Tony Mauro

Non-Sequiturs

Non-Sequiturs: 08.12.18

* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal] * Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic] * Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh's nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against -- yes, against -- the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review] * If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court's business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS] * The failure of Ryan Bounds's Ninth Circuit nomination could be a "teachable moment" for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews] * Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line] * It's unfair to dismiss Seinfeld as "a show about nothing"; episodes offer insight into numerous legal issues -- for example, the law of conspiracy. [Seinfeld Law] * Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason] * If you're interested in litigation finance, there's a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]

By David Lat
Morning Docket

Morning Docket: 05.26.17

* The Russia investigation now turns to President Donald Trump's son-in-law, Jared Kushner -- proud holder of a law degree from NYU (and a really great set of abs). [Washington Post] * Former Senator Joseph Lieberman (D-CT), currently senior counsel at Kasowitz Benson, has withdrawn from consideration as FBI Director (as my colleague Staci Zaretsky predicted, after Marc Kasowitz got hired by President Trump to represent him in the Russia probe). [New York Times] * Congratulations to Judge Amul Thapar, President Trump's first lower-court nominee, on his confirmation to the Sixth Circuit -- although it's disappointing that no Democrats voted in favor of this eminently qualified (and diverse) candidate. [How Appealing] * Despite allegedly roughing up a reporter (for which he's apologized), Republican Greg Gianforte won the race for Montana's sole seat in the House of Representatives (as my colleague Joe Patrice predicted he would). [New York Times] * How did Michelle Obama react when Barack Obama declined to pursue a coveted Supreme Court clerkship? Tony Mauro tells the tale. [Law.com] * The ABA continues to fight the good (or not so good?) fight in defense of the Public Service Loan Forgiveness (PSLF) program. [ABA Journal] * It seems that some folks on Capitol Hill like my proposed solution to the use of "blue slips" in the judicial confirmation process. [Washington Post via How Appealing] * The Brooklyn District Attorney's office concludes that a slew of murder convictions based on dubious evidence from embattled detective Louis Scarcella must be thrown out -- and yet Scarcella engaged in no wrongdoing. [New York Times] * Biglaw firms are suffering from an oversupply of lawyers, and a quarter of respondents to a recent survey said their associates don't have enough work -- which might explain why at least one firm has turned to laying off first-year associates. Yikes. [ABA Journal]

By David Lat
Non-Sequiturs

Non-Sequiturs: 12.02.16

* Tony Mauro hangs out with Meg Ryan -- no, not the actress, but the SCOTUS clerk and JAG lawyer turned judge and possible Supreme Court nominee. [National Law Journal via How Appealing] * Speaking of SCOTUS, ain't no mountain high enough for the Notorious RBG. [The Onion] * New partner watch: congrats to the three new partners at an elite boutique (that just announced nice bonuses): Blair Kaminsky, Neil Lieberman, and Daniel Sullivan. [Holwell Shuster & Goldberg] * During this holiday season, help two lawyers help the homeless. [What About Clients?] * If you have to ask whether something is allowed under HIPAA, the answer is probably no. [MedCity News] * Orin Kerr on the latest skirmish in the "Magistrate's Revolt" -- an opinion by Magistrate Judge James Orenstein that Kerr believes is "clearly wrong." [Volokh Conspiracy] * Did the media misread Donald Trump during the campaign, taking him literally but not seriously (when it should've been the other way around)? [Althouse]

By David Lat
Morning Docket

Morning Docket: 11.25.16

Ed. note: As mentioned on Wednesday, we will be publishing today, but at a reduced level. We'll be back in full force on Monday. Hope you had a great Thanksgiving! * President-elect Donald Trump will likely pick a lawyer as his nominee for Secretary of State: Rudy Giuliani (NYU Law '68) or Mitt Romney (Harvard Law '75). [New York Times] * Where do broken hearts go? Some precedents for Chief Judge Merrick Garland to follow from unsuccessful Supreme Court nominees. [Associated Press via How Appealing] * A pre-Thanksgiving ruling from the Florida Supreme Court that gave one prisoner something to be grateful for could signal more upheaval to come in the nation’s second largest death row. [BuzzFeed] * Three more judges participated in Pennsylvania's "Porngate" email exchanges -- but it seems that Bruce Beemer, the state's new attorney general, won't be naming names. [ABA Journal] * What does the future hold for the Consumer Financial Protection Bureau (CFPB) and its chief, Chicago Law grad and former SCOTUS clerk Richard Cordray? [New York Times] * It's not just a plot line from Suits: Reginald Taylor, accused of posing as a lawyer by stealing an attorney's bar number, apparently delivered decent results for his clients. [The Daily Beast] * Don't mess with (federal judges from) Texas, Mr. President; Judge Amos Mazzant, who blocked President Obama's proposed extension of overtime pay, isn't the first Lone Star jurist to cause problems for the Obama Administration. [New York Times via How Appealing] * Thinking of hitting the movies over the long weekend? Tony Mauro shares our own Harry Graff's enthusiasm for Loving. [National Law Journal]

By David Lat