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What Does a Third Act Look Like to You? Retirement?

Retirement. What does that word mean to you? Old or wise, laid back or charging ahead? Playing endless rounds of golf or attending endless board meetings? Retirement has certainly been redefined; we’re working well beyond sixty-five. All we have to do is look to the Supreme Court as a prime example. According to Bloomberg, in an article by David Ingold, the projected age when a justice will leave the Supreme Court is now about eighty-three. That’s a ten-year increase from the 1950s. Wow, that’...
Tags: Supreme Court, Law, Bloomberg, Legal Marketing, David Ingold


Wednesday round-up

Yesterday the court issued two opinions, whittling its remaining cases down to eight. In Espinoza v. Montana Department of Revenue, the court held 5-4 that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi has an analysis at Subscript Law. At NPR, Nina Totenberg and Brian Naylor report that “[t]he court’s...
Tags: Texas, Supreme Court, Law, Montana, Bloomberg, New York Times, Fox News, Npr, Louisiana, Wall Street Journal, Trump, Round-up, National Review, John `` Roberts, The Supreme Court, Roberts


Morning Docket: 06.30.20

* A Long Island gym owner is planning on filing a lawsuit over New York's plans to delay the reopening of gyms. Guess they call it "Strong" Island for a reason... [Long Island Press] * Pinterest has hired outside counsel to investigate allegations of a hostile work environment. [Bloomberg] * The Michigan Attorney General is suing Exxon Mobil and other energy companies over alleged culpability with climate change. [NPR] Booz Allen has been hit with a sex discrimination and retaliation lawsui...
Tags: New York, Pinterest, Law, Uncategorized, Exxon Mobil, Bloomberg, Michigan, Npr, Long Island, Booz Allen, Southern District of New York, Long Island Press, Morning Docket, Michigan Attorney General


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Friday round-up

Sheryl Gay Stolberg reports for The New York Times that “[t]he Trump administration asked the Supreme Court late Thursday to overturn the Affordable Care Act — a move that, if successful, would bring a permanent end to the health insurance program popularly known as Obamacare and wipe out coverage for as many as 23 million Americans.” At ABC News, Devin Dwyer reports that “[t]he administration makes the case in a legal brief filed Thursday in” California v. Texas, “the case brought by 20 Republi...
Tags: Texas, Supreme Court, Law, California, Bloomberg, New York Times, Npr, Usa Today, Abc News, Kevin Johnson, Department Of Homeland Security, Ruth Bader Ginsburg, University Of California, ABA Journal, Trump, Round-up


Thursday round-up

Briefly: David Savage reports for the Los Angeles Times that “[t]he Supreme Court is nearing the end of its term and ready to release major decisions on abortion, religion and the separation of powers.” At Bloomberg Government, Andrew Kreighbaum and Erin Mulvaney report that “[t]ransgender students stand to gain leverage in lawsuits over access to bathrooms and participation in school sports following last week’s U.S. Supreme Court ruling on LGBT workers’ rights.” At the Cato Institute’s Cato a...
Tags: Supreme Court, Law, Lgbt, Bloomberg, Liberty, Department Of Homeland Security, University Of California, Los Angeles Times, Round-up, Lech, U S Supreme Court, Clayton County, Pacific Legal Foundation, David Savage, Regents, DACA


Wednesday round-up

At NBC News (via How Appealing), Julie Moreau reports that last week’s decision in Bostock v. Clayton County, Georgia, in which the court held that federal employment discrimination law protects gay and transgender employees, “which was widely praised by LGBTQ advocates but condemned by social conservatives[,] will likely have broad ramifications that go far beyond employment protections.” At the Duke Center for Firearms Law’s Second Thoughts blog, Darrell Miller looks at the decision’s “implica...
Tags: Supreme Court, Law, Obama, Court, Nbc News, Bloomberg, Lgbtq, Trump, Round-up, Stephens, EEOC, Urban Institute, Rodriguez, Daily Journal, Goldstein Russell, City of San Jose


Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu


Friday round-up

Yesterday the Supreme Court decided another of the term’s most closely watched cases, Department of Homeland Security v. Regents of the University of California, ruling that the government’s decision to terminate the DACA program, which allowed undocumented young people brought to this country as children to apply for protection from deportation, violated the procedural requirements prescribed for administrative agencies. Amy Howe analyzes the opinion for this blog, in a post that was first publ...
Tags: Usa, Texas, Supreme Court, Law, Congress, Court, US, Bloomberg, Joe Biden, Cnn, Atlantic, New York Times, Fox News, Npr, Donald Trump, Ada


Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that “[a]fter just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020.” According to Jessica Gresko at AP, “[i]t is common for people in the job to leave in the summer, when the Supreme Court takes a break, before a presidential election.” For The Washington Post (subscription re...
Tags: Supreme Court, Law, Congress, Washington Post, Court, Bloomberg, Ap, United States, Liberty, New York Times, Philadelphia, Donald Trump, Francisco, DOE, Forest Service, Trump


Morning Docket: 06.16.20

* Michael Bloomberg is requesting that a judge dismiss a lawsuit filed by former campaign staffers alleging that Bloomberg promised the staffers they would have jobs until November. Maybe Bloomberg was just really optimistic about his prospects... [Hill] * Check out this interesting profile of the lawyer who is representing the family of George Floyd. [New Yorker] * Executives at Ebay have been criminally charged for allegedly sending live roaches, spiders, and other nasty items to a couple ...
Tags: Supreme Court, Law, Ebay, Bloomberg, Michael Bloomberg, Peloton, Morning Docket, George Floyd, Peloton Looks


Tuesday round-up

Yesterday the Supreme Court released one of its most eagerly anticipated decisions of the term, holding in Bostock v. Clayton County, Georgia and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that federal employment discrimination law protects gay and transgender employees. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Reuters, Lawrence Hurley reports that “[t]he landmark 6-3 ruling represented the biggest m...
Tags: Texas, Justice, Supreme Court, Law, Congress, California, Washington Post, Virginia, Bloomberg, Cnn, United States, New Jersey, Wisconsin, Npr, Usa Today, Donald Trump


Words, and Black Lives, Matter

In 1977, the Supreme Court of Canada heard the case of Smithers v. R., where two young hockey players who got into it, in and outside of the rink. In the brief altercation that ensued, one of the players died. The other player was charged and convicted of manslaughter. The accused appealed unsuccessfully around the cause of death, which was due to asphyxiation. However, this was not due to any choking, but either the aspiration of foreign materials due to vomiting, and a malfunction of the epigl...
Tags: Law, Court, Bloomberg, Canada, United States, Black, Supreme Court of Canada, Mississauga, Ontario Court of Appeal, R, Smithers, Justice Issues, Substantive Law: Judicial Decisions, Cobby, Court in R, Harbottle


Wednesday round-up

Briefly: Jordan Rubin reports at Bloomberg Law that “[t]he U.S. Justice Department’s determination to resume federal executions after a decade-plus hiatus is back in Supreme Court justices’ hands, with the filing of a petition from death row prisoners challenging the way the government wants to execute them.” For (subscription required), Jess Bravin and Brent Kendall report that the “raft of long-pending appeals asking [the justices] to review a legal doctrine that makes it difficult for many...
Tags: Texas, Supreme Court, Law, Bloomberg, New York Times, Philadelphia, Smith, Black Lives Matter, DOE, Round-up, U S Supreme Court, Fulton, McKesson, Jess Bravin, U S Justice Department, Brent Kendall


Tuesday round-up

Yesterday the court released a unanimous opinion in Lomax v. Ortiz-Marquez, holding that dismissal without prejudice for failure to state a claim counts as a “strike” under the Prison Litigation Reform Act, which limits prisoners’ ability to file lawsuits without paying the filing fees. Margo Schlanger analyzes the opinion for this blog. At Bloomberg Law, Kimberly Robinson reports that the ruling “made it more difficult for prisoners to file suits without having to pay a $400 filing fee, a decis...
Tags: Supreme Court, Law, Bloomberg, California Supreme Court, Courthouse News Service, Round-up, Sonia Sotomayor, Howe, Tim Ryan, Lomax, Mark Walsh, Barr, 11th Circuit, Education Week, Amy Howe, Kimberly Robinson


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Paul Lienert: How Tesla Tapped a Tiny Canadian Lab for Battery Breakthroughs (Source: Reuters) Blake Brittain: Apple, Cisco Get $4.2 Million in Attorneys’ Fees in Patent Case (Source: Bloomberg Law) Atty. Melanie Szweras and Atty. Donald Bocchinfuso: The USPTO’s Fast-Track Patent Program Spurs On COVID-19 Innovations  (Source: Mondaq) David Phelan: New Apple Watch Patent Reveals Super-Cool Future Upgrade  (Source: Forbes) Source: USPTO Commentary and ...
Tags: Law, Bloomberg, Uspto, Patent, Reuters, Paul Lienert, Blake Brittain, Juvan Bonni, USPTO Commentary and Journal Articles, Melanie Szweras, Donald Bocchinfuso, Mondaq David Phelan, Anthony Trippe, Forbes Prof Amy L Landers, Michael A Carrier


Tuesday round-up

At AP, Mark Sherman reports that “Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has ‘pierced our illusion of certainty and control’ and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.” At The National Law Journal, Tony Mauro reports that in a video posted on the school’s website on Saturday, Roberts called the crisis “‘the world’s way of saying to mankind, “you’re not in charge.”’”...
Tags: Supreme Court, Law, Washington, Politico, Court, Bloomberg, Ap, Sierra Club, Southern California, Trump, Round-up, Thomas, Mark Sherman, U S Supreme Court, John Roberts, Wildlife Service


More mentions on Overlawyered’s adjournment

The nicest single thing anyone says about me this week might turn out to be from Bob Ambrogi at Legal Sites: “Let’s retire jersey number one.” Thanks! Or it might be one of the kind things Scott Greenfield says here. Here’s what I wrote in response to Scott: Thank you for those kind words. As you guessed, my choice of “adjourned” was mostly because of its legal flavor, but also signaled that I’m not retiring or going away. I like blogging! I continue to post at the group blog Cato at Liberty an...
Tags: Maryland, Law, Uncategorized, Bloomberg, About the site, Scott, Eugene Volokh, Bob Ambrogi, Scott Greenfield, Accolades, Steve Bainbridge


Tuesday round-up

Yesterday the court issued a unanimous opinion in Opati v. Sudan, holding that the current version of the terrorism exception to the Foreign Sovereign Immunities Act allows punitive damages for preenactment conduct. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. At Bloomberg Law, Kimberly Robinson reports that the ruling “revived a $4.3 billion punitive damage award against Sudan related to the twin al Qaeda bombings of U.S. embassies in East Afr...
Tags: Supreme Court, Law, Washington Post, Bloomberg, House, Arizona, Wisconsin, Sudan, Npr, Times, Ruth Bader Ginsburg, Justice Department, Trump, Round-up, East Africa, Lyle Denniston


An overview of federal compassionate release issues during this pandemic

As regular readers know, in lots of posts since enactment of the FIRST STEP Act, and especially since federal prisons started dealing with the current urgency of a global pandemic, I have made much of a key provision allowing federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons.  Unsurprisingly, as the number of motions and rulings around this provision increase...
Tags: Law, Congress, Bloomberg, Seattle, Martinez, Third Circuit, Southern District of New York, Matthew Stiegler, Jed S Rakoff, U S Bureau of Prisons, Bureau of Prisons, Douglas A Berman, Bloomberg Law, Rakoff, Ricardo S Martinez, Bureau of Prisons Unsurprisingly


After DC Circuit denies en banc review, wondering what might be next for litigation over federal lethal injection plans

As reported in this Bloomberg News piece, headlined "D.C. Circuit Won’t Reconsider President Trump’s Execution Win," on Friday "President Donald Trump and Attorney General William Barr got one step closer in their quest to resume federal executions, as a full panel at the U.S. Court of Appeals in Washington has declined to reconsider last month’s three-judge panel ruling in the government’s favor."  The DC Circuit order, available here, was unanimous with only Judge Tatel adding this statement: ...
Tags: Supreme Court, Law, Scotus, Washington, Bloomberg, Donald Trump, Doj, Justice Department, US supreme court, Trump, Bloomberg News, Alito, U S Court of Appeals, Barr, AG Barr, Roane


Friday round-up

Yesterday the court issued a unanimous decision in trademark case Lucky Brand Dungarees v. Marcel Fashions Group, holding that because Marcel is raising claims it did not raise in a previous suit between the parties, Lucky Brand is not precluded from raising new defenses. Megan La Belle analyzes the opinion for this blog. For (subscription required), Brent Kendall and Jess Bravin cover Wednesday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether t...
Tags: Google, New York, Texas, Supreme Court, Law, California, Washington, America, Bloomberg, New York Times, Ruth Bader Ginsburg, Trump, Round-up, Lucky Brand, Sonia Sotomayor, Josh Blackman


Thursday round-up

Amy Howe analyzes yesterday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots, for this blog, in post that first appeared at Howe on the Court. Ariane de Vogue reports at CNN that “[b]y the end of arguments, some justices seemed prepared to reject arguments from lawyers for so-called faithless ele...
Tags: New York, Supreme Court, Law, Washington Post, Washington, Nbc News, Bloomberg, Cnn, Npr, Republican, Vox, ABA Journal, Trump, Round-up, John Roberts, Josh Blackman


Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma


Monday round-up

This morning the justices will begin the last week of oral arguments for October Term 2019 with telephonic arguments in two cases. The first is McGirt v. Oklahoma, which asks whether Oklahoma had jurisdiction to prosecute a crime committed by a member of the Seminole Tribe within the historical boundaries of the Creek Indian reservation in eastern Oklahoma. Ronald Mann previewed the case for this blog. Philip Duggan and Robert Reese Oñate have a preview at Cornell Law School’s Legal Information ...
Tags: Supreme Court, Law, Washington Post, Los Angeles, Bloomberg, Cnn, United States, New Jersey, Oklahoma, Usa Today, Donald Trump, Los Angeles Times, Cornell, Trump, Round-up, Reuters


"Scrutiny of Social-Distance Policing as 35 of 40 Arrested Are Black/Mayor Bill de Blasio said the police had enforced rules properly..."

"... but other officials expressed concern about tactics similar to unfair 'stop and frisk' practices" (NYT)("Of those arrested, 35 people were black, four were Hispanic and one was white").Mayor Bill de Blasio, who has long denounced the unconstitutional “stop and frisk” practices of the Bloomberg administration, has found himself in recent days forced to explain why enforcement of social distancing in predominantly minority neighborhoods is different than “stop and frisk.”...“What happened wit...
Tags: Guns, Law, NYC, Bloomberg, Bill De Blasio, Racial Profiling, De Blasio, Ann Althouse, Coronavirus


Thursday round-up

Amy Howe analyzes yesterday’s argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, a challenge to the government’s expansion of the “conscience exemption” to the Affordable Care Act’s birth-control mandate, for this blog, in a post that first appeared at Howe on the Court. At Fox News, Bill Mears and Ronn Blitzer report that “[a]t issue before the court Wednesday were challenges to Trump administration rules making it easier for some for-profit companies and religio...
Tags: Supreme Court, Law, Politico, Court, Nbc News, America, Georgia, Bloomberg, Cnn, Pennsylvania, Fox News, Epa, Npr, Vox, Donald Trump, Ruth Bader Ginsburg


Tuesday round-up

On this second day of this unusual May session, the justices will hear – literally, only hear – oral argument in USAID v. Alliance for Open Society International, a First Amendment challenge to the enforcement against overseas groups of a requirement that recipients of federal funds to fight HIV/AIDS abroad have a policy opposing prostitution and sex trafficking. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Kayla Anderson and Prachee Sawant preview the case for Co...
Tags: Usa, Texas, Supreme Court, Law, Washington Post, Bloomberg, Pennsylvania, New Orleans, Fox News, Npr, Louisiana, Usaid, Irs, Round-up, Thomas, Peter


Thursday round-up

Court-watchers and advocates are gearing up for next week’s unprecedented telephonic Supreme Court arguments. For USA Today, Richard Wolf reports that “[f]or a court that clings to tradition more than the British monarchy – where male government lawyers wear morning coats, quill pens pass for souvenirs and e-mail has increased only because of social distancing – its choice of telephonic hearings[, to begin on Monday,] came as a surprise to many.” At Bloomberg Law, Jordan Rubin and Kimberly Robin...
Tags: Supreme Court, Law, Congress, Oregon, Court, Georgia, Bloomberg, Pennsylvania, United States, Louisiana, Usa Today, The Washington Post, Justice Department, Trump, Round-up, Robert Barnes



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