Sidney Spies
* Justice Ruth Bader Ginsburg thinks Roe v. Wade was a mistimed ruling, saying things would be different today if the court had been more “restrained.” Well, wire hanger sales would be up, that’s for sure. [CBS News]
* Bait and switch of the day: personal injury firms are enticing plaintiffs to sue with promises of free iPads, but they may never see them. Blame England for this one. At least it’s not happening in America… yet. [Daily Mail]
* Netflix is settling its nationwide video privacy lawsuit for $9M. It’s embarrassing enough that you know you watched the Twilight saga so many times. Netflix doesn’t need to keep your shame on record. [paidContent]
* Remember Sidney Spies, the sexy First Amendment freedom fighter? Her final yearbook photo submission was rejected, and now her family wants to file a complaint — because nobody’s gonna tell their daughter that she can’t look like a skank. [ABC News]
* Roger Aaron, one of Skadden’s most prominent mergers-and-acquisitions partners, RIP. [WSJ Law Blog]
* Obama took a break from his vacation to sign the NDAA. But don’t worry, as long as he’s president, he’ll never indefinitely detain American citizens. Oh boy, we get a one-year guarantee. [New York Times]
* “By your powers combined, I am Captain Primary!” Four Republican presidential candidates are joining forces to assist Rick Perry in his quest to conquer Virginia’s evil election laws. [Bloomberg]
* 31% percent of lawyers are planing to make new hires in the first quarter of 2012. The other 69% are busy doing Scrooge McDuck-esque swan dives into vaults full of money. [Washington Post]
* What will happen as a result of non-lawyer firm ownership? More money may be good for lawyers, but not clients. But if it leads to bigger bonuses, most lawyers won’t care. [Corporate Counsel]
* Howrey going to get out of these class action cases? Howrey going to pay the rent? Screw all of that, here’s the most important question: Howrey going to get paid? [Am Law Daily]
* Here’s something for all of the Roe v. Wade opponents to celebrate: two doctors have been charged with murder for performing late-term abortions in Maryland. [Star-Ledger]
* And in other abortion news, according to a lawsuit, babies are no longer kosher at this Long Island deli. A woman claims her boss forced her to lose her kid or lose her job. [New York Post]
* In case you missed our coverage on these cases, the Institute for Legal Reform is rehashing last year’s craziest lawsuits in its survey of the Top Ten Most Ridiculous Lawsuits of 2011. [Yahoo!]
Has anybody significantly changed their mind on the topic of abortion since they first formed their opinion on the issue? One believes what one believes on the issue, and any mind changing that happens occurs among the privacy of friends and family.
You know what’s never happened? A rational discussion about abortion rights that started because a Student Bar Association president sent an email. The only thing that happens when somebody starts screaming about abortion is that somebody else screams back.
Luckily, the SBA email about a defaced abortion poster that we’re about to show you is so over the top that it’s more funny than annoying….
Continue reading “Abortion: Exactly the Kind of Thing You Want to Talk About in a Bitchy Email”
* Yet another appeals court has has ruled that Obamacare is constitutional. Aww, can’t we wait for the other side to catch up a little before it goes to the Supreme Court? [Wall Street Journal]
* How did it go for this controversial ballot initiative? As it turns out, the personhood amendment was so stupid that it couldn’t even pass in Mississippi. Color me surprised. [New York Times]
* Raj Rajaratnam has to pay $92.8M in penalties in his SEC case, but come on, he’s a billionaire. Much like the honey badger, Raj don’t care, and he certainly don’t give a sh*t. [Bloomberg]
* We thought this might be a swing and a miss, but the Dodgers won approval to pay Dewey & LeBoeuf and Young Conaway after hitting the Trustee’s curveball out of the park. [Businessweek]
* Best use of footnotes ever? Pitbull’s lawyers are trying to get LiLo’s case against him removed to federal court, and gossip rags are cited in the footnotes more than law. [Hollywood Reporter]
* “Rising tuition. Misleading employment statistics. Inadequate skills training.” So what are legal educators doing about it? Blogging, of course. [Law School Review]
* Trendspotting: cute judges the federal bench? The Senate has confirmed Loyola Law professor Stephen Higginson for a seat on the Fifth Circuit. [National Law Journal]
* People in New Jersey have morals. Who knew? When faced with aborting babies or aborting their careers, some nurses from UMDNJ decided to sue. [Washington Post]
* Elbert Lin is returning to Wiley Rein after a stint clerking for Clarence Thomas. We wonder what his wife would say about him if he was one of her LEWW contestants? [Blog of Legal Times]
* Another Real Housewife of New Jersey is facing legal troubles, but this time to the tune of $7.8M. Sorry Teresa, but at least Jacqueline Laurita’s got her hairline under control. [Huffington Post]
* Is Justin Bieber the father of a baby, baby, baby? That’s what a 20-year-old from California says, and she wants a paternity test to prove it. [New York Post]
That headband looked much better on the Childlike Empress in Neverending Story.
* Next week, people in Mississippi are going to vote on whether a clump of cells is a “person.” Are we really going to put this into the hands of people who can’t even spell the name of their own state? [New York Times]
* If you’re a trial lawyer, even imaginary friends will do. [Underdog]
* Finally, something entertaining and informative from a law professor that doesn’t cost $100,000: a series of rich shorts to give junior associates enough basics to avoid embarrassment when corporate assignments are handed out at the firm. [YouTube]
* I really wish that this comedian would actually sue Kim Kardashian over her sham marriage. Seriously. Next time, try to stay married until I finish watching your two-part wedding special. [VICE]
* Have you guys been wondering about Juggalo Law’s whereabouts? This might explain his absence. [Hit & Run / Reason]
* I am the 1%. And by that, I mean that I’m probably in the 1% of people who do not give one damn about this social movement. [Actually You're the 47%]
My court has, by my lights, made many mistakes of law during its distinguished two centuries of existence. But it has made very few mistakes of political judgment, of estimating how far … it could stretch beyond the text of the constitution without provoking overwhelming public criticism and resistance.
Dred Scott was one mistake of that sort. Roe v. Wade was another … And Kelo, I think, was a third.
– Justice Antonin Scalia of the United States Supreme Court, commenting on several cases in which he believed SCOTUS had made mistakes of political judgment. His speech was given at the Chicago-Kent College of Law (which, as you may recall, is facing a potential class action suit over its post-graduate employment data).
* Mississippi’s “personhood” ballot measure could ban not only abortion, but birth control, too. This is supposed to “protect women.” Protect women from what, their right to choose? [Huffington Post]
* This defense attorney has seen plenty of big cases before, but this may be his biggest one yet. Paul Bergrin has been given the green light to represent himself in his own racketeering case. [The Record]
* More doctors are facing criminal charges than ever before. Here’s an idea: stop helping cultural icons (yes, this includes Anna Nicole) OD, and we’ll stop prosecuting you. [Thomson Reuters News & Insight]
* Raj Rajaratnam still has no idea why he’s been convicted of insider trading, but he’ll have plenty of time to ponder the law if he gets the maximum sentence later this month. [Bloomberg]
* “One of the plaintiffs, Kyle Rooker, 14, has not declared his sexual orientation but . . . likes to wear glittery scarves and belt out Lady Gaga songs.” Most fabulous plaintiff ever? [New York Times]
* Why the hell does Baker & McKenzie think that its associates in Japan need spiritual guidance? Everyone knows that lawyers have no souls. [Careerist]
We briefly mentioned a lawsuit over the new ultrasound-before-abortion law in Texas back in June, and now it has turned into a full-blown media circus. The suit argues that this new law is unconstitutional, and it was brought by a group of Texas doctors who are being represented by the Center for Reproductive Rights. The case is being presided over by Judge Sam Sparks of the United States District Court for the Western District of Texas.
And thanks to Judge Sparks, sparks themselves are flying in his courtroom. Lawmakers have tried to intervene in this controversial abortion case at least twice before, and each time, Judge Sparks has politely rejected their attempts to butt in with their amicus briefs. The courtroom, as Judge Sparks sees it, is simply no place for political grandstanding.
But Judge Sparks must have been at his wit’s end with all of these amicus interlopers, because his last order with regard to the subject is anything but polite. You know you’re screwed when a judge has essentially called you an incompetent imbecile….
Continue reading “Benchslap of the Day: Sparks Fly When Judge Calls Lawyer ‘Incompetent’”
Why your 3,500 sq ft wife shouldn't be driving a Lexis.
* Maybe we need law school law firms in the first place because law school professors — the ones who drill law into our heads for 3 years — are “incapable of practicing law.” [Adjunct Law Prof Blog]
* “Boss, I’m stuck in traffic. No, I’m literally stuck.” Driving your car into wet concrete is a pretty great way to perpetuate the stereotype that women can’t drive. Thanks for that. [Daily Mail]
* Star Wars Old Republic ships in November, so clients better get used to the old, “I’m too busy playing video games to attend to your matter” automated message. [Legal Profession Blog]
* If you’re Asian American and you want to be a lawyer, according to Lat it would be a good idea to have some social skills (not just study skills). [Northwest Asian Weekly]
* If you’re still thinking of taking the LSAT in October, get a leg up on the competition by getting inside the mind of one of the nerds who helped write questions for the test. [LSAT Blog]
* Proofreading is probably something that we here at Above the Law could stand to actually do every once in a while. [What About Clients?]
* Apparently, Tom Coburn forgot about the “tremendous advantage” he received from rich daddy Coburn of the “O.W. Coburn School of Law” Coburns. [Gawker]
* Alabama, I think you might be doing it wrong. Men aren’t supposed to get hosed at abortion clinics. [Constitutional Daily]
* A federal judge in Kansas has given Planned Parenthood’s Abortionplex a new lease on life. [WSJ Law Blog]
* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]
* Interesting thoughts from Scott Greenfield on making executions public. I certainly don’t oppose more-comprehensive coverage of the criminal justice system in general. [Simple Justice]
* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]
* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]
* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]
* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]
* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]
* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]
* Keep It Simple: a commendable theme for Blawg Review #313. [Patent Baristas via Blawg Review]
Why don't you ask Kay Adams what she thinks about father's rights.
I’m all for father’s rights. I think they should be co-equal with mother’s rights just as soon as the child is born.
Before the child is born? When we’re just talking about cells that are parasitically living off of the mother in an invasive way as they mangle the woman’s organs, while the father says things like “you want ice cream and pickles, jeeze” then I think it’s okay to have the mother’s rights supersede the father’s.
Of course, there are tough cases. When the mother wants to get an abortion while the father wants her to bring the child to term, the situation calls for a reasoned and compassionate solution. As we think through what to do in these situations, we need calm and respectful discourse.
You know, the kind of things that work great on a giant billboard in the center of town…
Continue reading “Pro-Life Billboard or Harassing Invasion of Privacy?”
When Focus on the Family CEO Jim Daly recently conceded that opponents of gay marriage had “probably” lost in their efforts to convince young Americans that gay marriage is evil baloney, there was much celebration in circles that celebrate such things. I have it on good authority that Elie let out a big whoop upon hearing the news. Then he quickly got angry as hell about something or other. That guy.
Now that Christian conservative groups have given up trying to convince young people that gay marriage is wrong, they can redouble their efforts on the cinematic front. And that is something that we can all agree is great. Just great.
After the jump, enjoy the trailer for a movie that promises to do for the abortion issue what a banana did for the evolution issue (evolution is not an issue).
The film is called Come What May, and it involves a moot court competition and young love. And dead babies? Yeah, it mentions that once or twice….
Continue reading “Roe v. Wade v. Siskel v. Ebert”
Lat’s at NALP – 2011. If you don’t believe me, see Above the Law, April 26, 2011.
If he was here, maybe we’d have the resources to give each of these entertaining lawsuits the full posts they deserve. Instead, it’s just me, and I’m a little pressed for time now that Harvard has decided to release the transcripts of every black person ever admitted so it can prove that we were all more deserving than George W. Bush.
So we’re going to have to tackle three fun lawsuits in one post. Breathe deep and smell of funny, my friends…
Continue reading “Lawsuit(s) of the Day Potpourri”
Jay Z (aka Shawn Corey Carter)
* A Libyan woman is being sued for slander over her rape allegations. Is this how the Libyan militiamen serve and protect their country? [Boston Globe]
* Call this one a learning experience. Pictures of things we now know we can’t post on Facebook: placentas, dead girls. [CNN Justice]
* Jay-Z is down to 98 problems, and that bitch Big Papi ain’t one. [New York Daily News]
* Are your tiny balls a matter of public record? Jason Giambi’s are after testifying at the Barry Bonds trial. [Bloomberg]
* Law firms will now receive a gold star if their women are making it rain. Guess my firm is out, I’m only making it hail. [National Law Journal]
* Michigan’s Attorney General, Bill Schuette, is suing a clinic offering non-peer abortions. [Chicago Tribune]
* Protip: if you’re going to pistol-whip your mom until she buys you a car, at least force her to buy you a new one. [ABA Journal]
When in need of a pic of a T.V. cheerleader, am I right to go with Minka Kelly over Hayden Panettiere? Can we get some kind of ruling on this?
* Is it possible that in South Dakota you have to go through a shorter waiting period to buy a gun and shoot someone who is already alive than you have to go through in order to have an abortion? Could somebody check on that? [MSNBC]
* Did you see this chart showing that law professors make more than all other professors at the college level? I think I forgot to mention it because when my brain sees such horrible atrocities it enacts self-defense protocols and deletes the knowledge from my… Did you see this chart showing that law professors… [Chronicle of Higher Education]
* Same-sex couple gets deportation put on hold to pursue marriage-based immigration case. I think we’re all safer when Homeland Security isn’t run by Leviticus. [Stop the Deportations]
* If cheerleading were a real sport, this lawsuit might be really interesting. [Jezebel]
* If you think our coolest law firm bracket is dorky (don’t forget, voting ends tonight at midnight), you should check out what the bankruptcy people at Weil are up to. [Bankruptcy Blog]
* Once you get off the legal treadmill, do you ever have the urge to go back? “… That’s pride f**king with you. F**k pride.” [Law and More]
* If you think about it, pay raises should really come in the spring, when everything is new and happy, instead of the middle of winter, when everything is cold and dead. [What About Clients?]
* An obituary for Warren Christopher, former O’Melveny partner (and secretary of state, too). [Huffington Post]
Delaware Senate candidate Christine O’Donnell may not be a witch, but she won’t be mistaken for a legal scholar either. In last night’s debate, when asked by moderator Nancy Karibjanian to name a recent U.S. Supreme Court decision with which she disagrees, O’Donnell came up empty. After Karibjanian noted the important responsibility that senators have to vote on appointments to the Supreme Court, this exchange ensued:
KARIBJANIAN: What opinions of late that have come from our high court do you most object to?
O’DONNELL: Oh, gosh, um…. Give me a specific one, I’m sorry.
KARIBJANIAN: Actually, I can’t, because I need you to tell me which ones you object to.
O’DONNELL: Um, I’m very sorry…. Right off the top of my head, I know that there are a lot. I’ll put it up on my website, I promise you.
Maybe this Mama Grizzly needs to crawl back to the den and curl up with some slip opinions?
But wait! We offer a defense of O’Donnell, who partially redeemed her initial flub, plus video — after the jump.
Continue reading “Christine O’Donnell Pulls a Palin and Flubs a SCOTUS Question”
Over on the website of the New Yorker, Jeffrey Toobin has a nice post on how Elena Kagan deftly finessed the “gays in the military” / Solomon Amendment issue while serving as dean of Harvard Law School. It’s an interesting read; check it out here (via Dahlia Lithwick’s Twitter feed).
Alas, these days Toobin is apparently busy with pursuits other than journalism. Over the weekend, the New York Daily News provided a rather salacious update on his alleged affair and resulting love child with Casey Greenfield — the Gibson Dunn litigator, daughter of well-known political pundit Jeff Greenfield, and a media figure in her own right….
Continue reading “The Jeffrey Toobin / Casey Greenfield Drama Rolls On”
Erlyndon Joseph Lo, 27, graduated from Southern Methodist University Dedman School of Law in 2007. Lo is a devout Catholic and has been using his knowledge of the law to fight abortion.
We must add that his knowledge of the law appears to be shaky.
In March, he sued the U.S. Supreme Court, asking the justices to render abortion illegal. He also asked for $999 trillion in damages and $1,000/hour for attorney’s fees. According to his website:
The “CAUSE STYLE:” is ERLYNDON J. LO V. ROBERTS, ET AL. (This is a class action lawsuit, with me versus the 9 members of the Supreme Court.) This cause of action (lawsuit) will take place in the “UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS”. Ultimately, I will win this case without any doubt.
While that case is pending, Lo decided to take another legal action on Friday: seeking a restraining order against police as he planned to use “deadly force” against an abortion clinic that afternoon…
Continue reading “SMU Law Grad Morphs Into Anti-Abortion Warrior”
Is a miscarriage murder? In Utah, they aren’t quite going that far, but they do want to punish women who “recklessly” miscarry. The Salt Lake Tribune reports:
The Utah Senate has joined the House in allowing homicide charges against expectant mothers who arrange illegal abortions.
The bill responds to a case in which a Vernal woman allegedly paid a man $150 to beat her and cause miscarriage but could not be charged. The Senate on Thursday approved HB12 on a vote of 24-4, criminalizing a woman’s “intentional, knowing, or reckless act” leading to a pregnancy’s illegal termination. It specifies that a woman cannot be prosecuted for arranging a legal abortion.
The bill awaits the Governor’s signature.
How do you say “overbroad” in language a Ute would understand?
It seems to me that applying a recklessness standard to prenatal care is Utah’s way of saying “If you are pregnant, you best be barefoot.”
So, what might the Utah law penalize?
Continue reading “Utah Punishes Failed Mothers”
