Right of publicity

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: 05.13.18

* An interesting (although depressing) factoid, courtesy of Ed Whelan: this former SCOTUS clerk and prominent Florida litigator has been nominated to the federal bench by three different presidents, but has yet to serve as a judge. [Bench Memos / National Review] * If you're an older lawyer and "in transition," you need to get yourself a "temporary identity," as Jane Genova explains. [Law and More] * If you're interested in the intersection of artificial intelligence and the law, Complex/vLex Canada's CEO, Colin Lachance, provides a framework for understanding the world of legal AI. [3 Geeks and a Law Blog] * Jonathan Bernstein offers a rebuttal to my recent New York Times op-ed celebrating the demise of blue slips. [Bloomberg] * When can creators depict real people without risking liability? The ambiguity of the law on this question poses significant problems, according to Jennifer Rothman, author of a new book (affiliate link) about the right of publicity. [Volokh Conspiracy / Reason] * Noted media lawyer Charles Glasser wonders: when it comes to covering President Trump, are news editors "confusing the public interest with what is merely of interest to the public"? [Daily Caller] * Thomson Reuters gets in on the blockchain action, bringing a blockchain-based legal arbitration platform, Kleros, into its Incubator Labs start-up program. [Artificial Lawyer] * Final reminder: please support the Jersey City Free Public Library -- and enjoy some delicious Filipino food by celebrity chef Dale Talde -- by joining me on Thursday, May 17, for what should be a great evening! [Jersey City Free Public Library]

By David Lat
Morning Docket

Morning Docket: 05.18.16

* "[He] exited the passenger seat wearing nothing but what appeared to be an adult diaper." Andrew and Alecia Schmuhl, the husband-and-wife lawyers accused of torturing and nearly killing a law firm partner and his wife, are back in the news. Andrew's trial began this week, and he's utilizing an involuntary intoxication defense. [Washington Post] * President Obama needn't worry about what he's going to do to keep busy after his presidency ends -- job offers are already pouring in for him, including one from Bin Haider Advocates & Legal Consultants, a smaller firm in Dubai. But why go to the Middle East when he could easily become a partner at Sidley Austin? [Am Law Daily] * "If I had my way, I would make pro bono a service requirement." During the American Law Institute's annual meeting, Justice Sonia Sotomayor said she thinks pro-bono work should be mandatory for lawyers, and that she "believe[s] in forced labor" when it comes to access to justice and closing the justice gap for the poor. [National Law Journal] * Non-lawyers likely won't be able to stake a claim in law firm ownership anytime soon since the ABA Commission on the Future of the Legal Profession failed to submit a formal proposal to the ABA House of Delegates before a deadline had passed. It's just as well, as lawyers remain adamantly opposed to the proposition. [Big Law Business] * IP lawyers better get ready to party like it's 1999, because Minnesota lawmakers have introduced the broadly written Personal Rights in Names Can Endure Act, perhaps better known as the PRINCE Act, named for the recently deceased musician to establish a right of publicity for celebrities and their heirs within the state. [WSJ Law Blog]

By Staci Zaretsky