Ross Guberman

Non-Sequiturs

Non-Sequiturs: 07.22.18

* Which lawyers write the best Supreme Court amicus briefs? Adam Feldman uses Ross Guberman's BriefCatch tool to find out. [Empirical SCOTUS] * In advance of Judge Brett Kavanaugh's SCOTUS confirmation hearings, Carrie Severino has this handy roundup of eight important Kavanaugh opinions. [Bench Memos / National Review] * Speaking of which, Professor Steve Vladeck raises some good possible questions for the nominee about the interaction between Morrison v. Olson and special counsel Robert Mueller's investigation. [Lawfare] * I don't think Roe is getting overruled -- but if it were to be overturned, what would happen to state abortion prohibitions that have not been officially repealed? [Josh Blackman] * On that same subject, Professor Michael Dorf wonders: could Justice Thomas save abortion rights? [Take Care] * Wherein Jonathan Adler and James Ho (now Judge James Ho) agree with Elie Mystal on the wrongness of that recent Washington Post op-ed about birthright citizenship. [Volokh Conspiracy / Reason] * Is your legal department a "goat rodeo"? You're not alone, according to Casey Flaherty. [3 Geeks and a Law Blog]

By David Lat
Non-Sequiturs

Non-Sequiturs: 07.15.18

* What's it like to take the California bar exam as a 46-year-old law professor? Orin Kerr enlightens us. [Reason / Volokh Conspiracy] * Charles Glasser points out the dangers involved in holding a speaker responsible for actions taken by listeners. [Daily Caller] * In the Term that just ended, the Supreme Court tackled technology issues in a big way -- and the implications are far-reaching, as J.P. Schnapper-Casteras explains. [Take Care] * Elizabeth Slattery and I joined Laurence Colletti, guest host of the Lawyer 2 Lawyer podcast, to discuss Justice Anthony M. Kennedy's SCOTUS retirement and the nomination of his successor, Judge Brett Kavanaugh. [Legal Talk Network] * There has been a lot of speculation about how a Justice Brett Kavanaugh might move the Court to the right; Adam Feldman digs into the cases to make some educated guesses. [Empirical SCOTUS] * What lessons could losing the Court teach the Democrats? Here are some thoughts from Seth Lipsky and David Leonhardt. [New York Post via Instapundit] * And what lessons can lawyers learn from Judge Kavanaugh's excellent writing? Ross Guberman identifies five of them. [Legal Writing Pro] * Joel Cohen and Dale Degenshein explore what happens when a citizen "flips the bird" at the police (hint: it's not a good idea). [Law and Crime] * Congratulations to Thomson Reuters on the launch of Westlaw Edge, the latest version of its industry-leading legal research platform -- which boasts a slew of new, artificial-intelligence-driven features, helpfully explained by Jean O'Grady. [Dewey B Strategic] * And speaking of AI, congratulations to Fenwick & West on cutting the time for contract review in half, with the help of technology from Kira Systems. [Artificial Lawyer]

By David Lat
Non-Sequiturs

Non-Sequiturs: 03.18.18

* Adam Feldman uses BriefCatch, a powerful new tool from legal writing guru Ross Guberman, to find the best writers in the Supreme Court bar -- and some of the top advocates might surprise you. [Empirical SCOTUS] * Prominent First Amendment litigator Charles Glasser makes the (compelling) case in favor of a federal anti-SLAPP statute. [Daily Caller] * Jeff Hauser, executive director of the Revolving Door Project, argues that the Trump Justice Department's installation of Trump allies as interim U.S. attorneys "represent[s] a test of civil society’s ability to fight back against threats to the rule of law" -- and so far, "the test is going poorly." [Slate] * Speaking of the Trump DOJ, Ben Adlin breaks down the latest federal-state fight -- and explains why it's not as simple as just citing the Supremacy Clause. [Leafly] * "Bring me a case!" Reflections from Joel Cohen and Bennett L. Gershman on using litigation to bring about social change. [Law.com] * What can legal marketers learn from... a man using a cat as his hat? [Shana Douglas]

By David Lat
Non-Sequiturs

Non-Sequiturs: 06.17.15

* With student loan forgiveness earning public approval, the other shoe had to drop. Critics campaigning that any escape is "welfare." If you were grasping for the proper pejorative it's "Homecoming Queen." [Concurring Opinions] * Hot mic alert! Lawyer broadcasts during recess that prosecutor is "in my pocket." Only to the extent the prosecutor is now up your ass. [ABA Journal] * Maybe there's hope for sentencing reform: 130 former judges, prosecutors and law enforcement officials sign a letter advocating for the Smarter Sentencing Act of 2015. The key is "former." I'll bet while they were running for office harsh sentencing was a-OK. [Sentencing Law and Policy] * Using the show Serial to teach good brief writing. [Legal Writing Pro] * Had you considered the marriage equality dimensions of Kerry v. Din? Me neither. But Professor Dorf did. [Verdict] * Law schools are increasingly hiring deans from within. Just another way of keeping Elie out of that dean's job he wants so badly. [The Faculty Lounge] * What to do when hiring a contract attorney? Hm. Look for fear and desperation? Oh... oh, you're being serious about ethics and stuff. [Daily Report] * The best description of the conservative argument in King: "the card says 'Moops.'" [Lawyers, Guns & Money] https://www.youtube.com/watch?v=Ia02fGpUQfU

By Joe Patrice
Benchslaps

Non-Sequiturs: 03.27.14

* The Biglaw firm that Chris Christie hired to investigate Chris Christie and the Bridgegate scandal has concluded that Chris Christie did nothing wrong. Phew, Chris Christie couldn’t haven seen that one coming. [BuzzFeed] * If you were an attorney on the D.C. Circuit case where counsel received an unexpected benchslap for their use of excessive acronyms, would you have said OMG WTF, or LOL NBD? Choose wisely, unless you DGAF. [Legal Writing Pro] * BTW, the D.C. Circuit doesn’t so much forbid the use of uncommon acronyms so much as it requires that a glossary be used to define them. Too bad iPads have killed glossaries. [Maryland Appellate Blog] * An American failed chef in Paris: One of Lat’s friends from back in the day when he was at Wachtell took a very circuitous route to becoming the first American partner at a top French firm. [The Deal Pipeline] * If you care at all about how well women and minority law students are represented on law reviews, then you’ll want to come to this important event. I’ll be there, and hope to see you there, too! [Ms. JD] * It’s getting hot in herre, but please keep on your clothes. Students from Penn Law REALLY want you to know about this weekend’s boxing event. Nelly will be at the after party. [Wharton vs. Law: Fight Night]

By Staci Zaretsky