Prosecutors

Morning Docket

Morning Docket: 05.02.22

* Florida is working on a "constitutional" carry thing. We need to stop the trend of just putting "bat" or "constitutional" in front of words like that to make a new product. [Tallahassee Democrat] * Ever wonder about prosecutorial discretion? Here's a primer. [WSJ] * When worlds collide: Looks like the IP buffs are duking it out with the antitrust advocates again. [NEXT TV] * Flexible or vague? A Virginian law about shorelines has homeowners swimming in uncertainty. [Bay Journal] * Looks like Massachusetts lawmakers are hiding the ball when it comes to gambling. [Mass Live] * Reminder: Vote on your top pick for Law Revue!!

By Chris Williams
Non-Sequiturs

Non Sequiturs: 04.14.19

* "How Tough-on-Crime Prosecutors Contribute to Mass Incarceration." My review of Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (affiliate link). [New York Times Book Review] * When it comes to prosecutors, as former prosecutor Joel Cohen explains, it's all about discretion. [New York Law Journal] * Judge Nancy Gertner (Ret.) defends Suffolk District Attorney Rachael Rollins's exercise of her prosecutorial discretion -- and argues that Thomas Turco's criticisms of Rollins are unfair. [Boston Globe] * Another ex-prosecutor, Quinn Emanuel partner Alex Spiro, is representing tennis star Naomi Osaka in the "repugnant" lawsuit filed against her by her former coach. [Tennis365] * Former federal prosecutors, many of them now partners at Biglaw firms, represent more than half of the defense lawyers in Operation Varsity Blues, aka the college admissions scandal. [Big Law Business] * High-stakes litigation is just one of many factors contributing to Biglaw's robust profit margin these days -- hovering around 40 percent, its highest value in almost 30 years, according to Madhav Srinivasan of Hunton Andrews Kurth. [Law.com] * Ronald Collins interviews Joan Biskupic about her latest judicial biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts (affiliate link). [SCOTUSblog] * And speaking of SCOTUS, Will Baude believes that the death penalty "is justifiable and constitutional" -- but argues that the Court has not acquitted itself well in its recent handling of capital cases. [Volokh Conspiracy / Reason]

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