June 05, 2018 | National Law Journal
In 'Masterpiece' Case, Why Did SCOTUS Snub Wedding Cakes as Art?Justice Anthony Kennedy, who prides himself on his First Amendment views, made short shrift of the cake-as-art argument: “The free speech aspect of this case is difficult, for few persons who have seen a beautiful wedding cake might have thought of its creation as an exercise of protected speech.”
By Tony Mauro
2 minute read
June 04, 2018 | National Law Journal
Judiciary's Proposed Reforms Confront 'Power Disparities' Between Judges, EmployeesMisconduct in the federal courts is more than "isolated," a judiciary working group reports. “Of the inappropriate behavior that does occur, incivility, disrespect, or crude behavior are more common than sexual harassment,” the report, released Monday, stated.
By Tony Mauro | Marcia Coyle
5 minute read
June 04, 2018 | The Recorder
Judiciary's Proposed Reforms Confront 'Power Disparities' Between Judges, Employees“Of the inappropriate behavior that does occur, incivility, disrespect, or crude behavior are more common than sexual harassment,” said the report of a nine-member working group created in the aftermath of revelations about Ninth Circuit Judge Alex Kozinski and his inappropriate conduct with law clerks.
By Mike Scarcella
2 minute read
June 04, 2018 | National Law Journal
Justices Rule for Colorado Baker Who Refused to Make a Cake for Gay Wedding"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the state's obligation of religious neutrality," Kennedy wrote for the 7-2 court.
By Marcia Coyle | Tony Mauro
6 minute read
June 04, 2018 | National Law Journal
Veteran SCOTUS Advocate Allyson Ho Jumps to Gibson Dunn From Morgan LewisA former clerk to U.S. Supreme Court Justice Sandra Day O'Connor, Ho has argued four cases before the high court. Ho joins Gibson Dunn's Dallas office, where her husband, James Ho, recently was a partner before his confirmation to the Fifth Circuit.
By Tony Mauro
2 minute read
May 31, 2018 | National Law Journal
Trump Denies 'Inciting' This Kentucky Rally. An Appeals Court Will Hear His CaseJones Day's Michael Carvin, representing Donald Trump, will argue next week in the Sixth Circuit. Central to the case is the landmark 1969 U.S. Supreme Court decision Brandenburg v. Ohio, which established that the First Amendment protects speech advocating of the use of force, except when it is aimed at “inciting or producing imminent lawless action.”
By Tony Mauro
1 minute read
May 30, 2018 | Supreme Court Brief
John Marshall's Everywhere at SCOTUS | Verrilli's Loyola Speech | No 'Victim' Fees for GEWhy is John Marshall such a popular guy at the Marble Palace? And: Donald Verrilli Jr. offered his observations on the Trump administration in a recent commencement address. Plus a whole lot more in the latest Supreme Court Brief. Thanks for reading!
By Tony Mauro | Marcia Coyle
10 minute read
May 30, 2018 | National Law Journal
The Mystery Behind the Supreme Court's Dismissal of a Pending CaseJustice Neil Gorsuch's recusal made it possible that the court was divided 4-4 on the outcome in City of Hays v. Vogt—which sometimes has led the court to dismiss cases. The high court sometimes explains its reasons for dismissing a case, but not this time.
By Tony Mauro
5 minute read
May 28, 2018 | Litigation Daily
Litigator of the Week: For Paul Clement, Jumping into a SCOTUS Case at the Last Minute is “What We Do”The former George W. Bush-era solicitor general prides himself and his appellate team at Kirkland & Ellis on being able to climb aboard fast-moving Supreme Court cases at the last minute.
By Tony Mauro
4 minute read
May 25, 2018 | National Law Journal
From Convict to Counsel: Clearing the Hurdles to PracticeA group of law students, professors and formerly incarcerated attorneys say it's time to rethink the character and fitness review process.
By Karen Sloan and Tony Mauro
11 minute read