6th Circuit

It’s not really fair to use the moniker “Judge of the Day” for Judge Wade McCree. With his third appearance in a “Judge of the Day” feature, he’s crossing into Judge of the Decade status.

After sending a compromising picture to a married bailiff and allegedly hooking up with and impregnating a litigant in his courtroom, the state of Michigan has filed a formal complaint against McCree. What’s wrong with Michigan, by the way?

The 21-count complaint includes a number of new allegations against McCree….

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* Oh mon dieu! Cela ne semble pas bon! As confirmed by The Lawyer, Nixon Peabody will definitely be closing its four-year-old international outpost in Paris, France, leaving the firm with only two offices outside of the United States. Triste. :( [Am Law Daily]

* “I just wanted somebody to pat me on the head.” Aww, all this former Winston & Strawn partner wanted was for someone to tell him he was a good boy, so he helped Kenneth Starr launder money. At least he didn’t get jail time. [New York Law Journal]

* Sorry, lady, but when you work in an HR capacity and you publish tripe about gays not being civil rights victims because they “choose” their lifestyle, the Sixth Circuit will just laugh at your appeal. [National Law Journal]

* At least one law school has gotten the point that tuition is too damn high. Starting next year, Seton Hall Law will allow qualifying first-year students to save about 50 percent on the cost of attendance. [Associated Press]

* What are some benefits of taking a gap year between the completion of your undergraduate degree and law school? Well, for one, you might reconsider your decision to enroll. [Law Admissions Lowdown / U.S. News]

* Robert Bork, former D.C. Circuit judge and SCOTUS nominee, RIP. [Commentary Magazine]

Wise Latina?

[F]ederal judges are not just politicians in robes, though that is part of what they are.

– Professor Lee Epstein, Professor William M. Landes, and Judge Richard Posner, writing about judges and politics in their forthcoming book, The Behavior of Federal Judges (affiliate link).

(Additional highlights from Adam Liptak’s article about their research, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Partisan Hearts Beating Underneath Their Robes?”

* The Sixth Circuit delved into the question of law professors’ tenure in a recent decision, noting that it doesn’t guarantee a job for life. But seriously, why on earth would you want to have a lifetime career at Cooley Law anyway? [National Law Journal]

* Was the Wisconsin Sikh temple shooting a hate crime? Well, the shooter was in a racist skinhead band and purchased supplies from a neo-Nazi group, if that gives you a clue. [Reuters]

* Bet nobody saw this kind of douchebaggery happening: Jackson Lewis has been tapped to represent a member of Penn State’s board of trustees to appeal the NCAA’s unappealable sanctions, and he’s recruiting fellow trustees to join him. [Am Law Daily]

* No more “no comment” for this former reporter: Bruce Brown, a partner at Baker Hostetler, was appointed as the new executive director of the Reporters Committee for Freedom of the Press. [Blog of Legal Times]

* As expected, Jared Lee Loughner pleaded guilty in the Arizona shooting that killed six people and wounded 13 others. He’ll likely receive several life sentences as opposed to the death penalty. [Wall Street Journal]

* “This sh*t ain’t no joke yo, I’m serious, people are gonna die like Aurora.” Twitter, please cooperate so the police don’t have to subpoena you when a user threatens to commit a massacre in NYC. [NBC New York]

We’ve been dealing with a lot of negativity around here recently, what with the implosion of Dewey, the stress of finals, Texan lawyers flying off the handle. Seems like things are getting a little out of control. So, everyone, let’s just slow down and enjoy a nice story about drinking. Specifically the story of the recent Sixth Circuit decision about good old Kentucky bourbon.

The case involved an intellectual property dispute between Maker’s Mark and Jose Cuervo tequila. And the ruling begins with an epic six-page discussion about the history of whiskey.

I’m not complaining, but the opinion might have worked better as a history lesson…

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Nicollette Sheridan

* It’s time for the Supreme Court to sound off on the battle over women’s wombs, and you know it’s bad when even a sitting justice calls it “a mess.” Can a child conceived after a parent’s death receive survivor benefits? [CNN]

* Disgusting health warning pictures on cigarette packaging and advertising: now constitutional according to the Sixth Circuit. Maybe this will inspire people to quit a habit that’s almost equally as disgusting. [Thomson Reuters News & Insight]

* When Biglaw is involved, so is big money. Say “aloha” to the largest personal injury settlement in Hawaii’s history. The state will pay $15.4M over the hiking death of Gibson Dunn partner Elizabeth Brem. [Am Law Daily]

* A lawsuit filed against fashionista Alexander Wang over his alleged “sweatshop” has been discontinued, and not because there isn’t a case, but because the lawyers on either side have major beef. [New York Magazine]

* The Better Business Bureau has moved to dismiss a Florida law firm’s suit over its “F” grade. Because sometimes the truth hurts, but that doesn’t mean you can sue over it if you don’t like it. [Orlando Sentinel]

* The biggest bimbo from Wisteria Lane gets screwed again, but this time in court. A mistrial has been declared in Nicollette Sheridan’s lawsuit against the producers of “Desperate Housewives.” [Reuters]

Judge Jeffrey Sutton

Over the weekend, Mark Oppenheimer wrote an interesting New York Times piece about the Sixth Circuit’s recent ruling in Ward v. Polite (PDF). In that case, Judge Jeffrey Sutton — noted feeder judge, judicial hottie, and possible SCOTUS nominee in a Republican administration — handed a (partial) victory to Julea Ward, an evangelical Christian who sued various teachers and administrators at Eastern Michigan University, where she had been studying counseling.

Here’s a concise summary of the facts, from the opening to Judge Sutton’s opinion (which is wonderfully clear; he’s great at explaining complex legal issues to large lay audiences; see also his Obamacare opinion):

When the university asked Ward to counsel a gay client, Ward asked her faculty supervisor either to refer the client to another student or to permit her to begin counseling and make a referral if the counseling session turned to relationship issues. The faculty supervisor referred the client. The university commenced a disciplinary hearing into Ward’s referral request and eventually expelled her from the program. Ward sued the university defendants under the First and Fourteenth Amendments.

Ward claimed that her expulsion violated her free speech and free exercise rights. The district court granted summary judgment in favor of the university, but the Sixth Circuit reversed. At the same time, the Sixth Circuit held that Ward wasn’t entitled to summary judgment in her favor either: “At this stage of the case and on this record, neither side deserves to win as a matter of law.” So perhaps we’ll end up with a trial.

Who’s in the right here, Ward or the university? Let’s discuss….

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This is perhaps the dog-gonest case ever to reach a federal appellate court.

– Judge Ronald Lee Gilman, writing for Sixth Circuit in O’Neill v. Louisville/Jefferson County Metro Government, a case that involved the forcible implanting of microchips in a family’s dogs without consent.

'These MBE questions are way easier than the practice ones!'

We thought we had a winner for most gutsy bar exam performance of July 2011. On Thursday, a woman taking the New Jersey bar exam passed out during the test — then picked herself up off the floor, and went right back to typing.

That’s impressive — but we may have spoken too soon. Here’s a labor-intensive story that tops it.

“A friend of mine went into labor while taking the Illinois bar exam,” a tipster told us. “She calmly finished, went to the hospital, and had her baby an hour or two later. Girl’s a real trooper.”

“A certain Northwestern Law alumna went into labor during the second day of the Illinois bar,” said a second source. “She finished the exam and had her baby, her first, at 5:58 p.m. I think that is worth noting.”

You better believe it’s worth noting. If ever there was a baby immaculately conceived by a lawgiver, this might be the one.

We have all the details — including a picture of the Bar Exam Baby, whom we’ll nickname “Baby Bar”….

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If I were in their role and in their position, I probably wouldn’t understand it either, that a club really can’t attract minority members.

– Judge Gilbert S. Merritt Jr. of the Sixth Circuit, commenting to the New York Times about two of his colleagues on the court — Eric L. Clay and R. Guy Cole Jr., both African-American — and their strong reactions against a bankruptcy judge’s membership in an all-white, all-male country club.

(Judge Merritt is also a member of the Belle Meade Country Club, although an honorary one without voting privileges.)

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