9th Circuit

Professor John Corvino is the co-author of an excellent new book, Debating Same-Sex Marriage. The book consists of a debate between Corvino, who supports gay marriage, and Maggie Gallagher, who opposes it — and who has, through her work for the National Organization for Marriage, vigorously resisted the legal recognition of same-sex marriage.

The issue of gay marriage can be divisive, but the book has in many ways been uniting. In addition to bringing together Corvino and Gallagher — who have done numerous joint events to promote the book, despite their very divergent views — even the book’s blurbs have made for strange bedfellows. In the words of Dan Savage, author of the Savage Love sex advice column, Debating Same-Sex Marriage “is the first and, without a doubt, the last book in the whole sordid history of books that will be blurbed by both me and Rick Santorum.”

Over the weekend, I interviewed Corvino about the issues discussed in the book, with a focus on legal issues relating to same sex-marriage….

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[L]aw schools are questioning whether or not they are teaching students the right way, and it seems to me that the bench and the bar can engage in serious discussions with the law schools to advise them whether or not, say for the next 20 years… they have the proper approach for teaching those who will soon be the trustees of the law as active practitioners. That is urgent.

– Justice Anthony Kennedy, speaking this week at the Ninth Circuit’s Judicial Conference in Maui.

(Justice Kennedy’s defense of Hawaii as a conference venue, after the jump.)

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Jaynie Mae Baker

* What do Tiger Woods’s sexts, Anthony Weiner’s wiener, and the newsworthiness exception to copyright infringement have in common? They’re all in this colorful Ninth Circuit dissent. [National Law Journal]

* Dewey have any idea when this “clawback” deadline will stop being extended? Partners have again been granted another extension to sign on the dotted line, but this time for only 48 hours. [WSJ Law Blog]

* If your reason for resigning from your position as a congressman has to do with “increasing parenting challenges,” becoming the managing director of Biglaw practice group likely isn’t a wise choice. [POLITICO]

* A shareholder suit filed against Goldman Sachs over mortgage-backed securities and early TARP repayment was dismissed. I didn’t watch the Daily Show last night, but I’m sure Jon Stewart had a great joke. [Reuters]

* Musical deans? Hot on the heels of Jeremy Paul’s announcement that he was leaving for Northeastern, Professor Willajeanne McLean has been appointed as interim dean at UConn Law. [Connecticut Law Tribune]

* Law school didn’t build that: as it turns out, a juris doctor isn’t as versatile a degree as it’s made out to be. Just because you managed to get a good non-law job, it doesn’t mean a J.D. helped you. [Am Law Daily]

* Jaynie Mae Baker, the Millionaire Madam’s sidekick, has struck a plea deal with the DA. She won’t be going to jail for her adventures in high-class hooking, and might walk away without a criminal record. [New York Post]

The information subpoenaed does not need to be relevant to a crime; in fact, it may be used to dissipate any suspicion of a crime.

Judge William Fletcher, in a Ninth Circuit decision ordering utilities companies to turn over customer records even without a warrant. The case, U.S. v. Golden Valley Electric Association, deals with Alaskans suspected of growing marijuana indoors.

No more misleading stats.

* The ABA adopted a rule that law school data must not be “misleading.” That rule of course means nothing unless the ABA has the will to enforce it. [American Bar Association]

* Posner, gay porn, and the future of the internet. Oh yeah, you’re clicking on this link. [Hollywood Reporter]

* Some Penn State trustees are filing an appeal over their NCAA sanctions. Yeah, because we really want a higher power to take a closer look at PSU. [ESPN]

* Alex Kozinski kind of apologizes for the 9th Circuit judicial conference in Maui. Kind of. [9th Cir. via How Appealing]

* I was in the opening segment of the new Planet Mancow show with Erich “Mancow” Muller. Apparently, I’m the only guy who thinks an Escape from New York scenario where everybody is armed is a bad thing. [Planet Mancow]

* Media bias isn’t necessarily what you think it is. [The Atlantic]

It is a part of our circuit. We wish people would pay attention to that. It’s more often held elsewhere than it’s held in Hawaii. It’s often held in California. There’s a great concentration of judges and attorneys in California.

David Madden, public information officer for the Ninth Circuit, refuting Republican accusations that the appeals court is being wasteful by holding a conference for federal judges in Hawaii.

* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly]

* Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business]

* AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice]

Laura Flippin

* Speaking of DLA Piper lawyers, just before she was found guilty of public intoxication, partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat]

* Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun]

* Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal]

* Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zachary Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]

QE's Kathleen Sullivan as Lawyer Barbie

* Dewey know the firms that have been tapped to represent the groups that this failed firm owes money to? Yes, we do! Brown Rudnick for the unsecured creditors’ committee, and Kasowitz Benson for the former D&L partners. [Am Law Daily (sub. req.)]

* The Ninth Circuit is supposed to be issuing an order today regarding an en banc reconsideration request on the Prop 8 case. They really ought to slap a big fat denial on that motherf’er and call it a day so we get some SCOTUS action. [Poliglot / Metro Weekly]

* Matthew Kluger, most recently of Wilson Sonsini, has been sentenced to 12 years in prison, which is the longest sentence that anyone’s ever received in an insider trading case. Uh yeah, he’ll be appealing. [Wall Street Journal (sub. req.)]

* Hughes Hubbard & Reed has billed more than $17M in the first four months of its work on MF Global’s unwinding. Will the firm will be handing out spring “special” bonuses like they did last year? [Reuters]

* Mattel is appealing MGA’s $310M copyright award, claiming that the judgment was based on “erroneous billing invoices.” Don’t you call my billable hours into question, Kathleen Sullivan. [National Law Journal]

* Jerry Sandusky’s accusers will be named in court thanks to this judge’s ruling. But don’t worry — there’s no tweeting, texting, or emailing allowed in his courtroom. Like that’ll make a difference. [Legal Intelligencer]

* Trust me, I’m a lawyer: a now-disbarred Colorado attorney managed to scam a convicted con artist out of more than $1 million. Now that’s some pretty sweet karmic intervention for you. [Missouri Lawyers Media]

* A bus driver is suing a hospital because he claims that instead of treating his painful erection, the staff watched a baseball game on TV. Whatever, that was a really great Yankees game. [Associated Press]

Seriously?

* The bassist of The Vandals, an 80s punk band famous for songs like “Anarchy Burger (Hold the Government),” is running for judge in southern California. Man, I would love to see his campaign video. [The Atlantic]

* Congratulations to Judge Morgan Brenda Christen, the first Alaskan woman to join the Ninth Circuit. [Courthouse News]

* It’s hard out here for a transfer student. [Inside the Law School Scam]

* Can a judge force you to turn over your Facebook status updates? Inquiring minds want to know when you ate your grilled cheese sandwich, and when you fed your cat. [The Volokh Conspiracy]

* Do you think the Divorce Hotel takes a AAA discount? Are they available for corporate retreats? Do you need to book a separate bedroom for the kids? [Legal Blog Watch]

* Take note, future political candidates: when the going gets tough, the tough get going change their legal name to a website URL. [Legal Juice]

Really, judge? Really?

* Dewey have any cash to pay the people helping to wind down our firm’s business? Nope! Even though JPMorgan backed D&L’s $8.6M motion to fund the firm’s ongoing operations, Judge Glenn insisted that the bank “[r]oll [its] truck up and start collecting accounts receivable.” [Am Law Daily (reg. req.)]

* “Don’t tase my baby, bro!” SCOTUS has declined to review a case where the Ninth Circuit ruled that the use of a Taser on a seven-month pregnant woman constituted excessive force. [Thomson Reuters News & Insight]

* “The jury has sent a note that they’ve reached… [dramatic pause] … a good stopping point.” Judicial humor lightened the mood after the seventh day of deliberations without a verdict in the John Edwards trial. [ABC News]

* Dharun Ravi finally issued an apology for his “stupid and childish” behavior, and he’ll be heading off to serve his 30-day jail sentence on Thursday. And you know, that jail sentence is joke enough for this blurb. [CNN]

* “Dumb Blonde” isn’t a name that Elizabeth Warren takes too kindly to being called. She much prefers the name that her Native American ancestors bestowed upon her: “Running Joke.” [San Francisco Chronicle]

* Four of the alleged victims in the Jerry Sandusky case have asked the court to protect their identities. It’s kind of like the Michael Jackson case, but everyone cares more because this one involves football. [Bloomberg]

* Hundreds of lawyers, notaries, and other legal professionals took to the streets in Montreal earlier this week to publicly protest Bill 78, a law that limits public protests. That’s so meta, eh Canadians? [Montreal Gazette]

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