There is a good chance that the Senate will confirm Judge Kavanaugh to the Supreme Court. If that happens, a plurality (at least*) of the Justices will be alums of the D.C. Circuit: Chief Justice Roberts, and Justices Thomas, Ginsburg, and Kavanaugh. This lopsidedness will not be unprecedented. Before his passing, Justice Scalia sat on […]
A couple of weeks ago, I rebutted — well, at least I think so — the suggestion that Judge Kavanaugh is an artful dodger. This week, however, I’m going to backpedal a bit. It turns out that Kavanaugh may very well have to be an artful dodger once he gets to the Supreme Court. Let […]
This is an atypical post for me. Usually I blog here as an academic—or, more precisely, as just another Ad Law nerd. But today I thought I’d take a stab at writing in a different capacity—as former law clerk to a beloved former boss. In 2006, Judge Brett Kavanaugh hired me as his first law […]
The Administrative Conference of the United States is hiring! The agency is accepting applications for the full-time position of Attorney Advisor (to start this spring or summer), as well as for a term-limited fellowship designed for current or aspiring administrative law scholars (start date is flexible and will be negotiated). If you’re interested in administrative procedure and […]
It’s hard to be a parent. Kids these days, after all, confront an avalanche of messages. How are they supposed to process a world where so much is happening so quickly? Plus media is no help. Even child-friendly content can be surreal. And don’t get me started on today’s music! “Rolly, Rolly, Rolly,” indeed. Sometimes, […]
The D.C. Circuit did a rare thing this week — in fact, it did it twice. It revisited opinions that the Court had already issued. In Detroit International Bridge v. Government of Canada, the Court “reissued” an opinion from several months ago by making a few minor changes. And in American Petroleum Institute v. EPA, […]
Before jumping into this week’s post, I want to express appreciation for and to the D.C. Circuit Clerk’s Office. The D.C. Circuit is closed today because of the weather. The good folks in the Clerk’s Office, however, still docketed the Court’s opinion. Sincere thanks — you are professionals. Also, this week the D.C. Circuit announced […]
Something unexpected happened last Saturday night. I was hard at work — true story, grading exams — in my home when the clock struck midnight. At that moment I heard fireworks! And it was not just from one house. I was more than a little puzzled. Who in the world would launch fireworks to celebrate […]
I almost never read the comments on these posts–that’s rule number 1 for anyone active in internet life–but saw an alert to approve/disapprove a comment on my last post. It was from an anonymous litigator in the 9th Circuit, but it’s very good and worthy of considering what we do when we fetishize and worship […]
The Kozinski drama has been a tragic one on so many levels. Most importantly, if what is alleged is true–and given the nature of the reporting, I’ve seen no reason to doubt it–one of the most prominent judges in the United States has waged a multi-decade campaign of corrosive sexual harassment and assault on clerks, […]
I love the U.S. Court of Appeals for the Fifth Circuit. Many years ago I flew to Houston for a clerkship interview with Judge Jerry Smith. I had never been to Houston before; indeed, I may not have ever been to Texas before. When I arrived, I remember worrying about the humidity and the heat. […]
School will soon start again. Our 1Ls started orientation this week and our upper-level students start classes again on Monday. This week thus seems like a good one to offer unsolicited advice — especially because the D.C. Circuit only decided one case this week (which number, more or less, is what I predicted). Here we […]
From the ACUS website: ATTORNEY ADVISOR POSITION The Conference encourages lawyers who may be interested in serving as an attorney advisor to send a brief letter, accompanied by a resume and transcript (official or unofficial), expressing their interest and identifying the approximate date on which they would be available to start. The ideal candidate would […]
Apologies: I’m traveling this week so this post will be quick. In my mind, I can hear Judge Janice Rogers Brown say “This is stealing.” To be clear, I’ve not spoken with her about Keepseagle v. Perdue, one of the week’s big cases. So I suppose I don’t really know what she said. Even so, […]
(This was a very quiet week at the D.C. Circuit. No opinions. So feel free to skip this post. If you want something else to spend five minutes on, consider this–just for the experience. Warning: that link may haunt your dreams.) This is not a novel observation, but even so, here goes: Researchers should publish […]