Anna Nicole Smith

Anna Nicole Smith ANS pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law ANS.JPG* Are we really gonna let this guy spend 10 years in jail for a BJ? [New York Times via How Appealing]
* Bizarre Anna Nicole Smith saga continues to be so. [CNN]
* Portland lottery winners fight for their right to party. [CNN]
* XM gets Sirius about making profits; will the merger be allowed by regulators? [Washington Post]
* Parker Posey’s character in “The House of Yes” would appreciate this. [AP via Yahoo!]

Anna Nicole Smith 2 J Howard Marshall Anna Nicole Smith J Howard Marshall Anna Nicole Smith pic picture photo photograph.JPGThe will of Anna Nicole Smith, aka Vickie Lynn Marshall, is now available. You can check it out here (PDF).
We haven’t read it yet; right now we’re in another panel at the NYLS conference. But we welcome your thoughts on it in the comments to this post.
To get things started, the CNN article about the will is available here.
Anna Nicole Smith’s will is revealed [CNN]

Anna Nicole Smith ANS pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law ANS.JPG* Lawyer was grand jury leak in BALCO case. [MSNBC]
* Justice Kennedy: Pay the judges! [Law.com]
* Notre Dame’s Coach Weis testifies in gastric bypass malpractice case. Tom Brady may testify. [
CBS Sportsline]
* Judge allows burial of Anna Nicole Smith. [MSNBC]
* Should you marry a lawyer? [WSJ Law Blog]

Anna Nicole Smith kissing J Howard Marshall kiss Anna Nicole Smith ANS J Howard Marshall Above the Law.jpg* The next great chapter in first-year Contracts: stupid sports bets. [CBS]
* What’s a little software piracy between post-Cold War friends, right? [CNN]
* Soldiers busted for bribes in Iraq contracts. [MSNBC]
* Lawyer takes advantage of that First Amendment right to petition the government for a redress of grievances… And it works! [WSJ Law Blog]
* “The Litigation-Filled Life of
Anna Nicole Smith, and the Legal Aftermath of Her Demise” [FindLaw via How Appealing]

Anna Nicole Smith J Howard Marshall Anna Nicole Smith J Howard Marshall Anna Nicole Smith pic picture photo photograph.jpgAs we mentioned yesterday, victorious Supreme Court litigant Anna Nicole Smith has passed away. She was 39, and the circumstances of her death are still being investigated. Here were some of your comments:

“ANS, we’ll miss you. We celebrate your reunion with your son, and we mourn your separation from your newborn daughter. Thanks for showing us all that it’s never too late to reinvent yourself.”

“I feel so bad about the fact that there is a little baby with no mom.”

“This is our Princess Di, people!”

By email, we received this interesting news:

Anna Nicole Smith’s late husband, J. Howard Marshall, was a big donor to Yale Law School [where he once served as assistant dean and taught Trusts and Estates].

When he died, and it immediately became clear that there would be a dispute over the estate, there was an internal debate whether Yale Law Dean Tony Kronman should attend both of the dueling memorial services — the staid family affair, and the one featuring Anna Nicole Smith spilling out of her dress and singing “Wind Beneath My Wings.” I believe he only went to the former.

Also, there is a great picture of the happy couple from around the time of their engagement or marriage. He looks old and frail but has the biggest s***-eating grin you have ever seen.

We think we’ve found that photograph. Is this the right one?
Anna Nicole Smith Dead At 39 [Access Hollywood via Drudge Report]
Earlier: Breaking: Anna Nicole Smith, Successful Supreme Court Litigant, Has Passed Away

Anna Nicole Smith pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law.jpgPlease observe a moment of silence for one of the most celebrated litigants in the history of the Supreme Court. Anna Nicole Smith was a fascinating personality, and one of the great beauties of our time.
From the Associated Press:

Anna Nicole Smith, the former Playboy playmate whose bizarre life careened from marrying an octogenarian billionaire to the untimely death of her son, died Thursday after collapsing at a South Florida hotel, one of her lawyers said.

Smith, 39, collapsed and was unresponsive while staying at the Seminole Hard Rock Cafe Hotel and Casino, said the attorney, Ron Rale. She was rushed to a hospital.

Smith had been a tabloid staple even before she became Playboy’s playmate of the year in 1993. Readers were fascinated by her bombshell good looks, her marriage to an elderly billionaire and subsequent court fight over his estate, her weight fluctuations, and last year, the sudden death of her 20-year-old son, Daniel Smith.

A former topless dancer, she made her name squeezing into Guess jeans. She resembled the late actress Marilyn Monroe, a similarity played up in her Guess magazine ads, billboards and department store displays.

But unlike most other “tabloid staple[s],” Smith’s significance was legal as well as cultural. How many people can claim to have appeared in both Page Six and U.S. Reports? As the petitioner in Marshall v. Marshall, Anna Nicole Smith helped clarify (1) the scope of the “probate exception” to federal jurisdiction, and (2) its applicability to cases that do not directly involve the administration of a will or estate.
We overuse the word “fabulous” around here. But just like Justice Potter Stewart, “we know it when we see it” — and Anna Nicole Smith was it. She will be missed, by celebrity and Supreme Court groupies alike.
Update (5 PM): A most interesting comment:

Her ex-husband was a graduate of our host’s alma mater — Yale Law School. That makes her 2 degrees of academic separation from him.

J. Howard Marshall was an early figure in the legal realist movement and for a little while, an assistant dean at YLS and a colleague of William O. Douglas.

Anna Nicole Smith dies after collapsing at hotel [Associated Press via New York Daily News]
Marshall v. Marshall [Oyez.org]
Earlier: Prior ATL coverage of Anna Nicole Smith (scroll down)

Anna Nicole Smith ANS pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law ANS.JPG* The only diet aid that couldn’t be accused of false advertising is heroin, so lay off Anna Nicole. What can I say, I always root for the underdog. [Yahoo! News]
* You’d think he’d be immune to this kind of alleged ridicule, having had his name his entire life. Pecker, embrace it the way I do Stellaq.com; I can’t tell you how easy it is to find dates these days. [Smoking Gun via Gawker]
* Charlize used her celebrity to peddle her mom’s crocheted scarf/poncho things (unfortunately for her mom, mainly by wearing them in Sweet November). So don’t tell me she can’t wear this luxury watch on an exclusive basis for “substantial funds.” [Courier Journal]
* He’ll still have to explain (a) the coke, (b) the 16-year-old girl, and (c) the motel. But at least dinner won’t revolve around why Daddy’s in jail. (Although it’s only a matter of time.) [Philadelphia Will Do; Bucks County Courier Times]

* “[P]rosecutors will be investigating the backdating of stock options by companies for ‘years to come.’” [WSJ Law Blog]
* “A state appeals court on Thursday rejected a lawsuit by a boy who wanted to compete on his high school’s girls’ gymnastics team.” [Sports Illustrated]
* Anna Nicole gets booted from another ex-boyfriend’s mansion. [CNN]
* DHS wants to know what you eat on the airplane… [CNN]
* … and your boss wants to know what your IMs say (e-discovery). [MSNBC]

evan caminker 4 evan h caminker dean caminker.JPGasha rangappa 2 asha rangapa asha ranggappa asha ranggapa.JPG* This week we crowned America’s hottest law school deans: Evan Caminker, of Michigan, and Asha Rangappa, of Yale. When contacted by ATL, both of them issued gracious statements.
* So there’s no contest for you to vote in over the weekend. But please participate in our informal reader poll, seeking to ascertain your Favorite Supreme Court Justice.
* Speaking of the justices, don’t they have more important things to fight over than grammar? And who knew that bright-line Nino could be so nuanced?
* A theme for this past week: Celebrities’ legal woes. E.g., Michael Jackson, Lindsay Lohan, Wesley Snipes, Madonna, and Anna Nicole Smith.
* Another theme: Getting off. E.g., Junior Gotti, Nathan Hecht, and the Duke lacrosse team (but from “innocent sexual activity”).
* Second Circuit Judge John M. Walker hits a New Haven police officer in a traffic accident. The matter is under investigation.
* Global warming practice groups — are they heating up? Or are they the next “Y2K” practice groups?
* Eh, what do you care? You can’t get a Biglaw job anyway — they’re all going to Canadians.
* Team ATL has a new recruit — and he’s proud to be an American. Meet B Clerker.
* If you hate kids, then stop reading here. But if you like ‘em, then click here, scroll down, and read about the amusing antics of attorney spawn.

anna nicole smith.jpgProfessor Laura Appleman, who teaches at Willamette University College of Law and blogs at Legal Ethics Forum, has just written a fascinating and fun piece about the Anna Nicole Smith saga. Appleman examines the relationship between Smith and her attorney-cum-paramour, Howard K. Stern, from a legal ethics perspective.
Even those of you whose recollections of legal ethics are fuzzy have probably thought there was something fishy about Stern’s conduct. Well, you thought right. Appleman offers a laundry list of legal ethics rules that Stern may have violated.
We commend the entire piece to you. But those of you who sitting for the Multistate Professional Responsibility Exam on November 4 will especially appreciate this excerpt:

[H]ere’s our first problem: Assuming, as we are, that our fictional lawyer is sleeping with his fictional client, that said fictional lawyer has allegedly impregnated said client, and that there are some competing paternity claims, what is the best course for the lawyer to pursue?

Is it (a) withdraw from the representation of the client and advise her to seek objective counsel; (b) withdraw from the representation and engage counsel of his own to litigate the paternity claim; (c) withdraw from the representation, engage his own counsel, and appoint a guardian pro tem for the child; or (d) all of the above, while also retaining complete confidentiality of the client’s information, including any client information that affects his personal interests?

Apparently, Stern instead chose (e) continued representation of the client, failure to retain counsel for himself or the child, and disregard for the confidentiality of the client’s information. Stern, an overachiever, decided to accomplish this last goal in most dramatic fashion by outing himself as the putative father on “Larry King Live.” And although there is no specific Rule 1.6 prohibition on “Larry King Live” appearances (not even in the Comments—trust me, I looked), I think we can safely assume that flaunting your client’s secrets on national television is verboten.

And you thought WE were snarky…
(Disclosure: We went to law school with Appleman. And yes, she was hilarious back then, too.)
Please Don’t Squeeze the Client [Law.com]

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