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David Lat Profile picture
@DavidLat
Mar 11, 2023 • 5 tweets • 4 min read • Read on X
1/ 🧵If you are willing to get down into the weeds, here is my deep dive into the disruptive protest of Fifth Circuit Judge Kyle Duncan at Stanford Law School (originally reported on by @EdWhelanEPPC).

bit.ly/42606dy
2/ I published it just in time to include @StanfordLaw Dean Jenny Martinez's statement.

I just updated the post to (a) add links to stories from @aaronsibarium and @nateraymond, and (b) add reactions to Dean Martinez's statement from my SLS sources.
3/ For a more critical take on Dean Martinez's statement, see this thread from @EdWhelanEPPC.

4/ A big update in the Judge Kyle Duncan/@StanfordLaw story (via @EdWhelanEPPC): Stanford President Marc Tessier-Lavigne and Stanford Law School Dean Jenny Martinez have apologized to Judge Duncan for the disruptive protest of his event.👇
5/ I have added several UPDATES to my original story about the protest of Judge Kyle Duncan at @StanfordLaw, including the full text of both the apology letter from President Tessier-Lavigne and Dean Martinez and Judge Duncan's response.

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More from @DavidLat

David Lat Profile picture
Apr 12
1/ I realize folks aren't coming to me for theater recs, but I saw Paula Vogel's "Mother Play" at @2STNYC last night, and I was blown away. Bring tissues if you tend to cry during powerful works of theater.

#MotherPlayBway
2/ My husband Zach and I agree that the performances in Mother Play—by Jessica Lange, Celia Keenan-Bolger, and Jim Parsons—are superb. #MotherPlayBway
3/ We did have differing reactions to Mother Play itself.

I found the play extremely engrossing and emotionally resonant.

Zach liked it overall, but might agree with the Google AI review summary saying "some of the dynamics seem familiar." #MotherPlayBway
Read 8 tweets
David Lat Profile picture
Apr 11
1/ Here's my (very detailed) post about Tuesday night's protest at the home of Berkeley Law Dean Erwin Chemerinsky.

It includes new reporting, detailed legal analysis, and links to many other sources (including videos).

Link: bit.ly/3Ue6uh1
2/ I asked @BerkeleyLaw Dean Erwin Chemerinsky whether he and Professor Catherine Fisk would be seeking discipline against Malak Afaneh and the protesters.

Dean Chemerinsky said they're not sure—but if they do, it will be confidential, per law (e.g., FERPA).
3/ Was Dean Chemerinsky's house subject to the 1st Amendment?

As he told the @LATimes, it's a privately owned home, owned by him and Professor Fisk; it's "not owned by the university, on university property, or in any way paid for by the university."
Read 21 tweets
David Lat Profile picture
Apr 4
1/ Read Judge Aileen Cannon's order, linked in @emptywheel's post below (👇).

It's kind of clever—in a devious way....
2/ On the one hand, Judge Cannon kinda walks back some of her prior crazytown order:

The Espionage Act counts "make no reference to the Presidential Records Act, nor do they rely on that statute for purposes of stating an offense."

Ding ding ding!
3/ On the other hand, as @emptywheel notes, Judge Cannon reserves the right to "do something whack with jury instructions"—i.e., instruct on his nutty Presidential Records Act (PRA) theory.

AFTER the jury has been sworn and jeopardy has attached.
Read 17 tweets
David Lat Profile picture
Mar 21
1/ I'm interrupting my Twitter hiatus to share an important story I just published on Original Jurisdiction:

"Cannon Fodder: Law Clerks Quit On Judge Aileen Cannon"

Here's the link to the full story:

bit.ly/3TqQVRE
2/ Why is this significant? For a few reasons.

First, law clerks are critically important to judges, who couldn't do their work without them.

They are not "clerical." Instead, as I've written before, they're the wind beneath the wings of federal judges.
3/ Second, a federal district judge usually hires only two to three law clerks each year, so for two clerks to quit is quite notable.

It's not like associates quitting a 1,000-lawyer Biglaw firm.
Read 10 tweets
David Lat Profile picture
Mar 24, 2023
To anyone who has been following the #gwynethpaltrowskicrashcase more closely than I have, can you explain to me:

Why the heck didn't this settle?

The plaintiff seeks $300K. Gwyneth can sell enough "Smells Like My Orgasm Candles" ($75) to cover that.
2/ More than 95% of civil cases settle.

@GwynethPaltrow is presumably (a) rich & (b) averse to bad publicity.

When a case does go to trial, there's usually a reason (e.g., grudge match, no middle ground, etc.).

Why this can't be solved for $300K (or less)?
3/ I can see @CecereCarl's point as to, say, large companies and patent trolls.

But I can't imagine Paltrow is sued THAT often (or any more often than a comparable celeb).

And it's undisputed that an accident did happen.

Read 4 tweets
David Lat Profile picture
Mar 23, 2023
1/ 🧵Judge Allison Burroughs (D. Mass.) said it was "greedy" of @JeannieSGersen to push for greater disclosure of sealed portions of the trial-court record in the @Harvard affirmative-action case.
2/ But as @JeannieSGersen writes in her @NewYorker piece, "it is not greedy for the public to expect the transparency on which the courts’ legitimacy depends."

3/ The need for greater transparency applies to both the judicial proceedings in the Harvard case and the underlying admissions process at issue in the litigation (now before #SCOTUS).

Read 4 tweets

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