as just citing the Supremacy Clause. [Leafly] * "Bring me a case!" Reflections from Joel Cohen and Bennett L. Gershman on using litigation to bring about social change. [Law.com] * What can legal marketers learn from... a man using a cat as his hat? [Shana Douglas]

By David Lat
Non-Sequiturs

Non-Sequiturs: 03.11.18

* This great profile of Chuck Cooper, by Tierney Sneed of TPM, includes more details on why he withdrew from the solicitor general sweepstakes. [Talking Points Memo] * A team from Quinn Emanuel, led by high-profile hire Alex Spiro, is repping Jay-Z in a trademark fight. Can Biglaw + Beyonce be far behind? [Hollywood Reporter] * Steven Brill, the godfather of modern legal journalism, launches his latest venture: NewsGuard, which "uses journalism to fight fake news." [Dewey B Strategic] * Speaking of "fake news," leading media lawyer Charles Glasser puts President Trump's "war on the press" in a broader, global context. [Daily Caller] * Still on the subject of POTUS v. Press, is the media being played in the Stormy Daniels drama? Joel Cohen and Dale Degenshein think so. [Law & Crime] * Strange bedfellows at One First Street: Adam Feldman looks at Supreme Court cases featuring unusual ideological alliances. [Empirical SCOTUS] * Protip for litigators and litigants: don't tick off Judge Frederic Block (or any other judge presiding over your case, for that matter). [artnet] * If our five Biglaw business development tips weren't enough for you, Jane Genova adds two more for your consideration. [Law And More] * How can technology be harnessed to bridge the justice gap? Neota Logic has some ideas. [Artificial Lawyer]

By David Lat