(((tedfrank))) Profile picture
Apr 27 11 tweets 3 min read
My favorite part of the 30 hours I waste every two years on CLE is finding and taking the class that discusses the cases I’ve won in the last eleven years. Today’s air flight presents that occasion to listen to a downloaded lecture.
And, score, the lecturer remembered to put the words “Ethical Duties” in the title, so I get professional responsibility credit.

Wonder if he’ll mention that no class counsel has ever faced disciplinary consequences for unquestionably unethical Rule 23(e) behavior.
Wow, courts must find class settlements to be fair, reasonable, and adequate. #CLE #education
Weird slide: Class settlements received additional scrutiny after SCOTUS decision in Walmart v Dukes (2011)… which is temporally coincidentally true, but a bit of a non sequitur. I can think of something else that happened in 2009 that was more important.

#CLE #education
Bluetooth slide! I pause, close my eyes, and quiz myself: 654 F.3d 935 (9th Cir 2011). Correct! This one weird memory trick and $5.95 gets me a Chick-fil-A sandwich combo.

Lecturer doesn’t mention reversion provision.

#CLE #education
Second case is Kobe.

Third goes back to one of my cases: Subway! I don’t remember the cite this time.

Lecturer doesn’t correctly describe case facts or holding. Really, someone should invite me to one of these so we can reprise the McLuhan in ANNIE HALL scene.

#CLE #education
“You know nothing of my work!”
Judge Koh preliminary approval denial in Yahoo.

2007 reverse auction Sharper Image coupon settlement. But no discussion of post-CAFA attempts to evade limits on coupon settlements.

Now 1715 CAFA notification and 2018 amendments.
(blah blah blah)

Cy pres and Frank v. Gaos and conflicts of interest. Lecturer misstates what Ninth Circuit said, doesn’t get into any real discussion.
Today’s CLE is basically an hour of “Wear pants in Zoom hearings in case you stand up” and I’m getting ethics credit for it. 🤷‍♂️
TFW today’s CLE instructor, discussing pleadings, describes a syllogism and calls it “algebra.”

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More from @tedfrank

May 18
Fwiw, some (but not all) conservative justices frequently hire a “counterclerk,” someone considerably to their left who will test their views. Liberal justices never do. Jackson continues the trend of Democrat-appointed justices not hiring promising Federalist Society members.
The Jackson clerk selections support my argument that any Black qualified enough to be a SCOTUS clerk doesn’t need the resume builder to jump the career queue: affirmative action means they can already have entry-level jobs whites wouldn’t get w/o much more on their resume.
Professor Murray’s recent Harv L Rev piece looks really interesting. (@OrinKerr didn’t break into HLR until after his clerkship.) I look forward to having time to read it—and seeing if its ideas find their way into Justice Jackson’s OT2022 jurisprudence. harvardlawreview.org/2022/03/discri…
Read 6 tweets
May 17
If you told me that, I’d think that there’s a much cheaper way to reduce crime by 700 crimes per participant over 10 years, and likely 1400 crimes per participant over 20 years, with positive externalities that probably reduce crime further.
I mean, seriously, the average participant in the program commits 35 crimes/year after participation? Doesn’t sound like a great success.

Leaving aside the inherent problems with a study that relies on self-reporting to determine criminal behavior.

Lol, “We do not see any evidence, however, that they are less impulsive, abuse fewer substances, or have acquired more anticriminal norms and values as a result of the therapy.” So the effect is entirely one of reduction in self-reported criminal activity.
Read 4 tweets
May 8
Kavanaugh is due for an 8-digit inheritance and has a pension worth millions. It was economically rational for him to borrow to smooth lifetime consumption. And he got a big lump sum of back pay in a class action award. Any credit card conspiracy theory is #BlueAnon.
Note also that Kavanaugh’s multimillionaire parents can give their only child Kavanaugh, his wife, and his two kids $128,000 in 2022 without incurring gift taxes (and similar smaller amounts in previous years), and it would never appear on a government disclosure form.
Read 4 tweets
May 8
Can someone explain to me the practical difference in state abortion law in 2023 between the hypothetical Roberts opinion upholding the MS law without “overturning Roe” and five justices signing on to the Alito draft with minor tweaks? Seems more like 90% of a loaf than half.
Like, it’s not like the Left would look at the hypothetical 4-2-3 or 3-3-3 Roberts decision as they’ve dodged a bullet. Why would a conservative clerk risk his career for that? Not like state bars give conservatives the benefit of the doubt.
And the Left is sure acting like they think the leak helps them, rather than Alito. Various lefty hacks praised the leaker as a hero or complained about the Roberts investigation. And do Nina and @cshaplaw think protestors at justices’ homes are doing a FedSoc clerk’s bidding?
Read 4 tweets
Mar 23
Jackson’s decision in US v Hawkins was in 2013. Hawkins is in his 20s now, and would’ve been out of prison for 8 years. Did he reoffend? Is he a productive member of society today?

I don’t know, but it seems like a more fruitful journalistic inquiry than each side’s punditry.
Seems like a real slam dunk for one side or the other: “KBJ was soft on crime and there were innocent victims as a result” or “KBJ wisely accounted for the particularities of the case in front of her and now Hawkins is a family man with a job.” Which is it? Why is no one asking?
I disagree.

If Hawkins became a serial child rapist, I think it’s a scandal worse than Willie Horton and either kills her nomination or is a big midterm commercial if she passes 51-50.

If Hawkins is entirely reformed and can give a sympathetic tv interview, it vindicates KBJ.
Read 11 tweets
Mar 5
But you know whose LSAT score I really want to see? Joe Biden’s.
Kamala Harris went to UC Hastings on an “opportunity” program, suggesting her LSAT was below the ~36 median for that law school. (Also, an African-American who got a 36 LSAT in 1986 would have ended up at a Georgetown-level law school.) Harris went on to flunk the bar.
John Kerry must have had an abysmal LSAT, when, as a nationally known celebrity with a political valence popular among law professors at a time when not many people were applying to law school, that plus-factor could only get him into BC Law. (But his Yale grades were poor.)
Read 8 tweets

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