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David Lat Profile picture
Mar 21 10 tweets 3 min read Read on X
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.
4/ Third, it's super-rare for a clerk to quit on a judge. Because a clerkship typically lasts one year and is an extremely valuable credential, most clerks will “ride it out” instead of quitting, even if they’re miserable or have issues with their judge.
5/ Fourth, it’s highly disruptive to the work of a chambers when even one clerk quits, to say nothing of two.

Judges in busy districts like S.D. Fla. have heavy caseloads. To be short-staffed can generate a backlog VERY quickly.
6/ I have sent multiple emails to the S.D. Fla. press office and the Cannon chambers over the past week.

I have received read receipts, but no responses.

I emailed my story to them just now and will update with any comment they provide.
7/ If you can provide additional info about what’s going on in the Cannon chambers, please contact me by email (davidlat@substack.com) or text message (917-397-2751). Thanks! Image
8/ Please note the UPDATES that I'll be adding to the post. Like this one:

One clerk who was slated to serve for two years left after one year, sometime in 2023, after having a child. (I flagged a possibility of a departure for personal reasons in FN1.)
9/ Please continue to refresh and check the web version of my post (link at the top of this thread) for all the updates. Info is flooding in, as I predicted.

Here’s the latest: Image
10/ Again, for ease of reference, here's a link to my original story about two of Judge Cannon's clerks departing prematurely from their clerkships (which I continue to update in real time, as more info comes in):

bit.ly/3TqQVRE

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More from @DavidLat

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
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
Mar 23, 2023
1/ 🧵I think @lawprofblawg’s proposal (part of a longer thread, click below to read it in full) is a fine idea.👇

Having more leftist speakers at law schools would underscore that free-speech principles protect all speech; this isn’t a partisan issue.
2/ One issue is @FedSoc has much more money than @acslaw or @NLGnews, so it can invite more speakers.

I wonder why some left-of-center billionaire doesn’t come forward to fund an organization focused on promoting progressive ideas in the legal world.
3/ I think one lesson that can be derived from @FedSoc is that because the law touches so many areas of public life, “investing” in moving the law can generate outsized returns—there’s a multiplier effect.
Read 5 tweets
Mar 22, 2023
1/ As I mentioned earlier (via various retweets), here's the 10-page memo from Stanford Law Dean Jenny Martinez about the recent protest of Judge Kyle Duncan at @StanfordLaw and its aftermath.

stanford.io/3LI4I3O
2/ Today I have a podcast episode to post at Original Jurisdiction (with the wonderful @SonyaOldsSom), but I plan to write about Dean Martinez's memo for tomorrow or Friday.

I welcome your thoughts (anonymous if you like): davidlat at substack dot com. Thx!
3/ I reached out to Judge Kyle Duncan for comment on Dean Martinez's memo.

Judge Duncan said he hasn't had the chance to review yet, but will likely address in his Friday talk at @NotreDame (which will be livestreamed):

bit.ly/3ZdOsKZ
Read 14 tweets
Mar 11, 2023
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.

Read 5 tweets
Mar 10, 2023
1/ 🧵I’m interrupting my vacation to investigate the free-speech debacle at @StanfordLaw involving Judge Kyle Duncan (5th Cir.). This thread from @EdWhelanEPPC is accurate (but I have additional info).👇
2/ Defenders of the Stanford Law protesters might quibble over whether the event was completely shut down (a la @ishapiro at Hastings), since Judge Duncan managed to get out a few words. But the event ended 40 minutes early after proceeding became impossible.
3/ More to come in a story for Original Jurisdiction. Please email me at davidlat@substack.com or DM me on Twitter if you have information to share. Thanks.

davidlat.substack.com
Read 9 tweets

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