John Browning

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
Non-Sequiturs

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilities -- including Glenn Reynolds's picks. [Instapundit] * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care] * Facebook friends aren't "real" friends -- at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy] * Managing partners don't get no respect at law firms -- and Bruce MacEwen thinks that's a problem. [Adam Smith Esq.] * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers -- and if you're thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic] * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

By David Lat