
Sculpting A Copyright Do-Over
As a bonus, the opinion answers some pressing questions on one of the hottest topics in copyright law today.
As a bonus, the opinion answers some pressing questions on one of the hottest topics in copyright law today.
With no doubt, our federal appeals courts are populated with legal thinkers and writers of the highest caliber. As such, it is a treat to see their skills applied to an area of law that some of us grapple with daily.
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A noble attempt, but probably lost on this crowd.
What can be done to improve this important and problematic practice?
* 41 Cat Pictures That Prove Beyond All Doubt That Being BuzzFeed's GC Is Freaking Awesome. [Big Law Business] * Jeffrey Wertkin, the ex-Akin Gump partner accused of trying to sell whistleblower complaints while in disguise, plans to plead guilty later this month. As he said upon arrest, maybe his life really is over... [The Recorder] * Professor Stephanos Bibas of Penn Law was confirmed to the Third Circuit by the Senate in a 53-43 vote. According to the law school's dean, Bibas “possesses all the skills to excel on the federal bench." Congratulations! [Philadelphia Inquirer] * Justice Joan Larsen of the Michigan Supreme Court was confirmed to the Sixth Circuit by the Senate in a 60-38 vote. If you recall, Larsen was on the original version of President Trump's Supreme Court shortlist, and was one of his top five finalists for Justice Neil Gorsuch's position. Congratulations! [Detroit Free Press] * Cozen O'Connor’s lobbying affiliate, Cozen O’Connor Public Strategies, poached a five-lawyer team of lobbyists from Manatt, and now Manatt no longer has a lobbying practice. [New York Law Journal]
The August recess offers a good opportunity to evaluate the state of play in judicial nominations.
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What are the chances of these folks getting confirmed?
* Everyone in the Trump administration who is in some way related to the Russia probe has now lawyered up with outside counsel, including the attorney general. AG Jeff Sessions is being represented by Chuck Cooper, a longtime champion of conservative causes. If you recall, Cooper also prepped Sessions for his confirmation hearing. [USA Today] * Let's not go crazy: Earlier this week, the Electronic Frontier Foundation and outside counsel Keker & Van Nest were denied certiorari on the Lenz v. Universal Music case -- perhaps better known as the "dancing baby" case. Thanks to the SCOTUS decision, or lack thereof, we'll not know "whether or not the DMCA includes meaningful protections for online fair uses" anytime soon. [Law.com] * Judge Gonzalo Curiel will not make a Trump University settlement objector post a $146,888 bond to pursue an appeal. Sherri Simpson, a Florida bankruptcy lawyer, paid $19,000 for Trump U. seminars and mentorship, but now she wants out so she can sue the president over the alleged fraud. [POLITICO] * Concerned Veterans for America, a political action committee that's funded by the Koch brothers, is running an ad in support of a Penn Law Professor Stephanos Bibas's nomination to the Third Circuit. "Generally a candidate would have to be pretty inflammatory or at risk to justify this kind of spending," said election law attorney Adam Bonin. [Legal Intelligencer via ABA Journal] * UNC Law's budget has officially been cut by the state Senate, but it's not as bad as the $4 million budget buster that was previously proposed. The law school will have to do without $500K in state appropriations if the legislature approves the move. Yes, that's the sound of your tuition going up. [News & Observer]
* Time to nerd out! We'll start with Senator Dianne Feinstein (D-CA) firing a shot across on the bow on blue slips. [Politico via How Appealing] * Speaking of judicial nominees, Professor Stephanos Bibas, nominated to the Third Circuit, has a long, long paper trail -- including not just lots of law review articles, but letters to the editor from when he was a college kid. [CA3blog] * Who knew that singer John Legend was a legal nerd? He's all about "the challenge and the opportunity of federalism," as Chris Geidner reports. [BuzzFeed News] * It's time for the courts to recognize that the Lemon test "is really and truly dead," according to Daniel Blomberg of Becket. [Bench Memos / National Review] * Meanwhile, Professor Orin Kerr identifies "an interesting question worth flagging for the Fourth Amendment nerds" out there. [Washington Post] * Finally, Fifth Circuit guru David Coale has found something even wonkier than the Rooker-Feldman doctrine. [600 Camp]
Prominent conservatives are hailing this latest slate as "a fantastic list."
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