Steven J. Harper

Non-Sequiturs

Non-Sequiturs: 08.10.16

* "NEW CIVILITY WATCH: Dem Senate candidate and former Ohio Gov. Ted Strickland: Scalia's death 'happened at a good time.'" [Instapundit] * A Skull and Bones society for top NYC law firms? Professor Rick Swedloff discusses a secretive group whose membership includes some of Biglaw's biggest names. [SSRN] * A notable new petition (filed by Professor Orin Kerr and Marcia Hofmann) in a high-profile appeal about the Computer Fraud and Abuse Act. [Volokh Conspiracy] * Donald Trump's infamous "Second Amendment" quip is protected by the First Amendment -- but just barely, according to Professor Noah Feldman. [Bloomberg View via How Appealing] * Jury consultant Roy Futterman of DOAR wonders: is concern about prejudicing jurors actually driving them to using the internet for decision-making? [Big Law Business] * Could the ABA someday lose its power to accredit law schools? Steven J. Harper thinks its day of reckoning is coming closer. [The Belly of the Beast]

By David Lat
Morning Docket

Morning Docket: 04.06.15

* “It’s unconscionable, and I believe they have breached the fiduciary duty to the law school, to the students and to the public.” Appalachian Law is struggling, and some believe its trustees are preventing the school from saving itself. Will this be the first school to fold? [Inside Higher Ed] * “We were all running this ATM machine called big law firms." Before 2008, it was easier for large law firms to make money, but now, there's an "insurmountable gap" in revenue between the industry's heavy hitters and the rest of the pack. [Wall Street Journal] * You'll pry their job security from their cold, dead hands: William Mitchell Law professors know that layoffs may be coming thanks to the school's planned merger with Hamline Law, and have filed suit to protect the Tenure Code. [Minnesota Public Radio News] * Bonus season isn't the only thing that Davis Polk has cornered the market on. According to the latest Bloomberg M&A rankings, the firm came out on top during the first quarter of 2015 when it came to advising on major deals. [Big Law Business / Bloomberg BNA] * "Whatever happened to The New York Times' fact-checker?" Here's yet another harsh critique of Professor Steven Davidoff Solomon’s cringeworthy defense of law schools, and this time it's from a fellow law professor. Ouch. [The Belly of the Beast via Am Law Daily] * Jay Edelson of Edelson PC may be the "most hated person in Silicon Valley," but he probably doesn't care about being Liked -- after all, he recently filed suit against Facebook over the social networking company's face recognition software. [New York Times]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.31.15

* The Supreme Court decided that government-issued GPS trackers violate 4th Amendment. My GPS device is my phone -- can we get on protecting that? [Gizmodo] * More on the subtle differences between the Indiana RFRA and the post-Hobby Lobby landscape. Specifically, the Indiana Act's provision on private suits, which are the subject of a circuit split at the federal level. [Washington Post] * Professor Jonathan Lipson reviews what ATL's Converge conference had to say about the future of law. [The Temple 10-Q] * The Supreme Court doesn't want to hear from ever lawyer under the sun on the marriage equality cases. The parties just announced their picks to make the argument. [Lyldennews] * Another day, another law student busted for sex with a minor. Maybe crim law needs to move up that age of consent lecture to day 1. [The Columbus Dispatch] * Up and coming Supreme Court challenges to Obamacare for everyone still raging against the dying of the light. [Washington Post / The Volokh Conspiracy] * Congratulations to Steven J. Harper, who is finally headed home from the hospital after a lengthy stay under apparently Kafka-esque conditions. [The Lawyer Bubble]

By Joe Patrice
Defamation

Non-Sequiturs: 04.16.14

* ATTENTION LAW STUDENTS: Tomorrow is the last day to enter our annual Law Revue competition. The deadline is tomorrow at 5 so send them in. Entries have been coming in all day, so don't get left out. [Above the Law] * It looks like the Supreme Court just made a decision even worse than McCutcheon. [SCOTUSBlog] * New York's disciplinary procedures for lawyers are "deficient in design and operation." So come to New York if you plan on being a shady lawyer, I guess. [NY Times] * More on the law school apology by Erwin Chemerinsky and Carrie Menkel-Meadow that Lat wrote about yesterday. [The Write Stuff] * And, hey, while we’re at it, here’s Steven J. Harper’s take on the same Op-Ed. [The Lawyer Bubble] * UC Hastings Professor Osagie Obasogie is quoted in this informative piece about the changing nature of collegiate debate as it ventures more and more into the domain of critical race theory. As one of the people who helps run the CEDA tournament discussed in the article, I thought this was an interesting account. [The Atlantic] * FBI makes a cheesy video to teach young Americans not to spy for China. It’s really worth a watch. [National Journal] * A high school teacher in Australia won a defamation suit against a student who said mean things on Facebook. [IT-Lex] * The Legal Broadcast Network interviewed Kyle McEntee of Law School Transparency about how improved tools help law students. [Legal Broadcast Network]

By Joe Patrice
American Bar Association / ABA

Non-Sequiturs: 03.26.14

* The shaming of Professor Rene Reich-Graefe continues, with Steven Harper weighing in. Law professors… so many people are onto your game of creating rosy scenarios to dupe prospective law students. Maybe you could spend more time trying to fix the problem in legal education, and a little less time trying to hide it? [Belly of the Beast] * I enjoy reminding subway performers that their career choices are illegal. [Above the Law: Redline] * Can’t Jack Daniels, Johnny Walker, and Jim Beam settle their differences over a beer? [Wall Street Journal] * I only hope Northwestern’s law students have as much legal success as Northwestern’s football students. [Deadspin] * The ABA wants comment on whether for-credit externships can also be paid. [Faculty Lounge] * I miss Kash. I hate drones. [Forbes] * This isn’t a legal link. There’s no legal standard regarding gender specific displays of pubic hair. There’s just a double standard. [Fashionista]

By Elie Mystal