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#Lawtwitter Hail Mary incoming

I would normally exhaust literally every other option before even considering openly seeking assistance on Twitter with a case, & even then probably still not do it, but this is a truly $%^&ed up matter that just hurts my soul, so here goes.
A colleague was on the cusp of filing a federal lawsuit in an egregious case involving a female Bureau of Prisons employee, when her male colleagues were doing things like subjecting her to extra scrutiny & saying she wouldn't need to do that if she put out for them. When she ...
complained about this, she was harshly retaliated against because a primary offending culprit was a senior union official, ultimately being forced out by intense psychological pressure. The factual record has been fully fleshed out at the administrative level, even though ...
Read 9 tweets
OK, as promised, a thread on the flaming bag stuffed with feces Mike Lindell and his excellent lawyers at @BTLawNews left on the electronic doorstep of the Minnesota federal court yesterday
And yes, I tagged @BTLawNews (and am tagging their other practices @BTLawLE @BTLawTrade @BTLawDC) for a reason. I'm not sure they understand how rapidly this filing is torpedoing their reputation; I've already seen GC's on here pledging never to send them any business
And that's well deserved. Not only did @BTLawNews @BTLawLE @BTLawTrade @BTLawDC sign up for a morally repugnant assault on American democracy, *but they did a craptastic legal job doing it*. In-house counsel thus gets to stay away for both moral and practical reasons
Read 99 tweets
This week I've received many calls / DMs from law students who just started their summer legal internships. What's keeping them up at night?

Impostor syndrome.

Let's talk about it. #lawtwitter 🧵
I am no stranger to impostor syndrome.

Having pursued a "J.D. Advantage" career path, I've spent a lot of cycles worrying about my peers (who were following traditional legal paths) and wondering if I was doing something wrong.

Lots of toxic self-comparison.
I encountered it daily during my 1L internship at Twitter. My co-interns are some of the most brilliant colleagues I've had the opportunity to work alongside.

That left me wondering how the hell I slipped through the cracks.
Read 24 tweets
Should you use racial slurs in the classroom? Two professor argue it is important for pedagogy.

My response to Kennedy and @VolokhC.

abovethelaw.com/2021/05/use-ra…

#lawtwitter #AcademicChatter
The article by Professors Kennedy and Volokh can be found here.
www2.law.ucla.edu/volokh/epithet…
A friend reminded me of this great discussion.

Ta-Nehisi Coates on words that don't belong to everyone | We Were Eight ... via @YouTube
Read 3 tweets
Today I filed a lawsuit for malicious prosecution, violation of due process, false imprisonment, malicious custodial interference, etc., against the cops at @OrlandoPolice, @OrangeCoSheriff, and @rockhillpd who set me up on false charges last April.

#lawtwitter

The lawsuit:
Read 10 tweets
I was, for no particular reason, thinking today about an ENTIRE AND VAST LITERATURE on household reproduction that encompasses many voices across many fields.

#lawtwitter #AcademicChatter
A LOT of those articles, books, and essays are written by WOMEN. So I imagine if I were, say, citing literature in my essay, I would want to be careful to ensure I encompassed it fairly. I might also look at who I am tending to cite in my footnotes.
Read 21 tweets
1/ Some thoughts on representing anonymous developers in the #crypto space…
2/ For purposes of this discussion I’m assuming that the attorney knows the identity of the developer but nobody else does.
3/ Both attorneys and developers need to be extremely careful of the ethical implications (and limitations) of this type of relationship.
Read 10 tweets
Watch live: Texas House hearing on ERCOT, energy executives | wfaa.com twitter.com/intent/user?sc…
Ercot used 20 year models for winter energy forecasts and missed the mark by almost 10 mwh. They didn’t model multi-day freezing events EVEN THOUGH WE HAD ONE IN 2011
10,000 not 10
Read 91 tweets
In anticipation of the #STCA Safe Third Country Agreement Appeal starting, this is the decision under review at the Fed CA. Fed Ct fd STCA violated s 7 #Charter rights of ref claimants
I'll be tweeting intermittently with comments.
#refugees #cdnimm #law

decisions.fct-cf.gc.ca/fc-cf/decision…
If ur curious, the #STCA Safe Third Country Agreement is still in force. The Fed CA refused to grant a stay to suspend the agreement till the appeal is resolved even tho arguable irreparable harm re Fed Ct fd #Charter violations
#refugees #cdnimm #law

decisions.fca-caf.gc.ca/fca-caf/decisi…
+
As well, even tho there are a multitude of intersectional issues relating to the #STCA Safe Third Country Ag, 13 orgs thru 6 intervener applications were denied participation in the hearing at Fed CA. #cdnimm #refugees #law

decisions.fca-caf.gc.ca/fca-caf/decisi…
Read 166 tweets
IMPORTANT ZOOM TIP: If a child used your computer, before you join a virtual hearing check the Zoom Video Options to be sure filters are off. This kitten just made a formal announcement on a case in the 394th (sound on). #lawtwitter #OhNo
@zoom_us
These fun moments are a by-product of the legal profession's dedication to ensuring that the justice system continues to function in these tough times. Everyone involved handled it with dignity, and the filtered lawyer showed incredible grace. True professionalism all around!
Media outlets, you may use the video. It was recorded during a virtual hearing in the 394th DC of TX, and released for educational purposes. It is crucial that this not be used to mock the lawyers, but instead to exemplify the legal community's dedication to the cause of justice.
Read 6 tweets
I am hearing from law students who are struggling. 1Ls disappointed with their first set of grades. 2Ls and 3Ls tired and stressed and feeling pressure to take on more.

I wish I could hug all of you and tell you not to let any of this define you. /1
Law school is a narrow echo chamber built on a scarcity mindset. Try to find ways to get outside of that echo chamber. The practice of law is full of so many opportunities, I could spend my entire career trying new things and never exhaust them all.

Abundance, not scarcity! /2
I wish we as lawyers did a better job sharing our paths and law school experiences to show first hand the abundance this profession offers. Here was my path:

First gen college grad who wasn't at all sure law school was the right path for me /3

#lawtwitter
Read 11 tweets
1/ The 150+ signatories to this letter arguing the Senate CAN impeach former officers, including ex-presidents, are a murderers' row of leading legal minds. E.g., @jadler1969 @FOBowman3, Steven Calabresi, Charles Fried, @ngertner... #SCOTUS #appellatetwitter
3/ And many more distinguished scholars and lawyers; I just quickly skimmed.

You can read the letter and list of signatories here (via @Politico). Thanks @esiattorney for the heads up!

politi.co/395mrib #SCOTUS #appellatetwitter #lawtwitter
Read 3 tweets
The government has filed its brief in support of holding Jake Angeli (aka "Q-Shaman") without bail pending trial. Let's take a look. #lawtwitter #appellatetwitter

courtlistener.com/recap/gov.usco…
First, an 18-page memo filed prior to a detention hearing isn't unheard of, but it's not every day, either. It's a signal that they really, really want this guy locked up.

Next: the charges. They're getting serious here. Angeli faces two felonies: 18 USC 231 civil disorder,
which carries up to to five years in prison, and 18 USC 1512(c)(2), obstructing an official proceeding (the electoral college count), which carries up to 20 years in prison. And some misdemeanors.

Next we come to the authorization for detention. The government has to show
Read 32 tweets
Question for #lawtwitter. My family and I are having a discussion: a family member (and others on this website) has put forward that Congress could pass legislation deeming Trump not qualified to serve as president under section 3 of 14th Amdt. My sense is that for that section
to apply, it would require some legal determination of guilt of insurrection or rebellion by an article iii body. Short of that, legislation applying to Donald Trump would be, in effect, a bill of attainder.
Of course the constitution creates an all legislative mechanism for disqualification from federal office in the impeachment and removal process, but that requires a 2/3rds majority in the senate.
Read 5 tweets
I have seen so many people (including folks on #lawtwitter) comparing what happened at the Capitol yesterday with the violence and property damage that happened in some cities during protests last summer.

Let me explain what is wrong with that analogy . . . . .
To clarify -- my disagreement is not with those who are pointing out that law enforcement didn't respond with the same level of force and arrests at the capitol as it did during BLM protests.

That comparison deserves to be drawn and it raises some very important questions.
My disagreement is with those who are saying that what happened at the Capitol yesterday is so similar to what happened during protests this summer, that people's reactions ought to be similar--a suggestion that those reacting more strongly now are hypocritical.
Read 18 tweets
The @LawSocietyLSO mandates Equality, Diversity & Inclusion training for lawyers. This is important. As I did my courses, I was reminded of the times I experienced something (+ & -) that is relevant to the subject. I share some below. Please add your stories. 1/ #LawTwitter
Lesson: don’t stereotype

EG: I was mistaken for a lawyer’s assistant by a lawyer I didn’t work with. The other lawyer, horrified, corrected him so I didn’t have to.

EG: I was mistaken for another brown lawyer at work multiple times. I had to keep explaining I wasn’t her.

2/
Lesson: be an ally & call out discriminatory comments or actions against minorities

EG: a new client asked I be removed from the case bc, based on my name, I might be a secret agent for the country he was suing. The partner set him straight, saying it was baseless & wrong.👏🏼 3/
Read 7 tweets
Some very bad news for civil rights litigants:

Per today's decision in Tangreti v. Bachmann, supervisory liability under Colon v. Coughlin is dead in the Second Circuit

#lawtwitter #appellatetwitter

ca2.uscourts.gov/decisions/isys… ImageImageImageImage
Following are the five ways Colon v. Coughlin, 58 F3d 865, 873 (2d Cir 1995), recognized to establish the personal involvement of a supervisory defendant.

After yesterday's Tangreti opinion, only the first and arguably part of the third are still viable in the Second Circuit
Under Colon, supervisory personal involvement could be established under 42 USC 1983 if the defendant:

1) participated directly in the alleged constitutional violation;

(2) after being informed of the violation through a report or appeal, failed to remedy the wrong;
Read 8 tweets
Another TCA graphic for you, on how to resolve disputes

1/
Short version is that this is very much the same as the model in the WA (and in other FTAs), but with some important caveats

2/
(if you want to compare with the WA version, try this: )

3/
Read 8 tweets
Dominion and Smartmatic have a defamation claim.

Giuliani and Powell can also be sued for defamation if their lies caused a particular person damages. (Jean Carroll is suing Trump for defamation.)

The damages to Dominion and Smartmatic are substantial.
The elements of defamation claim:
🔹 a false statement purporting to be fact
🔹publication or communication of that statement to a third person
🔹fault amounting to at least negligence
🔹damages, or some harm caused to the person or entity who is the subject of the statement
I don't see why. The heightened standard in New York Times v. Sullivan doesn't apply.

News stations get no special treatment unless they're talking about public figures.


#lawtwitter may be misunderstanding the First Amendment.
Read 8 tweets
**********
6TH ANNUAL
BULL CITY FOODRAISER
FINAL RESULTS
MEGA-THREAD
**********
We'll be using this thread for final results / pics / etc over the course of the week
The first picture: the cashier's check I just picked up from Wells Fargo

As always, 100% of every donation we receive goes back out the door
Read 86 tweets
Good evening, #lawtwitter and others interested in frivolous election litigation.

It's 2020, time is a very flat circle, and we have ourselves - wait for it:

A birther lawsuit.
courtlistener.com/recap/gov.usco…
That's right - with the ink barely dry on the SCOTUS order messing with Texas, we find ourselves looking at a pack of racist asshats suing in the Southern District of California because they don't think Kamala Harris is American enough to be Vice-President.
By the way - @greg_doucette - I'm hearing some rumblings that the lead plaintiff, George FX Rombach, may have some ties to some friends of yours from one of your recent adventures.
Read 6 tweets
I see a lot of law students in #lawtwitter worried/freaking-out about their early grades and thinking it signals the end if a successful career before it even begins. A short thread about law school, lawyering and life. 1/
As I've said before, there is no single path to success as a lawyer. In fact, there's not even a single definition of "success." Some people want riches and the spoils. Some want to protect society, while others to defend the helpless. Most have no idea what they want. 2/
While it is true that top 1% grades will smooth the path toward certain jobs, or more to the point, that lower grades will post roadblocks along that path, THAT PATH MIGHT NOT BE THE RIGHT ONE FOR YOU. 3/
Read 11 tweets
1/ For my latest post on Original Jurisdiction, my new @SubstackInc publication, I interviewed @KannonShanmugam, a top Supreme Court advocate -- who yesterday had his 30th argument before #SCOTUS.

bit.ly/37ODjI6 #appellatetwitter
2/ ICYMI from last week, in my first post on Original Jurisdiction, I interviewed David Boies, a top trial lawyer, and Natasha Harrison, his heiress apparent at Boies Schiller Flexner.

bit.ly/33GE5FH #lawtwitter #Biglaw
3/ Tentative publication schedule for Original Jurisdiction:

- Monday: a standard-length post.

- Wednesday or Thursday: an in-depth interview or profile of a legal newsmaker.

- Friday: my weekly update, Judicial Notice.

bit.ly/3qxi85E #lawtwitter
Read 4 tweets
Well lemme hop onto PACER bc this is W I L D.
For those who don't follow #RHOBH like, ahem, some of us do, Erika Girardi became a professional singer/dancer (and star of @bravoTV Real Housewives of Beverly Hills) after marrying her now 81-year old lawyer husband, Tom.
Her entertainment personality is "Erika Jayne," and she's credited Tom on the show with funding her career. She announced in early November that she was divorcing Tom.

The lawsuit claims that's a sham.
Read 79 tweets

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