Judge Frank Easterbrook

Non-Sequiturs

Non-Sequiturs: 01.12.16

* Even at a conference, Judge Easterbrook can be intimidating. [Business Law Prof Blog] * Boeing filed a patent to make air travel slight less hellish. Good luck with that. [Travel and Leisure] * Judge plans to stick Ammon Bundy's merry band of militia men playing terrorist out in the woods with the bill for their security... to the tune of $70,000 a day. [Raw Story] * Josh Duggar is such a loser he is even losing discovery battles like a pro. [Radar] * Lawyer Eric Macleish played a role in the legal battles over child abuse by Catholic priests in Boston (as recounted in the movie Spotlight). Whether he was a villain or victim in the saga is still up for debate. [Guile is Good] * Is it possibly true that you can really discharge student loan debt in bankruptcy? [My Bank Tracker] * If you're goofing off by pretending to work from home, don't give yourself away. [Daily Lawyer Tips]

By Kathryn Rubino
Morning Docket

Morning Docket: 06.25.15

* Having trouble keeping track of all of the Supreme Court's decisions this term? And which cases are left to decide anyway? Brush up your small talk skills with this handy, interactive SCOTUS decision tracker. [USA Today] * You always knew that Whole Foods was a ripoff. The New York City Department of Consumer Affairs announced yesterday they are launching an investigation into the price of prepackaged foods, the agency said the chain "routinely" mispriced food sold by weight. The DCA commissioner called it the "worst case of mislabeling" the inspectors had seen in their careers. [Law360] * Just in time for folks cramming for the bar exam to hit peak panic mode: 6 ways to doom yourself on the bar exam. [American Lawyer] * Judge Frank Easterbrook helpfully defines the differences between a gun and a kielbasa. You know, in case you get confused before your next cookout. [National Law Journal] * The Chicago Little League team that was stripped of its title amid allegations of cheating has filed suit against the Little League governing body to ensure that the rules of the game are fairly applied to all. [Yahoo Sports]

By Kathryn Rubino
Election Law

Non-Sequiturs: 10.03.14

* Apparently, heckling Carmelo Anthony can cost you your job. [Dealbreaker] * There’s nothing the Supreme Court can do to stop cops who want to take a long time to release you from a stop, even if the Court wants to. [Simple Justice] * I think we should just ask John Roberts to tell every state precisely how they are allowed to discriminate against black voters and be done with it. Just tell us the rules so we can start the GOTV campaigns. [Election Law Blog] * Former Manhattan Assemblywoman Gabriela Rosa gets a year in jail for purchasing a sham marriage to gain citizenship. The “for citizenship” part is what got her, because lots of politicians are in sham marriages. [Journal News] * Judge Frank Easterbrook thinks that the new proposed length limit for appellate briefs is too short. Verbose litigators everywhere, rejoice. [How Appealing] * I thought “spoofing” was bad for the market, but Matt Levine says cracking down on spoofing “helps” high-frequency traders, who I also think are bad for the market. You know why I’m not an SEC lawyer? Prosecuting people based on them being “bad” becomes untenable when everybody involved is rich. [Bloomberg View]

By Elie Mystal
11th Circuit

Non-Sequiturs: 04.12.13

* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy] * Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar] * Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal] * The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex] * Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions] * Judge Easterbrook allows a $25K student-loan discharge for a ‘destitute’ paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal] * Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter] * Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)…. * Posted previously on Facebook (now pulled):

By David Lat
Federal Judges

Inside Straight: Institutionalizing Mediocrity

Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity. Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions. When new federal appellate judges attend what is […]

By Mark Herrmann
7th Circuit

What Is To Be Done About Super-Old Judges?

When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call […]

By David Lat