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Morning Docket: 03.21.19

* What does Wachtell think of George Conway's Twitter profile? Silly rabbits, Wachtell doesn't have opinions unless they're billable. [American Lawyer] * Kirkland will remain atop the Am Law 100 rankings with its warm and fuzzy business model. [American Lawyer] * Western State lives! At least for a few more months. [The Recorder] * Judge aborts law. [Louisville Courier-Journal] * Lawyer turns blogging into a $30 million side hustle. That's pretty much how Above the Law works. [Forbes] * Aft...
Tags: Law, Bankruptcy, Atlantic, Sears, Biglaw, Kirkland, Louisville Courier Journal, Eddie Lampert, Morning Docket, Kirkland & Ellis, Wachtell, Western State, Wachtell Lipton Rosen & Katz, George Conway, Maria Butina, Western State College of Law at Argosy University


Rounding-up some news and commentary as SCOTUS hears argument on latest round of capital insanity

Albert Einstein is generally credited with the aphorism that "the definition of insanity is doing the same thing over and over again, but expecting different results." That quote came to mind as I was thinking about the Supreme Court's consideration this morning of a Batson claim in Flowers v. Mississippi. Here is a brief accounting of just some of the backstory of this case (with emphasis added) from this SCOTUSblog post when cert was granted: [T]he justices will once again review the case of ...
Tags: Mississippi, Supreme Court, Law, Kentucky, Atlantic, Albert Einstein, Evans, Flowers, US supreme court, Mississippi Supreme Court, Doug Evans, Douglas A Berman, Batson, Curtis Flowers, Winona Mississippi Flowers, Mississippi Here


Wednesday round-up

The justices will hear argument in one case this morning: Flowers v. Mississippi, which asks whether a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution. Amy Howe previewed the case for this blog, in a post that was first published at Howe on the Court. Cecilia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. At AP, Jeff Amy and Mark Sherman report that “[t]he state, defending the co...
Tags: New York, Mississippi, Supreme Court, Law, Congress, Oregon, Court, America, Georgia, Bloomberg, Ap, Atlantic, United States, Hawaii, Liberty, New York Times


Want to see a warship? Seal Beach Weapons Station will host tours March 23-24

In a rare opportunity for the public to board a warship at the Seal Beach Naval Weapons Station, the Navy will be giving free tours this weekend of the guided missile cruiser USS Princeton as part of 75th anniversary celebration at the base. The tours will be held Saturday, March 23, from 10 a.m. to 2:30 p.m. and Sunday, March 24, from 10 a.m. to 1:30 p.m.. “The last public ship tour we did on base was in October 2012,” said base spokesman Gregg Smith. The weapons depot was established in 1944, ...
Tags: Navy, Washington, Uncategorized, Sport, Atlantic, Soccer, Military, Local News, Smith, Princeton, Pacific, Pacific Coast Highway, Beaches, Pacific Fleet, Southern California News Group, Top Stories OCR


"Who Still Buys Wite-Out, and Why?"

They're asking the rite question at The Atlantic.But correction fluids are not only surviving—they appear to be thriving, with Wite-Out sales climbing nearly 10 percent in 2017, according to the most recent public numbers. It’s a mystery of the digital age....Yeah, Mike Nesmith's mother... Liquid Paper... We needn't go back into that history. I'll just say Wite-Out is to Liquid Paper as Oreo is to Hydrox. Back to the question at hand: Why are people still buying a lot of correction fluid?Even as...
Tags: Amazon, Comics, Law, Atlantic, Drawing, Handwriting, Cookie, NPD, Bic, Mike Nesmith, Ann Althouse, David A Graham, Tia Frapolli


Tuesday round-up

Today the justices will hear oral argument in Cochise Consultancy v. United States, ex rel. Hunt, which asks whether the “discovery” exception to False Claims Act statute of limitations applies to private parties in cases in which the government has not intervened. David Engstrom had this blog’s preview. Lauren Devendorf and Tyler Schmitt preview the case at Cornell Law School’s Legal Information Institute. Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose...
Tags: Mississippi, Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Atlantic, Gop, United States, New York Times, Kansas, Beltway, Louisiana, Usa Today, Flowers


Rounding up some commentary on Gov Newsom's formal halting of executions in California

Given that there were no executions in California during the second term of Gov Arnold Schwarzenegger or during the two terms of Gov Jerry Brown, I was not expecting to see California's execution chamber suddenly getting a lot of use once Gavin Newsom took over.  But, as reported here, just two months into office, Gov Newsom formalize matters by ordering an "executive moratorium ... in the forms of a reprieve for all people sentenced to death in California."  Here is a smattering of commentary a...
Tags: Law, California, US, America, San Francisco, Atlantic, Arnold Schwarzenegger, Jerry Brown, Los Angeles Times, Gavin Newsom, Newsom, Douglas A Berman, Mercury News Newsom, San Diego Union Tribune How Newsom, Forum Gov Newsom


Thursday round-up

Briefly: At The Daily Caller, Kevin Daley notes that “Chief Justice John Roberts has made common cause with the Supreme Court’s liberal bloc as late, breaking with his conservative colleagues on cases relating to abortion, the death penalty and President Donald Trump’s revised rules for asylum seekers,” and that “[i]n isolation, it’s difficult to know what to make of the chief’s votes.” In an op-ed for Fox News, Kristen Waggoner hopes that the recent settlement between Colorado and Christian ba...
Tags: Supreme Court, Law, Colorado, Indiana, Atlantic, Fox News, Christian, Illinois, Donald Trump, Madison, Round-up, John Roberts, International Finance Corporation, Jam, NLRA, Marbury


Homeless encampments will stay put under Los Angeles settlement

“The Los Angeles City Council on Wednesday agreed to settle a pivotal and contentious case on the property rights of homeless people — a decision that is likely to limit the seizure and destruction of encampments on skid row.” Since 2016 the city has been in litigation with civil rights lawyers representing homeless persons “and two Skid Row anti-poverty groups.” Subsequently, “U.S. District Judge S. James Otero in Los Angeles issued an injunction [that] barred the city from seizing and destroyi...
Tags: Law, Uncategorized, Los Angeles, Atlantic, Times, Los Angeles City Council, Daily News, California Coastal Commission, KCOP, Susan Shelley, Property Law, Roads And Streets, James Otero, Gale Holland, Anna Gorman Kaiser


Thursday round-up

Briefly: For The New York Times, Adam Liptak reports that “a group of hip-hop stars, including Chance the Rapper, Meek Mill, Killer Mike, Yo Gotti, Fat Joe and 21 Savage,” filed a brief yesterday “urg[ing] the Supreme Court to hear their fellow rapper’s First Amendment challenge to his conviction” “for threatening police officers — in a song.” At SCOTUS OA, Tonja Jacobi and Matthew Sag predict a 6-3 win for the proponents of the Peace Cross in The American Legion v. American Humanist Associatio...
Tags: Supreme Court, Law, Indiana, Atlantic, Liberty, New York Times, Davis, Chevron, Round-up, Thomas, International Finance Corporation, Adam Liptak, Jam, Loos, Stephen Breyer, Breyer


"Going to another country is giving up control. And women are more comfortable than men at not being in control."

My son John quotes the orientation leader of his study-abroad program. He's reading that Atlantic article — "Why Are So Few Male Students Studying Abroad?" — that we were talking about a few days ago here. The quote in the post title pushes me to think of what Instapundit wrote when he linked to my post: "My hypothesis... People do study abroad in hopes of meeting new sexual partners. Men, heavily outnumbered on campus by women, don’t have to go abroad for that. Women, with a shortage of men on ...
Tags: Travel, Education, Law, Sex, Relationships, Atlantic, John, Instapundit, Jaltcoh, Ann Althouse, Gender Difference


"In 2016-17, women accounted for more than two-thirds of American students studying abroad, a proportion that has remained constant for more than a decade."

"Colleges have long blamed the gender disparity on the simple fact that women outnumber men on campuses and tend to major in disciplines that historically have accounted for a large share of overseas programs, such as the humanities, social sciences, and foreign languages. Meanwhile, fields dominated by men, mostly STEM (science, technology, engineering, and mathematics) disciplines, have a reputation for being less hospitable to overseas study because of demanding degree requirements....  [M]en...
Tags: Travel, Education, Law, Atlantic, Ann Althouse, Gender Difference


Thursday round-up

Amy Howe covers yesterday’s oral argument in The American Legion v. American Humanist Association, an establishment clause challenge to a World War I memorial shaped like a cross on public property, for this blog, in a post that first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that the court “seemed ready … to allow a 40-foot cross honoring soldiers who died in World War I to remain in place on public land in Maryland.” For , Jess Bravin reports that the “justice...
Tags: Usa, Maryland, Supreme Court, Law, Washington Post, Washington, India, Alabama, America, Bloomberg, Cnn, Atlantic, United States, Idaho, New York Times, Houston


"The decline of traditional faith in America has coincided with an explosion of new atheisms."

"Some people worship beauty, some worship political identities, and others worship their children. But everybody worships something. And workism is among the most potent of the new religions.... It is the belief that work is not only necessary to economic production, but also the centerpiece of one’s identity and life’s purpose.... [E]lite American men have transformed themselves into the world’s premier workaholics, toiling longer hours than both poorer men in the U.S. and rich men in similarly...
Tags: Law, Labor, Time, Careers, America, Atlantic, Derek Thompson, John Maynard Keynes, Ann Althouse, Religion Substitutes


2H 2018 Quick Links, Part 7 (Content Moderation, Section 230, & More)

[ugh, somehow this got lost in my drafts folder. Sharing it now…] * Vice: “The Impossible Job: Inside Facebook’s Struggle to Moderate Two Billion People.” If you read only one article on content moderation, choose this one. Things I learned included: Facebook has a policy for images depicting celebrities photoshopped with anus mouths/eyes. * New York Times: Inside Twitter’s Struggle Over What Gets Banned * Washington Post: Jack Dorsey says he’s rethinking the core of how Twitter works * Vice: In...
Tags: Google, Amazon, Facebook, Mark Zuckerberg, Microsoft, Law, Washington Post, Russia, Atlantic, New York Times, Islam, US Senate, Jack Dorsey, Sheryl Sandberg, Ny Times, Slashdot


Higher education roundup

The less you know: new push to “de-bias” faculty recruiting by removing CVs and interviews from the process [John Morgan, Times Higher Ed/Inside Higher Ed on developments in Britain] “You Can’t Make This Up: A Speech Code that Investigates Students for Discussing the Freedom of Speech” [University of South Carolina: Ilya Shapiro and Patrick Moran on Cato certiorari brief in Abbott v. Pastides] “Sokal Squared” hoax runs into IRB (human subjects review) issues at Portland State, and it’s m...
Tags: New York, Workplace, Law, Obama, Israel, Uncategorized, Atlantic, Britain, Aclu, Title IX, Abbott, Bds, Portland State, Jesse Singal, IRB, DeVos


Lots worth reading from lots of sources for criminal justice fans

Especially in the midst of a busy week, I sometimes come to realize that I will not get a chance to blog separately about a bunch of new pieces and commentary that have been brought to my attention.  I sometime deal with realization through a round-up post.  This is one of those posts: From Sam Bieler at Simple Justice, "We Are Going to Mass Incarcerate Forever" From Nora Demleitner at The Hill, "Barr confirmation reveals shallowness of congressional commitment to justice reform" From Nora...
Tags: Law, Atlantic, Anthony Weiner, New York Daily News, NOLA, Jordan Smith, Matt Ford, Douglas A Berman, Emily Horowitz, Nora Demleitner, Sam Bieler, Hill Barr, Tim Morris


"Smollett—if he really did stage the attack—would have been acting out the black-American component in this eschatological configuration, the role of victim as a form of status."

"We are, within this hierarchy, persecuted prophets, ever attesting to the harm that white racism does to us and pointing to a future context in which our persecutors will be redeemed of the sin of having leveled that harm upon us. We are noble in our suffering."Writes John McWhorter in "What the Jussie Smollett Story Reveals/It shows a peculiar aspect of 21st-century America: victimhood chic" (The Atlantic).What is "this eschatological configuration"? The antecedent sentence is:Racial politics ...
Tags: Law, Abc, Wikipedia, America, Atlantic, Language, Angela Davis, Jussie Smollett, Don, Buckley, Robin Roberts, William F Buckley, John McWhorter, Smollett, Ann Althouse, Racial Politics


Wednesday round-up

This morning, in Mission Product Holdings Inc. v. Tempnology LLC, the justices will consider whether a trademark licensee retains any rights under a licensing agreement when the licensor goes bankrupt. Ronald Mann previewed the case for this blog. Cecelia Bruni and Brady Plastaras have a preview at Cornell Law School’s Legal Information Institute. Yesterday the court released additional orders from Friday’s conference, adding an important Clean Water Act case to their docket for next term and in...
Tags: Texas, Mississippi, Maryland, Supreme Court, Law, Kentucky, Court, Cnn, Atlantic, New York Times, Epa, Flowers, Ruth Bader Ginsburg, American Legion, Trump, Round-up


Tuesday round-up

This morning the justices will return from a four-week break to hear oral argument in Return Mail Inc. v. United States Postal Service, in which they will consider whether the federal government can challenge patents under the America Invents Act. Ronald Mann previewed the case for this blog. Garion Liberti and Tayler Woelcke have a preview at Cornell Law School’s Legal Information Institute. Subscript Law offers a graphic explainer for the case. First Mondays (podcast) previews both of this wee...
Tags: New York, Supreme Court, Law, America, Georgia, Atlantic, Ford, New York Times, Npr, Louisiana, Donald Trump, Ruth Bader Ginsburg, Economist, Trump, Round-up, United States Postal Service


First, a medical emergency — and then CPS takes your child

Diane Redleaf led a symposium at Cato Unbound in November in which I participated (more here and here) on the formidable power of Child Protective Services. And now The Atlantic has published an article in which Redleaf explores some of themes of her newly published book They Took the Kids Last Night: How the Child Protection System Puts Families at Risk. Not surprisingly, there are horror stories galore: After detecting a second possible rib fracture, Texas CPS authorities demanded that the fa...
Tags: Texas, Law, Uncategorized, Atlantic, States, Cps, Child Protective Services, Redleaf, Diane Redleaf


"Not only the fact that this president is not qualified to be the president, but the fact that both parties are consistently not doing what’s necessary on behalf of the American people and are engaged, every single day, in revenge politics..."

Said Howard Schultz, quoted in "Ex–Starbucks CEO Could Get Trump Re-elected/Howard Schultz thinks politics are broken, and may run for president as an independent. Democrats think that’s a terrible idea" (The Atlantic), which begins: "Before there was Jill Stein, there was Ralph Nader. Before there was Nader, there was Ross Perot. None won. All argued that the Republican Party and the Democratic Party were basically the same, and the only way to make real change was to ditch them both. Each was ...
Tags: Law, Atlantic, Howard Schultz, Starbucks, Republican Party, Ralph Nader, Democratic Party, Nader, Jill Stein, Ann Althouse, Trump Re, 2020 Campaign, Ross Perot None


"If you smile at me, I will understand/'Cause that is something everybody everywhere does in the same language...."

There's an old hippie lyric about understanding that — ironically — can't be understood anymore.CORRECTION: I had the lyric in the post title miswritten — now corrected — because I'd copied and pasted it from this old post:"[I]n countries like Germany, Switzerland, China, and Malaysia, smiling faces were rated as significantly more intelligent than non-smiling people.""But in Japan, India, Iran, South Korea, and... Russia, the smiling faces were considered significantly less intelligent.... In c...
Tags: Law, Russia, India, Atlantic, Malaysia, Maldives, David Crosby, Meade, Things Not Believed, Ann Althouse, Misreadings, Covington Catholic boys, Germany Switzerland China, Japan India Iran South Korea, India Argentina


"Modern parents haven’t stopped playing favorites; they’ve just stopped doing it openly."

"Though few parents today will admit they have a favorite child, studies indicate that about two-thirds of parents do. In one small but astounding survey, 80 percent of mothers acknowledged favoring one child over the others. This was no secret to their children, 80 percent of whom agreed. Interestingly, however, when they were asked which child their mother loved most, they almost always got it wrong. Similar results are borne out in larger studies: Two-thirds of children accurately perceive th...
Tags: Japan, Children, Law, Relationships, Atlantic, Language, Motherhood, Rice, Ann Althouse, Insults, Jennifer Traig


Some weary sighers and defeated shruggers are telling The Atlantic that only a shocking disaster can end the shutdown.

I'm reading "Waiting for a Shutdown to End in Disaster/Aides on Capitol Hill fear that a dramatic government failure may be the only thing to force President Trump and the Democrats back to the table", from McKay Coppins:The basic theory—explained to me between weary sighs and defeated shrugs—goes like this: Washington is at an impasse that looks increasingly unbreakable.... For a deal to shake loose in this environment, it may require a failure of government so dramatic, so shocking, as to galv...
Tags: Law, Washington, Atlantic, Fox News, Capitol Hill, Trump, McKay Coppins, Trump White House, Pessimism, Ann Althouse, Trump's new Congress, Trump's shutdown


"The Clemency Process Is Broken. Trump Can Fix It."

The title of this post is the title of this notable new Atlantic commentary authored by Rachel Barkow, Mark Holden and Mark Osler.  Here are excerpts: It took six years of intense wrangling to get the First Step Act passed. Clemency reform, however, requires the action of only one man. The president can act alone to fix what Congress did not. ​Even the First Step Act’s primary nemesis, Republican Senator Tom Cotton, has acknowledged a role for clemency, saying as part of his attack on the legis...
Tags: Law, Obama, Congress, White House, Kanye West, Atlantic, Department Of Justice, South Carolina, Tom Cotton, Willie Horton, Douglas A Berman, Weldon Angelos, Prez Trump, Mark Osler, Alice Johnson Prez Trump, Rachel Barkow Mark Holden


Schools and childhood roundup

“It also highlights the shortcomings of federal education [privacy] laws that protect even admitted killers like [the Parkland, Florida school gunman] who are no longer students.” [Brittany Wallman, Megan O’Matz and Paula McMahon, South Florida Sun Sentinel] Germany forbids homeschooling and the European Court of Human Rights has just upheld the removal of four children from their parents’ home over the issue [BBC] Is there a constitutional right to homeschool in the U.S.? [Eugene Volokh] ...
Tags: Texas, Law, Washington Post, Germany, Uncategorized, Bbc, Atlantic, Schools, European Court Of Human Rights, Rhode Island, San Antonio, Trump, U S Supreme Court, Rodriguez, Eugene Volokh, Lenore Skenazy


Federal workers must show up and can't strike even when not paid in Trump's Shutdown

Did you know all those hundreds of thousands of U.S. government workers who aren't getting paid during Trump's 18-days-and-counting shutdown still have to show up for work, even if they are not getting paid? Hard to believe, right? But true. U.S. law says public employees are not allowed to go on strike. Federal workers are forced into what one union leader called “involuntary servitude” during the ongoing government shutdown. Here's an excerpt from an Atlantic explainer on the law behind this...
Tags: Post, News, Law, Atlantic, Arkansas, Donald Trump, Workers Rights, Shutdown, Young, Trump, Federal Bureau of Prisons, Coast Guard, Eric Young, TrumpShutdown


"Why Aren’t Democratic Governors Pardoning More Prisoners?"

The question in the title of this post is the headline of this notable new piece in The Atlantic by Matt Ford. The subtitle adds "It's one of the most effective tools for reducing mass incarceration, but few are taking advantage of it."  Here are excerpts: Governors in most states have the power to pardon or commute sentences, either at their sole discretion or with some level of input from a commission. Since most convictions occur at the state level, some governors can wield even greater infl...
Tags: Florida, New York, Law, California, Atlantic, Wisconsin, Scott Walker, Arnold Schwarzenegger, New Mexico, Republican Party, Andrew Cuomo, Cuomo, Susana Martinez, Brown, Rick Scott, Gray Davis


Thursday Thinkpiece: Truth and Conviction–Donald Marshall Jr. and the Mi’kmaw Quest for Justice

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. Truth and Conviction: Donald Marshall Jr. and the Mi’kmaw Quest for Justice L. Jane McMillan is the former Canada Research Chair for Indigenous Peoples and Sustainable Communities and chair of the Departm...
Tags: Supreme Court, Law, Canada, Atlantic, Nova Scotia, Halifax, Donald, Marshall, Simon, Fisheries, Bernard, Supreme Court of Canada, Cape Breton, UBC, McMillan, Chuckie



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