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Morning Docket: 03.24.08

* Professor Akhil Amar: Obama and Clinton can take turns being president. Say what? [Slate]

* JPMorgan could raise Bear Sterns bid to $10 a share. [New York Times]

* IOC engages in "silent diplomacy" with China on human rights issues. [ESPN]

* Radical hippie mom accidentally released from jail for a few days. [CNN]

* AG Mukasey to argue before SCOTUS tomorrow. [WSJ Law Blog]


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Comments

First.

Akhil Amar can take turns living in an ivory tower.

Slate is certifiable.

The good professor is indeed living in an ivory tower. A bargain between running mates to switch back and forth would be unenforceable, and the notion that Hillary Clinton would ever cede power when her "turn" was up is laughably naive. It is impossible for a Clinton to do such a thing.

So perhaps Wachtell is fallible after all...

Courtesy of the NYTimes: "JPMorgan and Bear were prompted to renegotiate after shareholders began threatening to block the deal and it emerged that several “mistakes” were included in the original, hastily written contract, according to people involved in the talks.

"One sentence was “inadvertently included,” according to a person briefed on the talks, which requires JPMorgan to guarantee Bear’s trades even if shareholders voted down the deal. That provision could allow Bear’s shareholders to seek a higher bid while still forcing JPMorgan to honor its guarantee, these people said.

"When the error was discovered, James Dimon, JPMorgan’s chief executive, who was described by one participant as “apoplectic,” began calling his lawyers at Wachtell, Lipton, Rosen & Katz to seek a way to have the sentence modified, these people said. Finger pointing over the mistakes in the contracts began as bankers blamed the lawyers and vice versa."

Hey Lat - Isn't it worth a story in a "legal tabloid" about your former Firm's (the uber-prestigious Wachtell, Lipton, Rosen & Katz) major f*** up on the JP Morgan - Bear Stearns deal?

All radical hippies should be put in jail. Those people are a bunch of gun-fearing, goodless, America hating pansies. It takes true grit to understand that the world is full of evildoers who wish us harm. That's why we need a whitehouse full of real men who know what tough times and tough talk are all about. The second best thing to 8 years of W is 8 years John McCain.

11:11, do you also go by the name "bulletproof" on occasion?

Kind of funny that it's news worthy to talk about a partner at DLA screwing up and sending around a harmless email about a lawyer leaving the firm, but it's not worth mentioning that WLRK seriously screwed up a contract that is having a major impact on the biggest story in the financial world.

Apoplectic... that's just how I like my clients!

Akhil Amar's article has decreased my level of respect for YLS.

11:31 = Marty Lipton

In addition to being blindingly naive, Amar's argument is a rather odd one for a suppposed textualist to make. The 25th Amendment says: "Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is UNABLE to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President."

A plain reading of the text requires that the President represent to Congress that he/she is "unable" to execute the powers of the Presidency. "Can't" is different than "choose not to," except for silly YLS professors, and idiots who say things like "I can't eat X" despite having no allergy to X.

11:53 pwned Akhil Amar.