Legal Ethics
Magistrate Judge Declines to Recuse After Sanctioning Rabbi Shmuley Boteach for Violating Court Order in Anti-Semitism Lawsuit
An interesting discussion of recusal, timeliness, and the social relationships between judges and lawyers and their families.
Trump Re-Ups the Anti-Weaponization Fund, Reinforcing the Demand That Todd Blanche Kill It for Good
The president is still pushing the idea of using taxpayer money to reward Capitol rioters, contradicting the attorney general nominee's assurance that it won't happen.
Todd Blanche Describes the Huge, Unprecedented Favors Granted by Trump's IRS 'Settlement' as 'Typical'
During his confirmation hearing, the attorney general nominee repeatedly misrepresented the nature and scope of the sweeping immunity deal he approved.
During His Confirmation Hearing, Todd Blanche Defends Trump's Blatantly Corrupt IRS 'Settlement'
Contradicting a federal judge, the acting attorney general, who blessed that cozy arrangement, insists it was not a product of collusion or self-dealing.
By Blessing Corruption, Todd Blanche Has Disqualified Himself From the Job He Wants
Trump’s nominee for attorney general has repeatedly subverted justice to benefit his boss.
A Federal Judge Slams Trump's IRS Lawsuit As a Pretext for Delivering a Phony 'Settlement'
U.S. District Judge Kathleen Williams concludes that the case never presented a true "case or controversy" because both sides were controlled by the president.
35 Retired Federal Judges Slam Trump's 'Laughable' Defense of His 'Obviously Collusive' IRS Settlement
The DOJ's unilateral abandonment of the Anti-Weaponization Fund "makes it crystal clear that these parties were never adverse," the former judges argue.
Trump's Lawyers Insist There Is 'No Evidence' of 'Collusion or Fraud' in His 'Settlement With Myself'
The sweet deal that resolved the president's fatally flawed lawsuit against the IRS was business as usual at the DOJ, his attorneys told a federal judge.
A DOJ Brief Preposterously Insists That Trump's 'Anti-Weaponization Fund' Was Politically Neutral
The president himself has repeatedly contradicted that claim.
Prof. Michael Broyde (Emory) on "When Judges Stop Behaving Well"
"Article III life tenure is not a shield for misconduct in chambers. It is a constitutional trust conditioned on good behavior."
Todd Blanche Hates 'Weaponization' of Government Unless It Benefits His Boss
Blanche is happy to pervert justice in service of the president's personal agenda. No wonder Trump wants to keep him as attorney general.
Trump's Immunity Deal Stinks Even More Than His Blatantly Corrupt 'Anti-Weaponization Fund'
An addendum to the president's "settlement" of his lawsuit against the IRS shields him and his family from liability for any federal offenses they committed prior to May 19.
Trump Is Reportedly Reconsidering His Politically and Legally Contentious 'Anti-Weaponization Fund'
The Justice Department signals a retreat from defending the blatantly corrupt scheme, which provoked vigorous objections from Republican lawmakers.
Trump's Corrupt 'Settlement' With the IRS Hits Two Judicial Roadblocks
One order temporarily blocks money for the president's "Anti-Weaponization Fund." The other asks whether the agreement is a fraudulent "product of collusion."
Court Leaks and Attorney-Journalists
The professional-ethics implications of making court confidences public.
$14K Sanction for Local Counsel's Not Meaningfully Supervising Out-of-Jurisdiction Counsel
with cameo appearance by out-of-jurisdiction counsel's citation of non-existent cases.
Lawyer Hijinks in Laura Loomer's and Bill Maher's Depositions
The magistrate judge is not amused.
Sanctions Decision as to Rape Allegations Against Comedian Druski, in Case Also Involving Sean Combs (P. Diddy)
"After the lawsuit was filed, Desbordes' [Druski's] counsel sent Plaintiffs' counsel evidence, including debit card records and phone records, showing that it was virtually certain that Desbordes was in Georgia at the time of the alleged rape, and thus could not have participated in the assault." "Yet, at the hearing on the motion for sanctions, Plaintiffs' counsel expressly stated Plaintiffs 'have no desire to dismiss Mr. Desbordes' from the lawsuit."
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
Maine Lawyer Tries to Get Federal Government Lawyer Investigated for Litigating Government's Claim Related to Transgender Athletes
The federal judge rightly rejects the request.
On the Effects of Occupational Licensing on the Legal Profession
An interesting new study on how state bar requirements may affect the quality and quantity of legal services.
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
Excessive Calls for Recusal Threaten Judicial Independence
Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.
Samuel Alito Was Foolish To Sell His Bud Light Stock
The conservative culture war boycott against Bud Light was actually a great time to buy stock in a successful company, even if you don't like Bud Light.
The Ethics of Law Professor Amicus Briefs Revisited
Are law professors too quick to sign their names on briefs submitted to courts? Is this a problem?
"Victimizing the Families of Opposing Counsel and Causing Well-Founded Concern for Their Well-Being … Is … a Profound Dishonor as a Lawyer"
"Lawyers in litigation may be expected to assume the risk of a certain amount of rough-and-tumble. Their families do not. In preying on the families of opposing counsel, Mr. Manookian crossed the Rubicon."
If Lawyer Representing Himself Is "Unable to Keep His Personal Feelings out of His Pleadings and the Way He Litigates This Case,"
"he might want to consider hiring an attorney to represent him in this case."
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
"As an author of one of these briefs, I am free to admit the lie."
The relationship between scholarly amicus briefs and scholarship
Supreme Court Adopts Ethics Code
The provisions seem sensible, though there are legitimate concerns about enforcement.
Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case
The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
