Judicial Nominations

Non-Sequiturs

Non-Sequiturs: 10.21.18

* Orin Kerr offers his thoughts on the Allison Jones Rushing controversy (aka how young is too young to be a federal judge). [Reason / Volokh Conspiracy] * If President Trump and Senate Republicans are packing the courts with conservatives, then it's time for Democrats to pack back, according to Michael Klarman. [Take Care] * Howard Wasserman offers some insights into the recent dismissal of Stormy Daniels's defamation lawsuit against Trump. [PrawfsBlawg] * And while we're on the subject of media law, Gerard Magliocca has an interesting observation about Justice Ruth Bader Ginsburg and the right of publicity. [Concurring Opinions] * Speaking of RBG, Jonathan Adler argues that she could learn a thing or two from her newest colleague, Justice Brett Kavanaugh, when it comes to hiring law clerks. [Bench Memos / National Review] * Joel Cohen raises an intriguing question about prosecutors: to what degree are they required to fight their own biases? [New York Law Journal]

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: 08.12.18

* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal] * Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic] * Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh's nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against -- yes, against -- the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review] * If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court's business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS] * The failure of Ryan Bounds's Ninth Circuit nomination could be a "teachable moment" for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews] * Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line] * It's unfair to dismiss Seinfeld as "a show about nothing"; episodes offer insight into numerous legal issues -- for example, the law of conspiracy. [Seinfeld Law] * Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason] * If you're interested in litigation finance, there's a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]

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
Morning Docket

Morning Docket: 08.02.18

* On the cusp of college football preseason camps, Ohio State suspends coach Urban Meyer amidst revelations that he knew of and covered up an assistant coach's systematic domestic violence for years. [ESPN] * Trump fighting his lawyers over Mueller meeting. If he's really serious, he should fire all of his lawyers and do the interview unrepresented. That's exactly what you should do, Mr. President. [Huffington Post] * And while people concentrate on Trump's public spat, police have arrested an immigration detention center employee for molesting children separated from their parents because of this administration's policy. QAnon needs to help me figure out how this is all part of Trump's master plan to end child sex abuse. [NY Post] * Good news: law grad hiring is way up. Bad news: the growth is mostly in Biglaw hiring so if you're letting this news convince you to take a chance on going to your local Tier 3 school... don't. [Law.com] * Senator Mike Lee has joined the liberals in asking nominees if they support Brown v. Board. [Law360] * Mueller referred a criminal inquiry into former Skadden counsel and former White House Counsel Greg Craig to the SDNY. Above the Law first reported Craig's mysterious departure from the firm's website. [CNN] * CBS is bringing in both Covington & Burling and Debevoise to investigate sexual harassment allegations against Les Moonves. [WSJ] * In an absolute shocker, Texas is illegally keeping high schoolers off the voter rolls. [Texas Observer] * Meanwhile, in Michigan the state's laughably gerrymandered districts are facing another date with the Sixth Circuit. [Courthouse News Service]

By Joe Patrice
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