Barack Obama

* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]

* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]

* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]

* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]

* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]

* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]

* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]

Scalia’s buddy?

* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]

* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]

* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]

* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]

* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]

* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]

* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]

* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]

* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]

I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.

While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.

My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .

double red triangle arrows Continue reading “When Democracy Hurts: The Painful But Legitimate Debate Over Obamacare”

Dzhokhar Tsarnaev

* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]

* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]

* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]

* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]

* No debacles here, contrary to past precedent: Kasowitz Benson poached two superior legal minds from NBCUniversal and welcomed them to the firm to open an entertainment litigation practice. [Bloomberg]

* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]

On Tuesday night, President Obama asked Congress to delay a vote authorizing military action against Syria. During the same speech, however, he reserved what he claims is his right as commander-in-chief to act independently if Congress fails to go along with his proposals.

Sen. Bob Corker, the senior Republican on the Foreign Relations Committee, earlier said that members of the administration would be “far better off if they seek authorization based upon our national interests, which would provide the kind of public debate and legitimacy that can only come from Congress.”

Better off? A unique legitimacy coming only from Congressional approval? Is that just a helpful suggestion to the president or a claim of actual authority?

Let’s all hope for diplomatic solutions with the Assad regime. Let’s hope for consensus at home. But let’s also hope for thirty-hour work weeks, traffic-free commutes, and calorie-free cheese. Then, let’s talk about who gets to decide where American forces go when push comes to shove….

double red triangle arrows Continue reading “Obama’s Right To Be Wrong: Presidential Power And Military Action”

The third year of law school?

* Biglaw’s billing bonanza: at least 12 firms are advising on the multi-billion dollar deals going on between Microsoft / Nokia and Verizon / Vodafone, and Simpson Thacher landed a seat on both. [Am Law Daily (sub. req.)]

* Standard & Poor’s is now accusing the Department of Justice of filing its $5 billion fraud lawsuit in retaliation for downgrading the country’s credit rating. Aww, we liked the “mere puffery” defense much better. [Reuters]

* The new ABA prez doesn’t think Obama meant what he said about two-year law degrees. He thinks it’s about cost. Gee, the ABA should probably do something about that. [National Law Journal (sub. req.)]

* Meanwhile, New York Law School wants to condense its offerings into a two-year honors program that comes complete with a $50,000 scholarship. Sweet deal if you can get it, but it sounds like most people won’t. [Crain's New York Business]

* Stewart Schwab, the dean of Cornell Law School, will be stepping down at the end of the academic year. The search for someone new to oversee the filming of amateur porn in the library is on. [Cornell Daily Sun]

* Crisis? What crisis? Nothing is f**ked here, dude. Amid plummeting applications, GW Law increased the size of its entering class by about 22 percent. The more lawyers, the better, right? /sarcasm [GW Hatchet]

* Jacked up! Attorneys for NFL player Aaron Hernandez got a stay in the civil suit accusing the athlete of shooting a man in the face until after the athlete’s murder charges have been worked out. [USA Today]

* We bet you never thought you’d be spending Labor Day weekend debating with your relatives the legality of a U.S. military strike on Syria and the intricacies of international law. Gee, thanks President Obama. [CNN]

* Over the long holiday weekend, Justice Ruth Bader Ginsburg served as officiant at the gay wedding of John Roberts. No, not that John Roberts, but what an incredibly apropos coincidence that was. [Washington Post]

* Speaking of same-sex marriage, even though “[n]o one told [him] it was an easy job when [he] signed on,” Justice Anthony Kennedy revealed himself to be an ally of the gay rights movement. [New York Times]

* Two days after filing an appeal with the Third Circuit, the parents of a deceased Cozen O’Connor partner have ended their battle to deny their daughter’s profit-sharing benefits to her wife. [Law360 (sub. req.)]

* Twitter’s general counsel deactivated his account position with the social media giant, and looks forward to “goofing off.” Congrats to Vijaya Gadde, who will head up the company’s IPO. [Bits / New York Times]

* Biglaw’s latest scapegoat for the culling of the associate herd is the decline of Chapter 11 filings, otherwise known by industry insiders as the “bankruptcy recession.” [New York Law Journal (sub. req.)]

* Without any rabbits left to pull out of hats, it’s been predicted that by 2018, the Magic Circle will be no more. This is one disappearing act lawyers obsessed with prestige hope will never happen. [The Lawyer]

* If you want to learn more about fashion law, check out this interview with Barbara Kolsun, a woman who literally wrote the book on it (affiliate link) while serving as general counsel at Stuart Weitzman. [Corporate Counsel]

* So what has Kenneth Randall been up to since he left the deanship at Alabama School of Law? He’s working to “train law students for jobs that don’t require a bar license” over at InfiLaw. Awesome. [Tuscaloosa News]

* Legal commentators like Elie and Lat would be ecstatic if law school were two years long, but because so many others have a “vested interest in the status quo,” change will come at approximately half past never. [CNBC]

* Ronald H. Coase, influential legend of law and economics and Nobel prize winner, RIP. [Chicago Law]

* Fort Hood shooter Major Nidal Hasan gets the death penalty. Looks like that gradual end of the death penalty won’t be fast enough for him. [CNN]

* Man gets 30 days in jail for raping a 14-year-old who later killed herself. The judge explained that he’d already been punished with “the scarlet letter of the internet.” The new sentencing guidelines are really web-literate. [Jezebel]

* Infilaw is taking over Charleston School of Law eliminating all the pretense. [Post and Courier]

* On that note, Steven J. Harper discusses President Obama’s call to eliminate the third year of law school. Simpler Harper: Law schools and the ABA are too vested in ripping off students to listen to reason. [Chronicle of Higher Education]

* The “most intimidating man in hip-hop” is a Columbia Law grad. Hip-hop has come a long way from allegedly dangling rappers off hotel balconies. [GQ]

* The Internet Strikes Back: A new crowdsourcing tool tracks IP trolls. [Technology Law Source]

* A call for former law clerks to fight for an end to sequestration. [Judicial Clerk Review]

* The state-legal yet federal-illegal status of medical marijuana leads to some very complex tax returns. You should smoke up to take the edge off. [TaxProf Blog]

* For those beginning law school, here’s some advice from the National Women Law Students’ Organization. [Ms. JD]

Student loans are a real bitch, and declaring bankruptcy won’t even save you from them — unless you can prove you’ve got undue hardship and a “certainty of hopelessness” about you, which most people have too much pride to admit. Without government payment plans like Income-Based Repayment, Pay As You Earn, and Public Service Forgiveness, a much larger portion of our population would be living in a van down by the river, still drowning in educational debts, but too far off the grid for the bill collectors to come a-knocking.

This is why people absolutely lost their minds when the Daily Currant, a satirical online newspaper, published a story about President Barack Obama’s supposed bid to forgive all student loans. Given the responses, it looks like the youth of America is still in need of some change they can believe in…

double red triangle arrows Continue reading “Will Twerk For Loan Forgiveness! Ridiculous Responses To Obama’s Fictional Student Debt Plans”

Former constitutional law professor and current President of the United States, Barack Obama, has decided to wade into the great law school debate by offering his “thoughts” on the length of law programs. On Friday, Obama said that he thought law school should just be two years instead of three.

Great. It’s nice to know what the President thinks. Too bad those thoughts aren’t backed up with the very simple actions necessary to make his dreams come true.

Obama’s thoughts touched off a weekend debate about the value of the third year of law school. I think I’m clearly on record saying the third year of law school is completely useless. There is no educational value to the thing, but law schools certainly make a lot of money off of it. David Lat and I will be discussing this in more depth on CNBC’s Power Lunch this afternoon around 1:00 p.m. EDT. Check it out.

Regardless of what you think about the value of the 3L year, the timing of Obama’s announcement is certainly curious. In June, Obama’s own Department of Education rubber-stamped ABA oversight over law school regulation and accreditation for another three years. Since the ABA is the organization most responsible for keeping law school at three years and preventing schools from experimenting with shorter programs, I can only assume that Obama’s statement was timed to be as useless as humanly possible…

double red triangle arrows Continue reading “Dear Obama, Instead Of Talking About Law Schools, You Could Actually Do Something”

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