Jonathan Adler

Non-Sequiturs

Non Sequiturs: 05.05.19

* If you shared my skepticism that the murder trial in the Dan Markel case will actually start next month, almost five long years after Markel's murder, then you won't be surprised by this latest development -- Saam Zangeneh, counsel to Sigfredo Garcia, has moved for a continuance. [Tallahassee Democrat] * As predicted, President Donald Trump just had his 100th Article III federal judge confirmed by the U.S. Senate; he's now up to 102 judicial appointees, as noted by Carrie Severino. [Bench Memos / National Review] * If my writeup of Preet Bharara's recent event at Cleary Gottlieb left you wanting more, check out Randy Maniloff's wide-ranging interview with the former U.S. attorney (including advice on how not to get hired at the S.D.N.Y.). [Coverage Opinions] * Jonathan Adler flags a thoughtful debate between Michael McConnell and Josh Chafetz on the battle over subpoenas between President Trump and Congressional Democrats. [Volokh Conspiracy / Reason] * Howard Wasserman identifies an interesting argument against police officers using body-worn cameras aka bodycams -- but as he also observes, we don't really have a better solution yet to the abuse of police discretion. [PrawfsBlawg] * My money's on Capital Loss Carryover in the Preakness Stakes. [TaxProf Blog] * Of course "real lawyers" take notes -- but there are some nuances here, which Joel Cohen explores. [New York Law Journal] * Frank Cross, a longtime professor of law at the University of Texas School of Law, rest in peace. [Balkinization]

By David Lat
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: 03.31.19

* Even Jonathan Adler, no fan of Obamacare, can't support the Justice Department's shift of position in the ongoing Affordable Care Act litigation out of Texas. [Volokh Conspiracy / Reason] * John Lauro continues to protect the reputation of his client Wendi Adelson, ex-wife of murdered law professor Dan Markel. [2paragraphs] * Meanwhile, another player in the Dan Markel case -- David Oscar Markus, counsel to Charlie Adelson -- argues that Attorney General William Barr and Deputy Attorney General Rod Rosenstein made the right call on obstruction of justice. [The Hill] * Speaking of the Mueller investigation, Brianne Gorod points out that Congress has the power to ask the district court to release grand jury transcripts and related information from the case. [Take Care] * Whether or not you agree with Senator Marco Rubio's proposed constitutional amendment to fix the size of the U.S. Supreme Court at nine justices, it's not a bad idea to think about possible ways to restructure SCOTUS -- as Gordon Renneisen does here. [Law360] * Meanwhile, as the Court grapples with the cross-shaped war memorial case this Term, Rick Garnett wonders: can a liberal state favor one religion over others? [First Things via PrawfsBlawg] * Legal tech M&A activity continues apace, with vLex's acquisition of Justis. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non Sequiturs: 12.23.18

* Nancy Gertner and Laurence Tribe take Alan Dershowitz to task for his unorthodox analysis of the sentencing proceedings of General Michael Flynn. [Boston Globe] * In this elegant essay, Jane Chong uses two notable new books -- To End a Presidency: The Power of Impeachment, by Laurence Tribe and Joshua Matz, and the updated edition of Charles Black's classic, Impeachment: A Handbook, with a new preface and additional chapters by by Philip Bobbitt (affiliate links) -- as the jumping-off point for reflections on impeachment, law, and politics. [Los Angeles Review of Books] * Judges often struggle when it comes to sentencing -- and that's as it should be, according to veteran defense lawyer and former prosecutor Joel Cohen. [New York Law Journal] * Yes, more of President Donald Trump's judicial nominees have been rated "not qualified" by the American Bar Association compared to the nominees of his four most-recent predecessors -- but as Patrick Gregory explains, there are some reasons for this (most notably, the Trump Administration's decision to stop giving the ABA a sneak peek at nominees, which allowed past administrations to simply pull nominees the ABA deemed unqualified). [Big Law Business] * Jonathan Adler has many problems with the recent ruling by Judge Reed O'Connor (N.D. Tex.) on the constitutionality of the Affordable Care Act -- including the fact that Judge O'Connor ruled in the first place. [Volokh Conspiracy / Reason] * Former public defender Stephen Cooper flags an issue that many reporters probably haven't thought much about: "When Will Journalism Grapple With the Ethics of Interviewing Mentally Ill Arrestees?" [CounterPunch] * As 2018 draws to a close, the U.S. Chamber offers up its annual list of the year's Top 10 Most Ridiculous Lawsuits. [Faces of Lawsuit Abuse] * Looking ahead to 2019, the new year could ring in new legislation that could help lower drug prices by facilitating the timely entry of generics into the market, as Alaric DeArment reports. [MedCity News]

By David Lat
Non-Sequiturs

Non Sequiturs: 10.28.18

* Adam Feldman identifies eight issues where widely divergent state laws could lead to Supreme Court intervention. [Empirical SCOTUS] * Jonathan Adler wonders why it took so long for NBC to report on the inconsistencies and discrepancies in the allegations that Julie Swetnick made against Justice Brett Kavanaugh. [Bench Memos / National Review] * It seems that Cesar Sayoc didn't limit himself to threatening prominent liberals and progressives; he apparently went after Ilya Somin as well. [Reason / Volokh Conspiracy] * A riddle from Mark Lemley (via Orly Lobel): what's the "most Silicon Valley fact ever"? [PrawfsBlawg] * Congratulations to Bloomberg Law on the launch of its latest offering in litigation analytics. [Artificial Lawyer] * And congratulations to Fastcase on its latest deal, the acquisition of Law Street Media. [Dewey B Strategic]

By David Lat
Non-Sequiturs

Non-Sequiturs: 09.09.18

* Here's the truth behind what some saw as Zina Bash making a "white power" sign at the confirmation hearings of her former boss, Judge Brett Kavanaugh. [Washington Post] * With the Kavanaugh confirmation hearings in the rearview mirror, now is a good time to look back at the last four Supreme Court confirmation hearings. [Empirical SCOTUS] * Thomas Jipping summarizes research showing that the American Bar Association does tilt leftward in rating judicial nominees -- which is why its unanimous "well qualified" rating for Judge Brett Kavanaugh is especially impressive. [Bench Memos / National Review] * Jonathan Adler argues that claims of a Justice Kavanaugh threatening the Affordable Care Act aka Obamacare have been greatly exaggerated. [Volokh Conspiracy / Reason] * But a Justice Kavanaugh likely would affect the Supreme Court's jurisprudence on presidential authority and the separation of powers. [Instapundit] * Speaking of the Supreme Court, conservative (and tiny) Hillsdale College punches above its weight in producing SCOTUS clerks -- so Paul Rahe wants to know, why can't his school get any love from the U.S. News Wall Street Journal rankings? [Ricochet] * President Donald Trump's "radically direct" tweets about pending prosecutions threaten the rule of law, according to Gerald Lefcourt and Joel Cohen. [Law & Crime] * Legal research smackdown: Lexis v. Casetext! [Dewey B Strategic] * And in other notable news from the world of legal tech, iManage just acquired business-process company Elegrity, which works in the risk and compliance management space. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.22.18

* Which lawyers write the best Supreme Court amicus briefs? Adam Feldman uses Ross Guberman's BriefCatch tool to find out. [Empirical SCOTUS] * In advance of Judge Brett Kavanaugh's SCOTUS confirmation hearings, Carrie Severino has this handy roundup of eight important Kavanaugh opinions. [Bench Memos / National Review] * Speaking of which, Professor Steve Vladeck raises some good possible questions for the nominee about the interaction between Morrison v. Olson and special counsel Robert Mueller's investigation. [Lawfare] * I don't think Roe is getting overruled -- but if it were to be overturned, what would happen to state abortion prohibitions that have not been officially repealed? [Josh Blackman] * On that same subject, Professor Michael Dorf wonders: could Justice Thomas save abortion rights? [Take Care] * Wherein Jonathan Adler and James Ho (now Judge James Ho) agree with Elie Mystal on the wrongness of that recent Washington Post op-ed about birthright citizenship. [Volokh Conspiracy / Reason] * Is your legal department a "goat rodeo"? You're not alone, according to Casey Flaherty. [3 Geeks and a Law Blog]

By David Lat
Non-Sequiturs

Non-Sequiturs: 04.19.17

* An interesting look at the life and career of Gloria Allred -- who has litigated groundbreaking civil rights cases as well as TMZ fodder. [Coverage Opinions] * Lawyer Jose Baez intends to investigate the death of his client Aaron Hernandez, who was found dead in his prison cell after apparently hanging himself. [Deadspin] * Footnote of the day (gavel bang: Raffi Melkonian aka @RMFifth Circuit). [Twitter] * Professor Jonathan Adler still has doubts about the Emoluments Clause lawsuit against President Trump (although it's much stronger now, thanks to some additional plaintiffs). [Volokh Conspiracy / Washington Post] * Professor Glenn Reynolds has some doubts about diversity (although I suspect he strongly supports intellectual diversity). [Instapundit] * Professor Ann Althouse has her doubts about... Democrats (even though she has voted for more Democrats than Republicans over the years). [Althouse] * And Professor Eugene Volokh has his doubts about the constitutionality of this order. [Volokh Conspiracy / Washington Post] * In honor of national haiku poetry day, here are some verses from Dean Dan Rodriguez of Northwestern Law. [PrawfsBlawg] * Congrats to the ACLU of Massachusetts, the national ACLU, the state public defender’s office, and Fick & Marx LLP on a huge and historic win! [ACLU]

By David Lat
Non-Sequiturs

Non-Sequiturs: 12.22.16

* The top ten most ridiculous lawsuits of 2016. [U.S. Chamber Institute for Legal Reform via USA Today] * Not the first homeless lawyer we've heard about, and surely not the last. [Instagram] * Jonathan Adler: "Donald Trump has not even been sworn in yet, and it’s already becoming easier for public figures to sue people in the nation’s capital." [Volokh Conspiracy] * Congrats to Kellyanne Conway on her future role as counselor -- or should that be "counsellor"? -- to President Trump. [Althouse] * Why does defense lawyer Jon Katz smiles when he objects during trial? [Katz Justice] * Ivanka Trump's incident at the airport has all the makings of a bar exam issue-spotter. [Instapundit] * Another in-house lawyer with critical comments about the Great Pay Raise of 2016. [ABA Journal]

By David Lat