Non-Sequiturs

Non-Sequiturs

Non Sequiturs: 11.04.18

* A fun bit of trivia (via Adam Feldman): which Supreme Court justice cites law review articles most often? (Hint: he does so a lot in dissent.) [Empirical SCOTUS] * Charles Glasser argues that Senator Claire McCaskill -- who's in a tough reelection fight against a former SCOTUS clerk, Josh Hawley -- advocates a move that "represents a clear and present danger to investigative journalism." [Daily Caller] * It's helpful to Josh Hawley that President Donald Trump is so popular in Missouri -- even among women, interestingly enough. [Althouse] * Immigration law is a hot topic these days, thanks in large part to President Trump -- so it makes sense that Fastcase and the American Immigration Lawyers Association (AILA) are launching a new law journal focused on this interesting and complex area of law. [Dewey B Strategic] * Speaking of immigration, Ilya Somin refutes the argument that migrants should just stay home and "fix their own countries." [Volokh Conspiracy / Reason] * Who says bankruptcy lawyers and judges don't know how to have a good time? [Texas Bankruptcy Lawyer's Blog]

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: 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: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh's brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh's confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal court get treated much worse than Justice Kavanaugh. [The Hill] * Jemele Hill points out the support and sympathy for Justice Kavanaugh from a possibly surprising quarter: African-American men. [The Atlantic] * Packing the Supreme Court? There ought to be a constitutional amendment about that, Jim Lindgren says. [Volokh Conspiracy / Reason] * In fact, is it time for progressives to fight against, rather than within, the courts? Howard Wasserman offers thoughts on the recent Slate debate between Daniel Hemel and Christopher Jon Sprigman. [PrawfsBlawg] * Patrick Gregory reports on the latest controversy in the world of lower-court nominations: the ABA's "not qualified" rating of Eighth Circuit nominee Jonathan Kobes. [Big Law Business] * Edmund Zagorski has multiple legal challenges to his execution (which is now on hold); former federal defender Stephen Cooper looks at the one based on the method of execution. [Tennessean] * Congratulations to Pedro Hernandez on the dismissal of his case -- and to his counsel, Alex Spiro of Quinn Emanuel, on the great result. https://www.youtube.com/watch?v=-2YPLmtwkug

By David Lat
Non-Sequiturs

Non-Sequiturs: 10.07.18

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor System, especially when it comes to dealing with racial bias. [Cavalier Daily] * Eugene Volokh and David Post offering conflicting perspectives on Brett Kavanaugh and judicial temperament. [Reason / Volokh Conspiracy; Reason / Volokh Conspiracy] * The current Term of the U.S. Supreme Court might be short on blockbusters -- but it's not without interesting themes, according to Adam Feldman. [Empirical SCOTUS] * Emily Gold Waldman explores the intersection of diversity requirements, inclusion riders, and Title VII. [PrawfsBlawg] * Jean O'Grady looks at the latest offering from Intelligize. [Dewey B Strategic] * Funding continues to flow into the world of legal tech -- and the latest beneficiary is Lexoo, the U.K.-based, lawyer-matching online marketplace. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 09.30.18

* Many believe that today's Supreme Court is one of the hottest benches in history; Adam Feldman uses data to assess the claim. [Empirical SCOTUS] * As for who takes the SCOTUS bench, contingency plays a major role -- along with credentials and conservatism, as Ian Millhiser explains. [ThinkProgress] * Most people have their minds made up about Thursday's Supreme Court confirmation hearings featuring Dr. Christine Blasey Ford and Judge Brett Kavanaugh -- but if you're still trying to process the proceedings, David Oscar Markus offers five simple rules for evaluating the witnesses. [The Hill] * Ann Althouse has some reflections on Judge Kavanaugh's emotional testimony and "present-day conservative masculinity." [Althouse] * David Bernstein proffers this interesting solution to the Kavanaugh nomination situation -- but don't hold your breath for its implementation. [Volokh Conspiracy / Reason] * If the road to hell is paved with good intentions, "the EU is busy building a three-lane highway that leads to a particularly dark place," according to Charles Glasser. [Daily Caller] * Lawyer Luddites: "AI in the legal space is not scary," as explained by David Kleiman of Bloomberg Law. [Artificial Lawyer] * Indeed, as Greg Lambert argues, lawyers -- especially "working partners" -- need to join the innovation conversation. [3 Geeks and a Law Blog]

By David Lat
Non-Sequiturs

Non-Sequiturs: 09.23.18

* In case you missed it amidst all the craziness of last week, Monday was Constitution Day -- and as Judge Don Willett reminds us, it's up to us to keep our constitutional republic strong. [Wall Street Journal] * The Supreme Court clerk class of October Term 2008: where are they now? Derek Muller has tracked them down. [Excess of Democracy] * Senator Dianne Feinstein is under fire, and not just for her handling of the Kavanaugh nomination -- but she's still likely to emerge victorious in November, as Kashmir Hill reports. [Splinter] * The past 12 months haven't been easy for superlawyer David Boies -- but he's still very busy (and also a bit wiser), as he tells Jim Stewart. [New York Times] * It's only a matter of time before the Supreme Court has to address the rights of transgender students under Title IX, according to Justin Driver -- who's the author of a buzz-generating new book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind (affiliate link). [Reason / Volokh Conspiracy] * If you're looking for advice about discipline, focus, happiness, and relationships -- and who isn't? -- here's a podcast you might want to check out. [University of Good / SoundCloud] * Law firm mergers are notoriously hit or miss -- so this new M&A intelligence tool from ALM could come in very handy. [Dewey B Strategic] * Congratulations to the six new participants in LexisNexis's third Silicon Valley Legal Tech Accelerator program! [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 09.16.18

* Will Senator Susan Collins be persuaded by the campaign to get her to vote against Judge Brett Kavanaugh? Ed Whelan has his doubts. [Bench Memos / National Review] * Speaking of the Supreme Court, Adam Feldman identifies his "Supreme Court All-Stars" (2013-2017): the lawyers and law firms with the most arguments -- and wins -- before the high court. [Empirical SCOTUS] * Greg Lukianoff and Adam Goldstein offer tips for protecting freedom of speech on college campuses, inspired by a new book, The Coddling of the American Mind (affiliate link) by Greg Lukianoff and Jonathan Haidt. [Volokh Conspiracy / Reason] * Charles Glasser to news organizations, on the subject of self-policing: do better. [Daily Caller] * How should we evaluate the success of law firm mergers? Madhav Srinivasan of Hunton Andrews Kurth has some thoughts on methodology. [Law.com] * And Orin Kerr offers a proposal for applying the Fifth Amendment privilege against self-incrimination to compelled "decryption" of a locked phone, computer, or file. [SSRN] * Speaking of privacy, Google is taking some heat in Arizona over its alleged practice of recording location data of Android device owners even if they opted out of such tracking. [Washington Post] * When it comes to learning how to integrate technology into the delivery of legal services, American law firms can learn a thing or two from the Brits -- as the latest move by CMS suggests. [Artificial Lawyer]

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: 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: 08.26.18

* 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: 08.12.18

* 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
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