WVU Hires Former Harvard Law Student

.... as the Wide Receivers Coach.

Hon. M. Blane Michael Passes

M. Blane Michael, a judge on the U.S. Court of Appeals for the 4th Circuit, has passed away. From the Washington Post:

Michael served as special counsel during [now-senator] Rockefeller’s first term as governor from 1977 to 1980.

Rockefeller, D-W.Va., called Michael “my dearest friend and confidant.”

“Unvarnished in his honesty, uncanny in his humor and unequaled in his humility, Blane was a formidable presence of the federal bench, with a moral and intellectual compass set hard for justice,” Rockefeller said in a statement. “He was a brilliant judge who never took for granted the power and the responsibility of deciding the cases that impacted people’s lives or righted serious wrongs.”

Michael was born in Charleston, S.C., but grew up in Grant County, W.Va. He graduated from West Virginia University in 1965 and received his law degree from New York University School of Law three years later.

Michael worked at a private practice in New York City, then served as an assistant U.S. attorney for the Southern District of New York in 1971 and 1972. After that, he returned to West Virginia, where he worked as an attorney until going to work for Rockefeller.

“I will be forever fortunate to call him my dearest friend and confidant — the kind you just trust to his very core and whose deep, easy companionship abides with you for a lifetime,” Rockefeller said.

After returning to private practice, Michael served as campaign manager for the late U.S. Sen. Robert C. Byrd. Michael was nominated by President Bill Clinton and confirmed to the 4th Circuit in Richmond on Oct. 1, 1993.

"Six" Nominated to the 10th Circuit

President Obama nominates Former Kansas Attorney General Steve Six to a seat on the 10th Circuit vacated by new Pepperdine Law Dean, Deanell Tacha.

"No Jokes, Judge"

From the ABA Journal:

A lawyer for West Publishing didn’t see the humor when a federal judge hearing a motion to set aside a nearly $5.2 million defamation verdict tried to lighten the proceedings.

New York lawyer James Rittinger is asking the judge to overturn or reduce the award to two law professors who said they were defamed when West identified them as the authors of a pocket part that was written by a first-year lawyer. The Legal Intelligencer covered the arguments.

The senior federal judge, John Fullam, “is known for an especially dry wit and a deadpan delivery,” the Intelligencer says.

When Rittinger said the professors didn’t have “a single case” to back up one of their arguments, Fullam asked, “What about married cases?” When Rittinger objected to the size of a punitive award, Fullam asked, “You think it should be increased?"

Rittinger explained that he got the joke when the judge tried to explain the first question, according to the Intelligencer account. The lawyer gave a straightforward answer to the second question, saying, no, the award should not be increased. Later, he told the judge what he thought of his humor.

"Judge, you know, I guess it's funny, but it's not funny to me. It was a shock, and it should not have happened. So it is not a joking matter to the West Corporation," Rittinger said.

The plaintiffs in the suit are University of Pennsylvania law professor David Rudovsky and Widener law professor Leonard Sosnov.

Check out the article.

Justice Thomas -- Law Prof.

Justice Thomas drops in to teach Contracts for Dean Maggs at GW Law.

The Wrath of Scalia

(Scalia, J., dissenting).

Sen. Rockefeller Urges NFL to Open Books

From Sports Illustrated:

The chairman of the Senate Commerce Committee is urging NFL owners to open their financial books to the players union, arguing that will help resolve a labor dispute that is threatening next season's games.

"Reluctantly, I have come to the conclusion that the only way to sort out this stalemate is for the owners and the league to answer the biggest sticking point: money," Sen. Jay Rockefeller wrote in a Washington Post opinion column on Friday. "What I'd like to see from NFL Commissioner Roger Goodell and the owners is a simple display of good faith: Show the union your books. Don't keep secrets. If there are financial pressures that keep you from agreeing to the revenue-sharing plan proposed by the players, let's see the proof."

Rockefeller, D-W.Va., suggested that a neutral third party review the financial data, remove anything sensitive and prepare an assessment of the league's finances.

The NFL declined to comment on Rockefeller's suggestion, citing a request by federal mediator George Cohen that the two sides not discuss negotiations while they're in mediation. Those negotiations are scheduled to resume next week.

Fans can only hope that this helps put an end to the seemingly endless fight over billions of dollars. I can't help but think that most blue collar union employees would want "revenue sharing plans" with their respective employers similar to the one that the players union is so desperately fighting for. Of course, when the median NFL salary is almost 800k per year, it's not hard to understand the fans' growing impatience with the inability of the parties to reach some type of deal before the CBA deadline in a few weeks.

D.O.M.A = Unconstitutional

-- President Obama.

Kung Fu Panda Lawsuit

Boston illustrator sues DreamWorks for stealing his idea.

Cal. Supreme Court to Answer Certified Question on Prop 8

From Law.com:

The California Supreme Court today said it would answer the standing question in the Proposition 8 same-sex marriage appeal at the Ninth Circuit U.S. Court of Appeals.

The justices unanimously agreed to say whether California law allows for ballot initiative proponents to defend the constitutionality of a measure when state officeholders refuse to do so.

The three-judge Ninth Circuit panel — Stephen Reinhardt, Michael Daly Hawkins and N. Randy Smith — sent the certified question to the Supreme Court in January after Reinhardt raised the idea during oral arguments Dec. 6.

The justices agreed to expedite the matter. In a short order, the Supreme Court set a briefing schedule that will allow for oral arguments "as early as" September. The first briefs are due March 14. Responses are due April 4.

Link.

Harvard and Milbank

The push for higher-quality.

Judge Tacha is New Dean at Pepperdine

. . . and the 10th Circuit now has two vacancies.

Congress Grills Zuckerberg

. . . on privacy.

"Cold War" Stalling Judicial Nominations

The landscape's getting worse.

Arenas Gets Served

From Yahoo Sports:

Orlando guard Gilbert Arenas was served with child support and custody papers as he left the court during halftime of the Magic’s loss to Miami on Thursday night. The court documents, obtained by The Associated Press, were a California petition filed by Laura Mendoza Govan. She identified herself as his ex-girlfriend in the documents.

The petition seeks custody and child support for three children that Govan says Arenas fathered and has since “financially cut off.” She is also seeking support for another unborn child, as well as monthly support for the other children. In the petition, she is seeking $109,000 in monthly support payments from Arenas and $1.3 million annually.

At least he still posted good numbers that night.

The Economics of Book Covers

Want to sell more books?

Blackbook Weekend Links

1. Anaheim Ducks hit with anti-semitism lawsuit.

2. Donald Verrilli tapped as new Solictor General.

3. Where's all that BCS money going? Only to a very select few places.

4. Taco Bell products contain only 35% beef? "No," company officials say, it's more like 88%. I don't know whether to feel better or worse about all those late night meals during college.

5. "Glass-gate" -- Apple's new headache.

6. Rahm can run.

Law School in America v. Canada, Eh?

From the McGill Tribune:

The situation in Canada is drastically different, and certainly more promising for prospective students. Much of what ails the American market has been preempted in Canada by an entirely distinct system in which there are both fewer schools and less divergence in terms of academic quality.

"The situation's a lot better in Canada because we have far fewer law schools," says Leeann Beggs, director of career services in the Faculty of Law at Queen's University in Kingston, Ontario. "The likelihood that you're going to get into your profession is very good."

While there are almost 200 American law schools, there are only 20 in Canada, all of which are highly competitive and prestigious. Because they are essentially "all tier one schools," Beggs says, it is very difficult to be admitted, but students can also be assured they will receive a high-quality legal education once they are there. Before passing the bar, law students are expected to article, or work and learn at a law firm in some sort of legal apprenticeship. Furthermore, there seems to be no sort of legal outsourcing being practised in Canada.

"It's pretty tightly controlled who gets access to legal work here," Beggs says.

This is in direct contrast to the hundreds of American law schools, not all of which are accredited—some of which are online—that graduate thousands of new lawyers each year who must then fight for a diminishing number of entry-level jobs. As a result of the Canadian system, recent graduates in this country have a much better chance of gaining the employment they desire. They have already been singled out as the best and the brightest and are competing against a much smaller pool. Some expectations may have to be lowered in terms of starting salaries, says Beggs, but new lawyers should have no problem getting a foot in the door.

Some things are just better in Canada, I guess.

SCOTUS: No Post-Trial Appeal of Summary Judgment Denial

Per Justice Ginsburg today in Ortiz v. Jordan. Logical enough...but will this encourage courts to deny summary judgment in order to avoid appellate review?

iPads for Teachers (and Students)

Monterey College of Law gives iPads to all faculty and students. And all I got for my 160K was a piece of paper with my name on it.