Supreme Court
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Courts
Supreme Court's 5-4 Opinion So Fractured Even The Subjects And Verbs Couldn't Agree
Setting the stage for the rest of the opinion... - Sponsored
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Constitutional Law
This is Not Neutrality
What is the value of hundreds of years of precedent or unambiguously clear constitutional language compared to the personal preferences of six religious conservative justices currently on the United States Supreme Court?
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Courts
Sullcrom Is Super Proud Of Themselves For Making It Easier For The State To Confine The Innocent
I hope Jones takes some solace in knowing that he may actually be one of the innocent ones. -
Courts
Clarence Thomas Just Wrote The Dumbest Paragraph In The History Of Indian Law
Neil Gorsuch is getting sick and tired of the Supreme Court screwing over Indians, but at least the majority ignored Clarence Thomas. -
Morning Docket
Morning Docket: 06.22.23
* If firms keep telling the press that everyone wants to go back to the office then maybe it’ll be true! That certainly seems to be the strategy anyway. [American Lawyer]
* Religious groups challenging abortion restrictions hoping to take advantage of the trend of courts offering exemptions to public policy to anyone who claims it offends them. Yeah… this puts a lot of weight on the idea that those opinions reflect some sort of principled Free Exercise jurisprudence instead of “we’ve found a new way to legalize discrimination, guys!” [Politico]
* KPMG dominates the bank audit space with clients like Signature, and SVB, and First Rep– oh. Uh oh. [Bloomberg Law News]
* We’re set to learn who bailed out George Santos. On one hand, public inquiry into bail sureties emboldens disingenuous attacks on bail funds, which are often critical to social justice and giving meaningful effect to the right to protest. On the other hand… George Santos is accused of misusing funds already. [NY Times]
* Insider trading conviction brings juror to tears. The prospect of sending someone to prison should give jurors more pause, but Goldman bankers making insider trades isn’t where one would expect an outpouring of empathy. [Law360]
* Clarence Thomas’s dissent in the False Claims Act case ran contrary to everything “Originalism” claims to believe. This is going to shock you, but Originalism may not be the robust, good faith interpretive strategy we’ve been told. [Dorf on Law]
* “FTC to argue Microsoft’s deal to buy Activision should be paused.” GROAN. [Reuters]
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Courts
Why There Is A Chance That The Supreme Court Could Uphold Student Loan Forgiveness
The hardcore tribalists will vote for their party regardless of the outcome. -
Courts
Sam Alito Laments It's Getting So You Can't Take All-Expense Paid Luxury Vacations Funded By Billionaires Anymore
Sam Alito tried to get ahead of a ProPublica expose and it didn't work. - Sponsored
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Morning Docket
Morning Docket: 06.21.23
* Sam Alito… COME ON DOWN! You’re the next contestant on “ProPublica is absolutely going to find all your past judicial ethics issues.” It’s becoming a popular show this year. [ProPublica]
* Trump’s documents trial set for August 14… before all the whining motions begins. [Law360]
* Fund manager explains that the legal industry is in trouble because all of his rich buddies are using ChatGPT to write all their contracts. Oh, this is going to be very funny! [Yahoo Finance]
* John Eastman’s disbarment proceedings went about as well as you’d expect. [Washington Post]
* Interesting analysis of how the nature of the student impacts the success of online legal education. [Law.com]
* Arkansas ban on gender-affirming care struck down. [Reuters]
* America needs to embrace failure a little more. It would certainly help if corporations were more open to investing in the future instead of overreacting in the present to trim enough expense to save a penny before the end of the quarter. [O’Dwyer’s]
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Morning Docket
Morning Docket: 06.20.23
* Judge Reinhart reminds Trump team that they can’t publicly disclose classified materials, though if they could follow that rule we wouldn’t be here. [Reuters]
* So far, legal experts aren’t particularly impressed with Trump’s legal strategy. [The Hill]
* John Eastman’s disciplinary proceedings kick off today. [CNN]
* Lawyer convicted of killing girlfriend dies awaiting sentencing. [CBS News]
* Justice Thomas dissented in the whistleblower case citing “serious constitutional questions” about a legal concept that was both long-established at English common law and fully understood to be constitutional at the time of the Founding. It’s like this Originalism thing is just a made up PR gimmick. [Law360]
* Quinn Emanuel partner leaves firm to preside over traffic court. [Bloomberg Law News]
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Courts
The Circuit Court That's Won The Most And The Least At The Supreme Court
You win some, you lose some. -
Courts
The Highest Cites In The Land
Which justices cited the most law journal articles in their opinions? -
Law Schools
Will Employers Model Their Post-Affirmative Action Hiring After These Two Law Schools?
How do we keep the effects of Bakke without the process?
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Morning Docket
Morning Docket: 06.15.23
* Ron DeSantis bashes Trump’s Supreme Court nominees and pledges more in the mold of Clarence Thomas, which is great news for bribery enthusiasts. [Slate]
* Crowell fighting with landlord. Law firms… they’re just like us! [Reuters]
* A deep dive into the life of America’s dumbest lawyer. [NY Post]
* First year associates are racking up big fees in FTX cases. Well look at that… FTX creating fake value. [Bloomberg Law News]
* New bill seeking to yank 230 immunity from AI provides a salve for stupid people. [Gizmodo]
* Biden administration telling car manufacturers to violate state law to inflate dealership profits. [Yahoo]
* EU doing the antitrust work that the US won’t. [Law360]
* Dale Ho finally confirmed to SDNY. [Roll Call]
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Courts
John Roberts Decides Voting Rights Already Weak Enough For Him In Latest Supreme Court Ruling
The Supreme Court didn't so much affirm voting rights as it affirmed that John Roberts gets to decide who has voting rights. -
Courts
If It Looks Like A Bottle: SCOTUS Ruling On A Jack Daniel's Copy-Dog Is In!
In short: VIP is SOL for now. -
Courts
Supreme Court Justices Release Financial Disclosures... Except 2 Justices And Take A Wild Guess At Which 2
It will shock you not at all to learn which two Supreme Court justices blew off the financial disclosure deadline. -
Morning Docket
Morning Docket: 06.08.23
* Supreme Court justices issue annual financial disclosures as required by statute (in case anyone’s confused) except Thomas and Alito. Can’t be caught making material omissions on financial disclosure forms if you don’t file any financial disclosure forms! [Reuters]
* We haven’t checked in on Lin Wood in a while… now even QAnon allies are suing him. [Daily Beast]
* Prosecutors inform Donald Trump that he’s a target in the classified documents investigation in one of American history’s greatest “duh” moments. [CNN]
* DLA Piper named in discrimination suit. [American Lawyer]
* Cooley paying associates $100K not to work. Or, phrased more accurately, “Cooley is paying associates $100K to stay afloat on their soon-to-begin student loan payments.” [Bloomberg Law News]
* Intellectual property experts testify about whether or not AI are capable of legally recognizably invention. At least we know they can invent caselaw! [Law360]
* Digital cash apps becoming a key way to distribute class action awards. No more inconvenience of having to fill out that $2.38 check! [Law.com]
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Courts
Harlan Crow's Lawyers Double Down On Genius Strategy To Invite Contempt Charges
Crow's lawyers at Gibson Dunn have done the first half and are really hoping the Senate doesn't initiate the 'and find out' part. -
Morning Docket
Morning Docket: 06.07.23
* Department of Justice likely to get involved in PGA/LIV merger. Weird how spending major Biglaw dollars calling one of them a monopoly might backfire when you try to merge with them. [Law360]
* After inviting thorough mocking of their legal acumen, Harlan Crow’s lawyers at Gibson Dunn back away from original “let’s just do contempt” offer and suggest a meeting with Senate staffers. [NBC News]
* Speaking of… comparing Clarence Thomas to the “lowliest” federal worker is a stark reminder that John Roberts is running a cesspool of ethical compromise. [Bloomberg Law News]
* Batman defeats Italian designer in trademark dispute. Not that it matters… that guy will break out of Arkham and be designing clothes again within a couple months. [Reuters]
* “There Is One Group the Roberts Court Really Doesn’t Like.” Take a guess! It’s fun because there’s at least three or four groups it could be! [New York Times]
* Move over law firms, legal technology vendors poised to become next fashionable cyber target. [Legaltech News]
* A dive into K-Pop and contracts. [LegalCheek]