Posts filtered by tags:


Morning Docket: 02.20.19

* Hail Mary pass interference? President Donald Trump reportedly asked then-acting AG Matthew Whitaker if U.S. Attorney Geoffrey Berman (S.D.N.Y.) -- a "perceived loyalist" -- could be put in charge of the Michael Cohen probe even though he'd already recused himself. [New York Times] * Chief Justice John Roberts once again sided with the Supreme Court’s liberals in refusing to agree with a Texas court’s decision to execute a death row inmate with intellectual disabilities, writing that the lowe...
Tags: Texas, Technology, Supreme Court, Law, Washington Post, Finance, Government, IPOs, Copyright, New York Times, Courts, Capital punishment, Pornography, Intellectual Property, Emoji, Donald Trump

Matthew Whitaker Apparently Only Owns One Tie

It's so lucky he commits all his blunders in it.
Tags: Law, Government, Matthew Whitaker

Acting AG Whitaker makes the case that "law enforcement works"

Today in Washington, DC, Acting Attorney General Matthew Whitaker delivered these remarks to the National Sheriffs’ Association’s Winter Conference. The structure and specifics of what he had to say is quite similar to the message delivered by former AG Jeff Sessions in similar settings in years past, and here are notable excerpts speaking to federal enforcement efforts: In the last fiscal year, the Justice Department charged the greatest number of violent crime defendants since we started to t...
Tags: Law, Cdc, Washington, America, Fbi, Department Of Justice, Justice Department, Matthew Whitaker, Douglas A Berman, National Sheriffs ' Association, AG Jeff Sessions, AG Whitaker

Morning Docket: 02.08.19

* Earlier this week, Justice Samuel Alito blocked a Louisiana abortion law, and now a divided Supreme Court has done the same, with Chief Justice John Roberts joining with the Court's liberals to protect women's right to choose without undue burdens. Justice Brett Kavanaugh penned the dissent -- so much for "precedent on precedent." [USA Today] * After some back and forth over the threat of a subpoena, Acting Attorney General Matt Whitaker has agreed to testify publicly on the Mueller probe bef...
Tags: New York, Supreme Court, Law, Washington Post, Court, Cnn, Abortion, Federal Judges, Louisiana, Usa Today, Donald Trump, Rudy Giuliani, Law Schools, Tax Law, Defamation, Trump

What remedies can those trapped without heat and light in Brooklyn's Metropolitan Detention Center secure through their lawsuit?

I am so very relieved to hear that the awful situation that developed last week at Brooklyn's Metropolitan Detention Center seems to be getting (somewhat) resolved, and so now I am wondering about what might result from the resulting litigation.  This NBC News piece provides the ugly background: When the sun goes down, one inmate can't read the labels on his heart medication, he said. Another inmate said he was brought to tears in fear that no one will notice if he suffers an asthma attack.  "I...
Tags: New York, Law, Nbc News, Brooklyn, Andrew Cuomo, Kirsten Gillibrand, Cuomo, Sunset Park, U S Department of Justice, Federal Bureau of Prisons, Patton, Crohn, Matthew Whitaker, Eastern District of New York, Metropolitan Detention Center, Gillibrand

SCOTUS Declines To Rule On Matthew Whitaker’s Appointment As Acting Attorney General

CNBC: In an unusual maneuver, Goldstein also used the case to raise the question of whether Trump’s acting attorney general, Matthew Whitaker, was constitutionally appointed. Trump appointed Whitaker in November after forcing out Jeff Sessions. Critics immediately pounced on the appointment, arguing that it was unlawful because Whitaker had not been confirmed by the Senate to the post he held at the time of his elevation to acting attorney general. Goldstein made his client’s gun rights case int...
Tags: Supreme Court, Senate, Court, Military, Gun Control, Cnbc, Trump, Whitaker, AG, Matthew Whitaker, Goldstein, Rod Rosenstein, Barry Michaels

Tuesday round-up

This morning the justices will hear oral argument in two cases. The first is Home Depot U.S.A. Inc. v. Jackson, which involves the ability of a third-party class-action defendant to remove a counterclaim from state court to federal court. Ronald Mann previewed the case for this blog. Basem Besada and Isaac Idicula have a preview for Cornell Law School’s Legal Information Institute, and Subscript Law provides a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute ...
Tags: Supreme Court, Law, California, Washington Post, Tennessee, Jackson, Securities And Exchange Commission, Round-up, Whitaker, Robert Barnes, Blair, Michaels, Howe, Carpenter, Department of Health and Human Services, Henry Schein Inc

No action on blockbuster cases

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most significant for what it did not do: The justices did not act on a long list of high-profile cases that they considered last week, involving everything from abortion to the Trump administration’s ban on service...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, New York City, Indiana, United States, Lgbtq, White, Trump, U S Supreme Court, Toshiba Corp, Moore, Michaels, Howe

Morning Docket: 12.24.18

* How awesome is Ruth Bader Ginsburg? The Supreme Court justice had two cancerous growths removed from her left lung on Friday and voted from her hospital bed to reject Trump's asylum ban. Nothing can keep her down. [NBC News] * Acting AG Matt Whitaker is getting to know the President in the same way his predecessor did. Word on the street is that Trump was royally pissed that Whitaker allowed federal prosecutors to make him look bad in Michael Cohen's criminal case. [CNN] * Just because the g...
Tags: Crime, Supreme Court, Law, Nbc News, Courts, Donald Trump, Ruth Bader Ginsburg, Government Shutdown, Law Schools, Trump, Whitaker, Michael Cohen, Southern District of New York, Austin American Statesman, Matthew Whitaker, Federal Courts

Morning Docket: 12.21.18

* In completely unshocking news, despite advice from ethics officials, Acting Attorney General and former Tight End Matthew Whitaker has refused to recuse himself from oversight of special counsel Robert Mueller's Russian election interference probe. [USA Today] * Corporate clients are trying to control their spending, and that means more and more Biglaw firms are having trouble collecting on their year-end bills, such that "on average [a firm] can lose 20 percent of its original billing amount...
Tags: Television, Law, New Jersey, Survivor, Usa Today, Law Schools, Biglaw, Legal Ethics, Collections, Billing, New Jersey Law Journal, Seton Hall University School of Law, Matthew Whitaker, Nick Wilson, Rutgers Law School, Robert Mueller

OT2018 #12: “Inconceivable!”

It’s an off week for the Supreme Court, so we’ve got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts with Leah Litman. Anne Joseph O’Connell joins us to discuss the appointment of Acting Attorney General Matthew Whitaker, and Richard Primus gives us the lowdown on different methods of constitutional interpretation. The post OT2018 #12: “Inconceivable!” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Matthew Whitaker, Kate Shaw, Richard Primus, First Mondays, Leah Litman Anne Joseph O Connell

The Appointments Clause and the acting AG

What are the implications of the Constitution’s Appointments Clause for the tenure of acting attorney general Matthew Whitaker? Thomas Berry, recently a legal associate at the Cato Institute and now at the Pacific Legal Foundation, takes up the question in the Yale Journal of Regulation. More: Michael Rappaport; and earlier at Overlawyered on other Appointments Clause controversies. Tags: constitutional law, Department of Justice
Tags: Law, Uncategorized, Department Of Justice, Constitutional Law, Cato Institute, AG, Pacific Legal Foundation, Yale Journal, Matthew Whitaker, Thomas Berry, Michael Rappaport

Let’s Take A Closer Look At Purported Attorney General Matthew Whitaker’s Super Sketchy Finances

No Trump Administration official’s financial snapshot would be complete without some campaign finance violations.
Tags: Law, Finance, Finances, Campaign Finance, Matthew Whitaker, Trump Administration, Jonathan Wolf, Hatch Act, World Patent Marketing, Foundation for Accountability & Civic Trust (FACT

Matthew Whitaker Applied To Be A Judge With A Ridiculous Collection Of Nonsense And Football

The Acting AG tried to get on the Iowa Supreme Court. He didn't make it and this application shows why.
Tags: Law, Government, Football, Sports, Department Of Justice, Iowa Supreme Court, Matthew Whitaker, Acting AG

Wednesday round-up

At Education Week’s School Law Blog, Mark Walsh reports that in Doe v. Boyertown Area School District, “[a] group of Pennsylvania high school students has appealed to the U.S. Supreme Court a lower-court ruling that upheld a school district’s policy of permitting transgender students to use restrooms or locker rooms consistent with their gender identity.” At ThinkProgress, Zack Ford notes that “[t]he Supreme Court is now being asked to consider five different cases related to LGBTQ rights this s...
Tags: Supreme Court, Law, Congress, America, Pennsylvania, Oklahoma, DOE, Economist, Round-up, U S Supreme Court, Murphy, Whitaker, Michaels, Carpenter, Steven Mazie, Mark Walsh

Monday round-up

The Supreme Court added two cases to its docket on Friday, including In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to include a question about citizenship on the 2020 census form; the court scheduled oral argument in the case for February 19, 2019. Amy Howe covers the order list for this blog, in a post that was first published at Howe on the Court. At Bloomberg, Greg Stohr reports that “[t]he justices will consider the Trump administ...
Tags: Usa, New York, Supreme Court, Law, Congress, Washington Post, Commerce, New York Times, Npr, Kevin Johnson, Justice Department, US supreme court, Trump, Round-up, Lyle Denniston, Whitaker

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilitie...
Tags: Facebook, Law, Senate, Social Media, Department Of Justice, Bruce Macewen, Josh Blackman, Hill, Florida Supreme Court, Glenn Reynolds, Instapundit, Federalist Society, John Browning, Don Willett, Eugene Volokh, Matthew Whitaker

Whitaker appointment dispute reaches Supreme Court

Since the moment President Donald Trump appointed Matthew Whitaker as Acting Attorney General on Wednesday, November 7, the move has been met with significant political and legal criticism, with numerous lawyers and commentators arguing that the president lacked both statutory and constitutional authority to name Whitaker—previously chief of staff to Attorney General Jeff Sessions—as Sessions’ interim successor. That argument may soon receive a conclusive resolution, thanks to an unusual filed...
Tags: Florida, Featured, Supreme Court, Law, Senate, Court, Department Of Justice, Donald Trump, Whitaker, Michaels, Jeff Sessions, Mueller, Matthew Whitaker, Tom Goldstein, Goldstein Russell, Robert Mueller

November 14 roundup

Police show up to enforce gun confiscation order against Maryland man under new “red flag” law, he brandishes weapon, they shoot him dead [Leah Crawley and Ashley Barnett, Fox Baltimore; Colin Campbell, Baltimore Sun] Claim: “The Kavanaugh debacle cost the Democrats the Senate” [Marc Thiessen] If I cheer for Neomi Rao is it going to hurt her confirmation chances? [Jesus Rodriguez, Politico on nomination of OIRA head for Kavanaugh seat on D.C. Circuit] “Please conduct yourself accordingly”: Ma...
Tags: Maryland, Guns, Supreme Court, Law, Senate, Court, Uncategorized, Uspto, Siberia, Patent Law, Frank, Mike Masnick, Whitaker, D.C. Circuit, Patent Office, Third Circuit

Stopping The Patent Scams

We as IP lawyers should be more vocal in calling out patent scams, which means reporting abusive practices when we encounter them.
Tags: Law, Patents, Intellectual Property, Matthew Whitaker, Gaston Kroub, World Patent Marketing

OT2018 #7: “Now Who’s the Legal Realist?”

If you were hoping that the Supreme Court news cycle would slow down, you’re going to be disappointed this week — there’s a lot to talk about! Will and Dan catch you up on Justice Ruth Bader Ginsburg’s health scare, Justice Brett Kavanaugh’s investiture, a couple of interesting requests for additional briefing in recently argued cases, some intriguing new cert grants, lots of activity on the “shadow docket,” and more. And — oh yeah — there’s also the end of the November argument session to recap...
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Dan, Matthew Whitaker, Brett Kavanaugh, First Mondays

Interesting talk of prison reform amidst talk of Chris Christie as possible Attorney General replacement

This new CNN article includes lots of interest for federal criminal justice reform fans under the headline "Trump considering Christie, Bondi for attorney general." Here are excerpts: President Donald Trump is considering former New Jersey Gov. Chris Christie and Florida Attorney General Pam Bondi to replace fired Attorney General Jeff Sessions, sources familiar with the matter said. Trump fired Sessions on Wednesday without immediately naming a replacement, instead installing Sessions' chief o...
Tags: Florida, Chris Christie, Texas, Law, Abc, White House, US, Cnn, New Jersey, University Of Chicago, Donald Trump, Justice Department, South Carolina, Bondi, Trump, Christie

A “view” from the courtroom: The investiture of Justice Brett Kavanaugh

Today the Supreme Court held an investiture ceremony for Justice Brett Kavanaugh. Kavanaugh took the oath of office on October 6, shortly after he was confirmed, and he began to participate in the Supreme Court’s cases two days later, so this morning’s six-minute ceremony is largely a formality, at which the court will officially receive Kavanaugh’s commission; the ceremony, which is followed by a reception, also gives Kavanaugh a chance to celebrate with his family, friends and colleagues. It h...
Tags: Transportation, Featured, Supreme Court, Law, Washington, Senate, White House, Barack Obama, Bloomberg, United States, Mitch McConnell, Donald Trump, Ruth Bader Ginsburg, Kennedy, Sanders, John Roberts

Whitaker on Patent Marketing

by Dennis Crouch Following up on the patent experience of US Attorney General Matthew Whitaker.  Although not a patent attorney, Whitaker has been a board member of the now defunct invention promotion scam World Patent Marketing.  In 2017, the Federal Trade Commission (FTC) filed suit against the company, won a preliminary injunction against its ongoing business, and then a consent decree for $27 million in judgments and injunction against ongoing business.  (Apparently at least $24 million is g...
Tags: Law, Court, US, United States, Iowa, Quinn, Patent, Ftc, Board, Whitaker, AG, Federal Trade Commission FTC, Matthew Whitaker, Dennis Crouch, Gene Quinn, Darrin P Gayles

March - 2019
April - 2019
May - 2019