Office of Legal Counsel

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
Non-Sequiturs

Non-Sequiturs: 09.25.15

* Well, this is one way to deal with the Free the Nipple campaign: ban sideboob and underboob. And while you're at it, legalize public boners because consistency is hard. Heh. [Vice] * The Pope's homelessness chops are on point. [What About Paris?] * This is the absolute best way to troll prestige whores. [Daily Lawyer Tips] * Is this the best recommendation letter ever? [Lawyers, Guns & Money] * This is how bigamy cases go down in the world of Facebook. [Legal Juice] * Using forensic evidence to document human rights abuses. [Pacific Standard] * What's going on with Janet Yellen? [Dealbreaker] * Interesting to legal nerds (and maybe others). The Justice Department's very influential Office of Legal Counsel (OLC) -- the division that produced the torture memos, among other things -- cranks out a lot of law professors. [Yale Journal on Regulation]

By Kathryn Rubino
1st Circuit

Morning Docket: 05.06.14

* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times] * The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog] * Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post] * Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal] * Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing] * Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)] * Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

By David Lat
1st Circuit

Morning Docket: 09.25.13

* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal] * President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe] * The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed] * Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times] * “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times] * Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]

By Staci Zaretsky
2nd Circuit

Non-Sequiturs: 08.07.13

* Texas Hold ‘Em loses to Second Circuit on the River. [The Volokh Conspiracy] * Compiling a collection of historical White House counsel advice was a labor of love. The collection includes advice on issues ranging from dealing with Leon Trotsky to blockading Cuba. Advice on treaty with Roswell visitors conspicuously absent. [WSJ Law Blog] * An incoming 1L at Ole Miss takes to Craigslist to find a “young cute girl” to be “arm candy I spoil.” Ick. [Craigslist (in case that comes down, here's a screenshot)] * Johnny “Football” Manziel’s alleged autograph-for-pay scheme has prompted Texas A&M to hire Lightfoot, Franklin and White, the law firm that helped out Auburn when Cam Newton totally got paid to play was wrongfully accused of taking payments. [USA Today] * D.C. Circuit Judge Janice Rogers Brown has hired former bank robber and jailhouse lawyer Shon Hopwood as her new clerk. An awesome story actually. [Blog of the Legal Times] * Oh closed circuit surveillance, is there anything you can’t do? A police officer in Italy’s Supreme Court has earned some Internet fame after being caught dancing to YMCA while waiting for the verdict in Silvio Berlusconi’s trial. Original video after the jump. Check out Legal Cheek for some viewer-created homages. [Legal Cheek]

By Joe Patrice
Biglaw

Morning Docket: 03.11.13

* The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times] * If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post] * It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times] * Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily] * If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal] * Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette] * Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]

By Staci Zaretsky
Sponsored Content

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By Charles River Associates (CRA)
Ann Althouse

Non-Sequiturs: 01.12.12

* Dominique Strauss-Kahn’s lawyer has a challenge for you: “I defy you to tell the difference between a naked prostitute and any other naked woman.” [Dealbreaker] * It’s not often that Cravath partners leave for other firms, but it happens. Jeffrey Smith, former head of the environmental practice at Cravath, recently decamped for Crowell & […]

By David Lat
Barack Obama

Recess Appointments: How Do You Stop A Legal Sham?

It’ll take some time before a court rules on the legality of Barack Obama’s recess appointment of Richard Cordray to the Consumer Financial Protection Bureau. In case you haven’t been paying attention, Obama nominated Cordray two years ago, but the Republicans have refused to allow his nomination to come to a vote. Obama then wanted […]

By Elie Mystal
Constitutional Law

A Preview of the Upcoming Supreme Court Term

We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner. With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011: […]

By David Lat
Arlen Specter

Non-Sequiturs: 12.22.10

* How much would you need to be paid to spend 40 hours in prison? Does $200,000 sound about right? [Maryland Daily Record] * C’mon, libs, John Yoo isn’t heartless — he opposes slavery, for crying out loud. Meanwhile, Richard Epstein agrees with Yoo that the original Constitution was far from perfect. [Ricochet (Yoo); Ricochet […]

By David Lat