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Breaking: John Edwards To Endorse Barack Obama

John Edwards Senator John Edwards ATL Above the Law blog.jpgThis is really political rather than legal news, so we will keep our commentary to a minimum. But it's big news that we thought you'd like to know right away.

Of course, all three of the involved candidates / ex-candidates -- Hillary Clinton, John Edwards, and Barack Obama -- are lawyers. And John Edwards, whose endorsement was coveted by the candidates and assiduously pursued, was a very successful practicing lawyer -- one of the country's top trial lawyers -- and not just a politician with a law degree. So there is a sufficient legal nexus here.

Edwards to endorse Obama [CNN / Political Ticker]

More Northwestern Commencement Controversy: The Rev. Jeremiah Wright

Jeremiah Wright Rev Jeremiah Wright Barack Obama Above the Law blog.jpgThis is slightly off the legal beat. But these days, everyone is talking about the Reverend Jeremiah Wright -- including lots of law professors (like Ann Althouse and Glenn Reynolds). And we also know how much you enjoy controversy over commencement speakers, especially at Northwestern University (where Jerry Springer is speaking at the law school's commencement this year).

So, with those connections in mind, here's some interesting news from late last week:

In a highly unusual move in the academic world, Northwestern University in suburban Chicago has publicly disinvited the controversial Rev. Jeremiah Wright from its June commencement ceremonies, where he was to receive an honorary degree.

It's another indication of the rolling repercussions of the retiring African American pastor's inflammatory comments on America, 9/11, race relations, the AIDs epidemic and Illinois' junior senator, Barack Obama.

From Northwestern's statement:

Dr. Wright was quoted as saying that his invitation to receive an honorary degree was withdrawn by Northwestern President Henry Bienen because Dr. Wright “wasn’t patriotic enough.” If Dr. Wright was quoted accurately, that statement is not true. In his conversation and correspondence with Dr. Wright in March, President Bienen never characterized Dr. Wright’s views or made a judgment about them. The letter said, “In light of the controversy surrounding statements made by you that have recently been publicized, the celebratory character of Northwestern’s commencement would be affected by our conferring of this honorary degree. Thus I am withdrawing the offer of an honorary degree previously extended to you.”

So, readers, any thoughts -- on Northwestern's withdrawn invitation, or on Reverend Wright more generally? Might he have a cause of action against Northwestern arising out of his "dis-invitation"?

(No, we don't seriously think that. But we're trying to give this post some connection to the law, however tenuous. And we figured that those of you who are studying for final exams might appreciate the challenge of trying to come up with a legal theory for such a lawsuit. Go ahead -- spot those issues!)

Collected Jeremiah Wright coverage [Althouse]
Statement Regarding the Rev. Dr. Wright [Northwestern University]
Jeremiah Wright axed from honorary degree by Northwestern U. [Top of the Ticket / Los Angeles Times]
Clyburn Blasts Wright for 'Knee-Capping' Obama [The Trail / Washington Post]

Obama Wises Up on Taxes

Barack Obama Senator Barack Hussein Obama Above the Law blog.jpgNo, not on your taxes. As far as we know, he still wants to raise them. See here and here, from Ted Frank.

We're talking about his taxes. From Professor Paul Caron:

Democratic presidential candidate Barack Obama yesterday released his 2007 tax return [PDF]. For the first time (perhaps after reading Why Didn't Obama Save for Retirement?), the Obamas contributed the maximum $45,000 to a SEP-IRA to shelter some of their book royalties.

For a chart showing more details -- including the Obamas' hefty adjusted gross income over the past few years, as well as how much they gave to charity (hint: way less than the Clintons) -- see here.

Obama Releases 2007 Tax Return [TaxProf Blog]

Morning Docket: 03.19.08

Barack Obama small Senator Barack Hussein Obama Above the Law blog.JPG* Collected coverage of yesterday's Supreme Court oral argument in District of Columbia v. Heller, the Second Amendment case concerning D.C. gun control. [SCOTUSblog (linkwrap); How Appealing (linkwrap)]

* NJ prosecutors subpoena records from JuicyCampus.com (think AutoAdmit for college students). [AP]

* An update on former Lawyer of the Day Kwame Kilpatrick: the Detroit City Council wants him to resign as mayor, but he's vowing not to leave. [New York Times]

* Olympic gold-medal hottie who had "close personal relationship" with New York's latest Luv Guv, David Paterson, says he helped her land a government job. [New York Post via Drudge]

* The full transcript of yesterday's speech by Barack Obama on race. [Washington Post]

UPDATE: Cass Sunstein's "Power" Resigns

Samantha Power.jpg
We updated this on our original post from this morning about Samantha Power calling Hillary Clinton a "monster," but it's a big enough development to cover in a separate post. Ms. Power, rumored love interest of Cass Sunstein, resigned from the Obama campaign because of her tawdry remarks about Hillary Clinton in an interview earlier this week. She also apologized publicly [via NYT]:

“With deep regret, I am resigning from my role as an adviser the Obama campaign effective today,” Ms. Power said in a statement released by the campaign. “Last Monday, I made inexcusable remarks that are at marked variance from my oft-stated admiration for Senator Clinton and from the spirit, tenor, and purpose of the Obama campaign. And I extend my deepest apologies to Senator Clinton, Senator Obama, and the remarkable team I have worked with over these long 14 months.”

Obama Aide Resigns for Calling Clinton a "Monster" [NYT]

IRS is Investigating Obama Speech

IRS.jpgThe IRS is investigating the denomination Trinity United Church of Christ for hosting Barack Obama as a speaker in front of 10,000 people in June of 2007. Non-profit organizations are generally not allowed to endorse candidates, although politicos can speak at such organizations.

You can find the AP article here. More press and blog coverage is after the jump.

IRS Investigates Obama's Denomination [AP]

Continue reading "IRS is Investigating Obama Speech"

NY to... 147K? More About Barack Obama's Tax Plan
(Or: Time to make the donuts?)

Barack Obama Senator Barack Hussein Obama Above the Law blog.jpgEd. note: Yesterday's guest post about how Barack Obama's tax plan might affect Biglaw associates, authored by Ted Frank, generated a record number of comments on ATL: 564 (and counting). It also generated lots of reaction throughout the blogosphere (links collected below). So we thought we'd invite Ted to do a follow-up.

Here it is. Ted wrote it in response to the following reader email, which makes many of the arguments that surfaced in the 564+ comments. From an Obama defender:

I'm sorry, but you are losing your credibility by posting this false propaganda on Obama. Look at Obama's website. It clearly states, "Asked About Raising the Cap, Obama said, 'You Might Have the Equivalent of a Doughnut Hole'--NOT That He Would Completely Remove the Cap." Obama "has stated in various venues that ‘his inclination... has been for a 'donut' where the uncapping would take place above some threshold income level -- probably around $200,000 or $250,000' his economic adviser Austan Goolsbee said in an email. A donut would protect a certain portion of income (e.g., between $100,000 and $200,000) from the payroll tax and could be phased in over decades."

In addition, that "$34,000 paycut" in the post title is misleading. Even if all your assumptions were correct (which they weren't), the after tax pay cut under Obama is < $20,000. I love your site, but please correct this ridiculous false article before you lose all credibility.

And now, without further ado, Ted Frank.

* * * * * * * * * *
First, as I show in the spreadsheet, a $20,000 tax increase is the equivalent of a $34,000 before-tax paycut for a New York City resident, which would have the same after-tax effect. The $34,000 figure is accurate: that's just math. The Obama tax plan would have the same effect on a NYC fifth-year associate being paid market as a $34,000 paycut.

Obama has never said he will have a doughnut-hole, only that his SS tax could include a doughnut-hole. When Hillary Clinton attacked Obama at the November 15 Nevada debate for wanting to eliminate the cap, Obama didn't say that the attack was incorrect; he defended the policy because eliminating the cap would only affect what he called the "upper class." The press has accurately reported that Obama has also proposed eliminating the cap; even Obama's own website links to a thinktank's analysis of the benefits of a cap elimination.

It would be really easy for Obama to promise to include a "doughnut-hole" or to not eliminate the SS-tax cap. He certainly hasn't been afraid to promise drastically expensive programs of new spending or even tax giveaways to large swaths of the population who aren't paying much tax now.

But when it comes to Social Security, Obama is suddenly vague; when he does discuss details, it is to cite examples (e.g., Warren Buffett) that could not be accomplished without eliminating the cap entirely. And the only reason a politician acts that way is because he supports the more drastic, politically unpopular plan, but doesn't want to get tagged with it before the election, and will say after the election "I only said I would 'consider' a doughnut-hole."

How Barack Obama's Tax Plan Will Affect You [Microsoft Excel file]

Additional discussion and links, after the jump.

Continue reading "NY to... 147K? More About Barack Obama's Tax Plan(Or: Time to make the donuts?)"

Obama, BigLaw, and Taxes
(Or: Obama = $34,000 Paycut)

Barack Obama Senator Barack Hussein Obama Above the Law blog.jpg[Ed. note: Today we bring you some "news you can use": a practical look at how political choices might affect your personal finances. This post is by Ted Frank, who blogs at Overlawyered.com and PointofLaw.com, and who has guest edited ATL in the past. Take it away, Ted.]

BigLaw lawyers love Obama. If one searches by law firm various databases on-line for campaign contributions, one sees an overwhelming sea of blue, and most of it to Obama.

But how will Obama affect BigLaw wallets? On Above the Law, we regularly see commenters threaten to abandon law firms for falling $5,000/year short of market. I therefore thought it worthwhile to examine the effects of Obama’s tax and spending plans on take-home pay.

We all know that Obama wants to end the Bush tax cuts. That is a 3% bump across the board to the bad old days when associates faced a marginal federal tax rate of 36%.

But the real hidden tax is that Obama plans to end the social-security tax cap. Right now, you may notice, sometime during the summer or early fall, your take-home pay suddenly goes up because they stop deducting FICA. Current law caps social security taxes: in 2008, the cap is at $102,000. Obama proposes to abolish this. That mid-summer bump will be no more: add about several thousand dollars to your annual tax bill.

But social-security taxes are not only on employees. The government also charges 6.2% to employers that you never see on your W-2s. But rest assured the partners see this, and will notice that the expense of keeping an associate has risen several thousand dollars a year when FICA taxes double and triple. Will they swallow that additional expense, or take it out of your bonus?

Find out, after the jump (or click here).

Continue reading "Obama, BigLaw, and Taxes(Or: Obama = $34,000 Paycut)"

Fired Up and Ready To... Teach! Barack Obama as Law Professor

Barack Obama Senator Barack Obama.jpgSince we'll be speaking at the University of Chicago very soon, we thought it would be topical to share with you the interesting responses we received to our earlier request for stories about presidential candidate Barack Obama as a U. Chicago law prof.

The general consensus: he's awesome, as beloved in the classroom as he is on the campaign trail. Several raves appeared in the comments, and we also received some via email. First, from Professor D. Daniel Sokol (who also blogs, at the Antitrust & Competition Policy Blog):

I had Obama as a prof when I was at the University of Chicago for a seminar on race and the law. His title of Senior Lecturer is one that only a few people hold-- the others are Richard Posner, Frank Easterbrook and Diane Wood -- all former Chicago full time faculty members now on the 7th Circuit.

Obama was an amazing professor and in many ways, I wish I could be as effective in the classroom as he was. He engaged students in the material and showed great skill at eliciting good student comments and managing class discussion. Obama also integrated in social science empirical literature into our discussions to better inform some of the normative discussions that we had. I thought he managed intellectual diversity very well, as we had a spectrum of students from libertarians and conservatives on one hand to radicals on the other.

Additional anecdotes, plus a digression on Obama's views on the Second Amendment and gun control, after the jump.

Continue reading "Fired Up and Ready To... Teach! Barack Obama as Law Professor"

Following in Obama's Footsteps? Professor Lessig Considers Running for Congress

Draft Lessig Change Congress Professor Lawrence Lessig Larry Lessig Above the Law blog.jpgThe stereotypical law professor might be viewed as too disengaged from the "real world" to be a good politician. But as Barack Obama shows, it's quite possible to move from legal academia into political life.

Now another prominent young law prof -- who, by the way, is an outspoken Obama supporter -- is contemplating Congress. From a Stanford Law School source:

Larry Lessig is considering a congressional run to replace Tom Lantos. Seems to have sparked a lot of energy and attention here on campus and in the Silicon Valley the last day or two.

No discussion yet about what happens to his Con Law class if he decides to run.

As Professor Lessig recently told the WSJ Law Blog, he wants to change the political process, primarily by reducing the influence of money and lobbyists on policy decisions. And what better way to reform the system than from within?

If you're interested in expressing support for Professor Lessig, check out the links collected below. The Draft Lessig Facebook group already has over 3,000 members -- but surely they'd welcome more.

Lessig '08 [official website]
Draft Lessig - Change Congress
Draft Lessig for Congress [Facebook]
Law Blog Q&A With Lawrence Lessig [WSJ Law Blog]

Candidates As Academics: 'I Got A Crush On Professor Named Obama'

Barack Obama small Senator Barack Hussein Obama Above the Law blog.JPGFrom a politically-minded tipster:

Can we get a thread to find out how Barack Obama was as a law professor at Chicago? It would be perfect for the election season. Not to mention that I really want to know what he was like in the classroom.

Not that many people on Above the Law could probably help with this one, but I'd love to hear any reports of Hillary Clinton at Arkansas too. She did teach a few classes back in the 70s...

Thanks! My whole family of lawyers love your blog!

If you have any anecdotes about Professor Obama to share -- we've heard a few, but they were given to us off the record, so we can't use them -- please dish in the comments, or email us.

If you're hoping to have a class with Professor Obama in the future, you may be out of luck. As Lawrence Hurley of the Daily Journal reports, "the man who could be the next president of the United States is still listed as a member of the faculty" on the University of Chicago website -- but as his faculty profile notes, he "is currently a candidate for the office of President of the United States."

That U. Chicago profile, by the way, lists the candidate's personal AOL email address. Add him to your AIM buddy list! But don't be surprised if he's not online much these days -- he's kind of busy right now.

Obama Keeps His Teaching Options Open [Washington Briefs]
Office Hours with Professor Obama? [WSJ Law Blog]
Barack Obama: Senior Lecturer in Law [University of Chicago Law School]
"I Got a Crush...On Obama" By Obama Girl [YouTube]

Morning Docket: 02.01.08

* NFL Union president prepared for strike. [ESPN]

* Microsoft offers to acquire Yahoo for $44.6 billion to compete with Google. [MSNBC]

* Times reporter subpoenaed over "State of War" source. [New York Times]

* French President and supermodel girlfriend sue over pictures. [Washington Post via WSJ Law Blog]

* HLS grad Obama and YLS grad Clinton make nice, sort of, during debate. [MSNBC]

* SCOTUS stays Alabama execution, maintaining de facto moratorium on death penalty. [CNN]

* Roy Tolles and Arthur Kramer, of Munger Tolles and Kramer Levin, respectively, RIP. [WSJ Law Blog]

Featured Survey Results: And The Winners Are . . .

The time has come, and the crowning of ATL's Lawyer of the Year and Second Favorite Blog After ATL, both of which are sponsored by ATL and Lateral Link, is at last upon us.

In all, a whopping 4,186 votes were cast, with 2,683 of you voting for Lawyer of the Year and 1,503 weighing in on which blog you like second-most after this one. Find out how it all turned out after the jump.

Continue reading "Featured Survey Results: And The Winners Are . . ."

The Presidential Race Loses Two More Lawyers

John Edwards Rudy Giuliani Rudolph Giuliani Above the Law blog.JPGOfficial announcements haven't been made yet, but they're imminent. Two prominent attorneys are about to drop out of the presidential race: former U.S. Attorney and Associate Attorney General Rudy Giuliani, and super-successful trial lawyer John Edwards.

Random factoid: Giuliani and Edwards both attended top law schools, NYU and UNC - Chapel Hill, respectively. These schools are respectively ranked #4 and #36 by U.S. News. [FN1]

But the remaining candidates who happen to be lawyers went to Harvard (Barack Obama and Mitt Romney) and Yale (Hillary Clinton). These two schools, national institutions for many years, are ranked #2 and #1, respectively.

Loyola 2L claims to be "retired" from the blogosphere. But if here were still around, he might wonder aloud: Are American voters "tier-ist"?

P.S. And who cares about these stupid rankings anyway? A number of top law schools may be overrated.

[FN1] And the law school rankings didn't exist back when Edwards and Giuliani attended.

Update: First, it appears that some of you have misread this post. We doubt that many voters know or care about where a candidate went to law school. We just (1) pointed out a "random factoid," and (2) suggested that people who are obsessed with law school rankings, like Loyola 2L, might try to read something into this.

Second, from an observant tipster:

"It might be worth noting that according to the exit polls the most influential lawyer yesterday was none of the ones you mentioned."

"Rather it was T3 graduate Gov. Charlie Crist (Cumberland Law), whose endorsement seemed to boost McCain past Romney while at the same time destroying any hope Rudy had since Rudy had been courting Crist for weeks."

McCain Wins; Giuliani Set to Drop Out [New York Times]
John Edwards to Quit Presidential Race [AP]
The Most Overrated Law Schools: A Student Perspective [TaxProf Blog]
Which top school do law students think is most overrated in US News? [Brian Leiter's Law School Reports]

Earlier: One Fewer Lawyer in the Presidential Race

Non-Sequiturs: 01.29.08

Mary Kate Olsen Above the Law blog.jpg* A PSA for Blackberry Pearl users on the T-Mobile network. Also, Theresa sounds deliciously evil. [PrawfsBlawg]

* "Senator Obama, we knew Jack Kennedy, and you, Senator, are--well, dude, you were two-years-old...." [What About Clients?]

* "Lessons from Mary-Kategate: Why Lawyers Should Not Engage in Media Relations." And we agree wholeheartedly with this statement: "the ability to get under powerful people’s skin. If ever there was a talent valued among tabloid journalists, that’s got to be it." [Starkman & Associates]

* DLA Piper to launch an in-house version of Facebook. But can you play Scrabulous on it? [Legal Blog Watch]

* It's hard out here in a courtroom for a pimp, proceeding pro se. [11Alive.com]

* Oregon Supreme Court puts kibosh on unkindest cut. [Blogonaut]

* Blawg Review #144, with a Lord of the Rings theme. [Cyberlaw Central via Blawg Review]

Legal Eagle Wedding Watch 1.27: Church of Your Heart

Legal%20Eagle%20Wedding%20Watch%20NYT%20wedding%20announcements%20Above%20the%20Law.jpgOur favorite bride this week is one we don't get to write about. Rachel Berkowitz is a professional organizer who "helps individuals and businesses to organize closets, filing systems and offices and to move and pack." And if you're not a little bit turned on by that, we want to see your underwear drawer.

On the legal-eagle front, three Fordham JDs (at least) and a Sunday school teacher make this our first Catholic-themed week here at LEWW.

The contenders:

1. Sandra Zucker and Joshua Bennett

2. Mari-Claudia Jiménez and Steven Coffey

3. Laura Brown and Brian Vogt

More about these couples, after the jump.

Continue reading "Legal Eagle Wedding Watch 1.27: Church of Your Heart"

Featured Survey Results: Polls, Bloggers and Job Searches

Barack Obama Senator Barack Hussein Obama Above the Law blog.jpgTime is running out on this month's ATL Lawyer of the Year and Second Favorite Blog After ATL polls, both sponsored by ATL and Lateral Link.

So far, we're up to just over 2,600 votes for Lawyer of the Year, and Wall Street Journal pick Loyola 2L is still going strong. Meanwhile, Barack Obama has a roughly 2.5 to 1 lead over Hillary Clinton, and Alberto Gonzales is stamping out civil rights stomping on music rights attorney Ray Beckerman . . . but pretty much nobody else.

On the blogging front, the Wall Street Journal remains the blog to beat, while Above The Law is still in second place and Volokh Conspiracy is on track for third, having opened up a hefty lead over Patently-O and SCOTUSblog. Write-in candidate Ms. JD has overpowered Overlawyered, and Likelihood of Confusion has turned the tables on Professor Bainbridge and is now closing in on Skadden Insider.

We'll post the final results on Thursday.

But while you're voting for the champions above, are you also voting with your feet at work? In last month's ATL / Lateral Link job survey about 20% of you responded that you were considering leaving your current firms once you received your bonus. But that was before many of you knew what your bonuses were going to be.

So last week, we asked you whether your job searches were indeed underway. Find out if the answers changed after the jump.

Continue reading "Featured Survey Results: Polls, Bloggers and Job Searches"

Morning Docket: 01.28.08

* Top candidates turn to trial lawyers for support. [Washington Post]

* More recusal requests expected in WV Supreme Court. [WSJ Law Blog]

* Former NFL player's wife files malpractice suit over surgery. [ESPN]

* Suffrage suffers in Mexico. [MSNBC]

* How to count primary delegates (and an explanation of the "superdelegates"). [New York Times; New York Times]

* "It's just not realistic" to present major new initiatives, but the SOTU will still be on every channel tonight. White House speechwriters are not on strike. [CNN]

* Super-litigator Tom Barr of Cravath, RIP. [New York Times (death notice); WSJ Law Blog]

Featured Job Survey Results: Honors, Hours and Bonuses

So far, about 1,400 of you have cast your vote for ATL Lawyer Of The Year.

Loyola 2L is in the lead so far, but Obama is close behind. Whoever helps Chipmunk Lady is a not-so-distant third, showing that this year's ATL reader wants change (and bonuses) and supports the little guy (and not-so-little bonuses).

Hillary Clinton, currently in fourth place, urges us to vote for experience. Meanwhile, Aaron Charney, Alberto Gonzales, and Ray Beckerman are in the Thompson / Kucinich / Gravel zone, respectively. On the write-in front, Bob Link and "DC Pants Judge" are beginning to get some traction.

Meanwhile, this month's ATL / Lateral Link survey on hours and bonuses continues to get responses of its own, and we're now up to almost 1,750 participants.

We revealed the bonus breakdowns for the Classes of 2004, 2005 and 2006 in the results to Monday's survey on whether you're looking for a new job. Today, we reveal the numbers for 2003 after the jump.

Continue reading "Featured Job Survey Results: Honors, Hours and Bonuses"

Featured Survey: ATL Lawyer Of The Year

In last week's ATL / Lateral Link survey, we asked you to submit your nominations for Lawyer of the Year. Today, you get to vote!

The nominees, and select comments explaining why, are below:

Aaron Charney

For both the attention focused, success of action, and for the visibility [he] brought to the secondary issue of partner/associate relations (but not those kinds of relations).

Alberto Gonzales

Exemplifies why lawyers are so mistrusted in this country.

Barack Obama

The man had the credentials to do Biglaw. He chose public service instead. Although he is obviously politically ambitious, he at least appears to be in it for the people. He's almost as hot as Judicial Hottie Jeffrey Sutton. I mean, did you see the Obama Girl videos? We've all got a crush on Obama. And he just might be president next year.

Hillary Clinton

She's fabulous.

Loyola 2L

He's generated the most thoughtful discussion of law school. That, and perhaps the publicity will help him get a job.

Ray Beckerman

For his tireless defense and continuous commentary in countless RIAA cases.

Whoever helps Chipmunk lady.

Because.

We know that last one should really be a 2008 Lawyer of the Year, not a 2007 Lawyer of the Year, but we just don't care. You demanded the nomination right now.

So who should win? Cast your vote below.