Author Archive: Glenn Reynolds

I WAS TRAVELING YESTERDAY, AND FELL A BIT BEHIND, but the Signal story seems like a nothingburger to me. In fact, I kind of wonder if Goldberg was deliberately included as part of an information op, allowing them to release stuff they didn’t want to be seen releasing openly. Anyway, “war plans?” Not so much, but it’s Jeffrey Goldberg so. . .

YEAH, BUT IT WAS OKAY WHEN OBAMA SAID IT BECAUSE EVERYONE KNEW HE DIDN’T MEAN IT.

JOSH BLACKMAN IS UNENTHUSED ABOUT AMY CONEY BARRETT’S MEMOIR:

The bigger problem is that this memoir will simply not be compelling. Barrett’s life was largely one of privilege. She grew up in an affluent family, went to excellent private schools, clerked on the highest court on the land for distinguished jurists, was hired at a top law school, and made it to the circuit court without doing very much. That is not a particularly motivational story. I think it would be useful to hear about how she balanced her work responsibilities with having such a large family, including adopted children. On a personal level, I find Barrett’s family quite admirable. But that might take a few pages to describe. The upbringing of Thomas and Sotomayor warrant an entire tome. There is a reason most people do not write autobiographies: there lives simply aren’t that interesting. . . .

Does any of this sound particularly useful to readers? Enough to justify a two million dollar advance? There can’t be that many people still sipping from their dogma mugs. Barrett’s standing today is not nearly what her standing was in 2020 before she decided any cases. Will conservative groups invite her to speak, and ask her about her shadow docket votes?

One of my long-running grievances is that these advances are gussied-up interest-free loans that are made without any real expectation of recouping losses. Rather, the publishers use the Justice as a marketing tool to improve the brand’s standing.

I have long thought — so this is no reflection on Justice Barrett per se — that public officials shouldn’t get big advances on books. They should be capped, perhaps at one year’s salary, perhaps at a flat figure like $50,000 or $100,000. They aren’t freelancers who need the advance to live on while they write the book. Alternatively publishers should be taxed heavily on advances that aren’t recovered by sales. But a cap would be simplest, and fair.

APPLY FOR IT IF YOU WANT TO SUE OVER IT: Straight, White Female Loses Bias Claim Over King & Spalding’s Summer Associate Diversity Program. “The plaintiff, Sarah Spitalnick, said she didn’t apply for the position while she was a 1L at the University of Baltimore School of Law because she thought that it would have been a futile gesture. The February 2021 job ad that she saw for the program said candidates ‘must have an ethnically or culturally diverse background or be a member of the LGBT community.'”

In talking about standing in Constitutional Law and Administrative Law, I tell my students to dot every i and cross every t even when it comes to clearly futile administrative gestures, as it makes it harder for courts to get rid of a case they don’t want to hear.

HE HAS A POINT:

YES.

OPEN THREAD: Because I love you and want you to be happy.

TRUTH:

AND NOT IN A FUN WAY: