Stephen Reinhardt

Non-Sequiturs

Non-Sequiturs: 07.29.18

* Amy Howe has highlights from Judge Brett Kavanaugh's completed questionnaire for the Senate Judiciary Committee -- including the five different law firms where he worked as a summer associate. [SCOTUSblog] * Despite Judge Kavanaugh's impeccable qualifications, the battle to confirm him to the Supreme Court will be hard-fought -- and Adam Feldman explains why. [Empirical SCOTUS] * In other nominations news, Veronica "Ronnye" Stidvent, a prominent Latina lawyer, comes to the defense of Ryan Bounds, whose Ninth Circuit nomination was defeated last week. [Oregonian] * Does the failure of the Bounds nomination spell trouble for the Kavanaugh nomination? Here are some thoughts from Elizabeth Slattery and me. [SCOTUS 101 / Heritage Foundation] * Had he been confirmed, Ryan Bounds would have replaced his (and my) former boss, Judge Diarmuid F. O'Scannlain -- who just penned a landmark Second Amendment opinion, Young v. Hawaii, that could very well wind up before SCOTUS (and allow the Court to settle a circuit spit). [Volokh Conspiracy / Reason] * Speaking of the Ninth Circuit, Chris Walker has some concerns about the late Judge Stephen Reinhardt casting the deciding vote in an important tax law case, some four months after his passing. [Notice & Comment / Yale Journal on Regulation] * Why is the internet such a cesspool today? Media lawyer Charles Glasser identifies five factors behind the decline (and gives a shoutout to Above the Law's dearly departed comments section). [Daily Caller] * Elsewhere in the First Amendment world, Joel Cohen and Dale Degenshein argue that it should be easier for parties to have documents sealed in litigation. [The Hill] * If you appreciate the dying art that is the book review, check out Alice Lloyd's beautifully written review of Robert Anthony Siegel's Criminals: My Family’s Life on Both Sides of the Law (affiliate link), which paints a portrait of his father, Stanley Siegel -- "a big-hearted and brilliant," but deeply troubled criminal defense lawyer. [Weekly Standard]

By David Lat
Non-Sequiturs

Non-Sequiturs: 06.17.18

* Are you paying too much in mutual-fund fees? If you're paying more than zero, then yes -- or so argue Professors William Birdthistle and Daniel Hemel in this interesting and persuasive op-ed. [Wall Street Journal] * James Comey, FBI director turned author (affiliate link), responds to the criticisms of him in the Inspector General's report. [Althouse] * It's complicated -- but just how complicated? Adam Feldman uses word counts and citations to measure opinion complexity during the current Term of the Supreme Court. [Empirical SCOTUS] * Judge Alex Kozinski (Ret.) pays tribute to the memory of his late colleague on the Ninth Circuit, Judge Stephen Reinhardt. [Concurring Opinions] * If you're confused by why the latest Obamacare litigation over the individual mandate matters, since the mandate was rendered toothless by the recent tax reform, Professor Ilya Somin can help. [Volokh Conspiracy / Reason] * Ethics expert Steven Lubet reviews Ryan Holiday's book (affiliate link) about the Hulk Hogan/Gawker case -- and argues that Peter Thiel's financing of the litigation might have violated legal ethics. [American Prospect via PrawfsBlawg] * Thomson Reuters, a leader in applying artificial intelligence in the law -- we're partnering with them on our Law2020 series, exploring how AI is affecting the legal profession -- also utilizes machine learning to help people trade cryptocurrencies (among many other use cases). [Artificial Lawyer]

By David Lat
Morning Docket

Morning Docket: 07.07.17

* Another day, another notable immigration ruling from the Ninth Circuit (by the great liberal lion, Judge Stephen Reinhardt, joined by his brilliant ideological protégé, Judge Marsha Berzon). [How Appealing] * The sexual assault case against Bill Cosby, which previously ended in a mistrial after the jury deadlocked, will be retried in November. [Philadelphia Inquirer] * Why do associates leave Biglaw, and what can be done to reduce attrition? Insights from NALP and from Major Lindsey & Africa's Tina Cohen and Jennifer Henderson. [ABA Journal] * Law firm merger mania continues -- and much of the action is taking place abroad. [Law.com] * Senator Kamala Harris, prominent prosecutor turned politician, might get interrupted on occasion -- but she will not be stopped. [New York Times] * Linda Greenhouse wonders about Justice Neil Gorsuch: "How could the folksy 'Mr. Smith Goes to the Senate Judiciary Committee' morph so quickly into Donald Trump’s life-tenured judicial avatar?" [New York Times via How Appealing] * Senate Majority Leader Mitch McConnell acknowledges that the Republicans might not be able to repeal Obamacare right now -- and that an interim solution might be needed. [The Hill] * For interested readers, here's the "origin story" of Above the Law, which turns 11 next month. [Yale Alumni Association of New York]

By David Lat