Constitutional Law
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Bankruptcy, Biglaw, Constitutional Law, David Otunga, Dewey & LeBoeuf, Environment / Environmental Law, Law School Deans, Law Schools, Legal Ethics, Money, Morning Docket, Partner Issues, Religion, Sex, Sex Scandals, Small Law Firms, Television
Morning Docket: 10.12.12
* “Enough is enough.” Come on, Togut, did you really think all of the Dewey drama was going to end just because the judge approved your settlement plan? Now he’s trying to get the former partners committee disbanded. This won’t end well. [Am Law Daily]
* Covington & Burling was disqualified from representing Minnesota in its anti-pollution case against ex-client 3M over a conflict of interest. A “conscious disregard” of professional duties? This is 1L stuff, really. [Twin Cities Pioneer Press]
* Remember J. Michael Johnson, the former dean of Louisiana College Law who resigned for a “great job offer” before the school even opened? He’s now senior counsel for the ultraconservative Liberty Institute. [Alexandria Town Talk]
* “If you’ve been hit by a table, ladder, or chair, call David Otunga.” What has this Harvard Law grad turned WWE wrestler up to these days, aside from filming commercials at criminal defense firms? [City Sentinel]
* “The argument is absolutely absurd.” An ex-high school coach accused of having sex with a student wants Oklahomas’s ban on student-teacher relationships overturned as unconstitutional. [Alva Review-Courier]
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Affirmative Action, Constitutional Law, Election Law, Elena Kagan, Gay, Gay Marriage, Minority Issues, Paul Clement, Politics, SCOTUS, Supreme Court, Texas, Thomas Goldstein
A Preview of the Upcoming Supreme Court Term (OT 2012)
Here's a preview of the upcoming Supreme Court Term, featuring the insights of Paul Clement and Tom Goldstein. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Quote of the Day, Reader Polls, Richard Posner, SCOTUS, Supreme Court
Quote of the Day: A Time-Out in Posner v. Scalia?
Here is Judge Richard Posner's (delicately worded) response to Justice Scalia calling him a liar.
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Affirmative Action, American Constitution Society (ACS), Constitutional Law, Gay, Gay Marriage, Minority Issues, SCOTUS, Supreme Court, Texas
Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court's New Term to Non-Lawyers
October first is the start of the new Supreme Court term, and Matt Kaiser has some ideas on how you can bluff your way through knowledge about OT 2012... -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
Quote of the Day: The New Republic Isn't That Glossy....
Justice Scalia recently spoke before a packed house in New York -- and Above the Law was there to cover it. What did he have to say -- about Judge Richard Posner, among other things? -
Constitutional Law, Election 2012, Samuel Alito, SCOTUS, Supreme Court
On Constitution Day, Americans Like The Constitution Just The Way It Is, So Long As It Says What They Like
On Constitution Day, the day when Americans get to show how much they love the Constitution that they barely understand... -
8th Circuit, 9th Circuit, Abortion, Bankruptcy, Barack Obama, Biglaw, Celebrities, Constitutional Law, Copyright, Deaths, Fashion, Kiwi Camara, Law Professors, Law Schools, Money, Morning Docket, Richard Epstein
Morning Docket: 09.12.12
* Good news, everyone! According to Citi’s Managing Partner Confidence Index survey, firm leaders are feeling pessimistic about their business due to an overall lack of confidence in the economy. [Am Law Daily]
* Per the Ninth Circuit, an Idaho statute that essentially criminalizes medication-induced abortions imposes an undue burden on a woman’s ability to terminate her pregnancy. Really? You don’t say. [Bloomberg]
* Kiwi Camara’s circuitous route to SCOTUS: thanks to the Eighth Circuit, Jammie Thomas-Rasset started and ended her journey with $222K damages for copyright infringement. [Thomson Reuters News & Insight]
* “Fashion law is a real career choice,” says Gibson Dunn partner Lois Herzeca. This niche practice area is one of the hottest new trends in the wonderful world of fashion, and it’s not likely to go out of style any time in the remote future. [Reuters]
* Your clawback suit is a wonderland? John Mayer was named as a defendant in a suit filed by trustees seeking to recover money paid out by Ponzi schemer Darren Berg. [Bankruptcy Beat / Wall Street Journal]
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Antonin Scalia, Benchslaps, Books, California, Constitutional Law, Federal Judges, Federalist Society, Richard Posner, SCOTUS, Supreme Court
The Benchslap Dispatches: Justice Scalia on Judge Posner's 'Hatchet Job'
Justice Scalia tells us what he REALLY thinks of Judge Posner's controversial review of Reading Law, the new book by Justice Scalia and Professor Bryan Garner. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Antonin Scalia, Benchslaps, Books, Clerkships, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court, Supreme Court Clerks
Posner v. Scalia: Bryan Garner Tags In
Bryan Garner, the legal writing guru, comes to the aid of his co-author, Justice Antonin Scalia. Professor Garner is NOT happy with Judge Posner's review of Scalia and Garner's new book. -
Antonin Scalia, Benchslaps, Books, Constitutional Law, Federal Judges, Feeder Judges, Richard Posner, SCOTUS, Supreme Court
The Benchslap Dispatches: Posner v. Scalia -- Is It Personal?
Is the sniping back and forth between Justice Scalia and Judge Posner personal? We reached out to both jurists for comment. -
Bankruptcy, Biglaw, Boutique Law Firms, Celebrities, Constitutional Law, Dewey & LeBoeuf, Law Firm Mergers, Morning Docket, Partner Issues
Morning Docket: 08.30.12
* Apparently spring bonuses don’t make the Biglaw world go ’round after all. The annual Am Law midlevel survey is out, and satisfaction levels are up across the board. Maybe they’re happy to still be employed. [American Lawyer]
* When Dewey get to retire this used up, old D&L pun? Probably around the same time as that Howrey joke — never. Oh, and the firm asked a bankruptcy judge to approve its $70M partner “clawback” plan. [WSJ Law Blog]
* Oh mon dieu, it’s time for some law firm merger mania! DLA Piper, the second-largest Biglaw behemoth, proposed to French firm Frieh Bouhenic, and of course, the corporate boutique said “oui.” [Legal Week]
* Judicial efficiency: Judge Robert Hinkle says he’ll block Florida’s regulations on voter registration groups just as soon as an appeals court boots the state’s arguments. [Bloomberg]
* Judge Kenneth Lester Jr. will step down as judge in the George Zimmerman case after using “disparaging” language in a bail order. Zimmerman’s probably hoping that the third judge will be the charm for him. [CNN]
* Kim Kardashian settled her suit against The Gap over the company’s use of a look-alike actress in an Old Navy commercial. Sigh. She’ll keep getting paid, no matter what we do. [Hollywood, Esq. / Hollywood Reporter]
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ACLU, Constitutional Law, Election 2012, Politics
Pennsylvania Judge Upholds Voter ID Laws
Judge will not issue an injunction to stop Pennsylvania's voter ID law. Now let's explain to our non-lawyer friends what "ripeness" means... -
Abortion, Bankruptcy, Biglaw, Constitutional Law, Dewey & LeBoeuf, Law Schools, Legal Ethics, Morning Docket
Morning Docket: 07.26.12
* “There’s no future in working for Dewey & LeBoeuf,” but maybe if the firm’s few remaining employees can hold on for a little while longer, then perhaps they’ll be able to take home some bonus cash. [Am Law Daily]
* Doctors in Arizona are trying to block part of a new law that makes it a crime for physicians to perform abortions after 20 weeks of pregnancy. Well, somebody wasn’t paying attention in Con Law. [Bloomberg]
* All it took was an investigation by the Michigan Judicial Tenure Commission to get this judge to change his tune and apologize for throwing a lawyer in jail for the crime of representing his client. [WZZM]
* What do recent law school grads think about Yale Law’s new Ph.D. program? Most aren’t willing to spend the time or money to “resolve [their] next career crisis by going back to school.” [U.S. News & World Report]
* Come on, you’re not the 99 percent. Clinic members from NYU Law and Fordham Law wrote a report criticizing the NYPD’s response to the Occupy Wall Street movement. [Thomson Reuters News & Insight]
* Wait, law schools are slow to adopt something that may benefit their students? What else is new? Corporate compliance classes are few and far between, even though they could get you a job. [WSJ Law Blog]
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Abortion, Celebrities, Constitutional Law, Contracts, Gay Marriage, Immigration, Law Professors, Law Schools, Lawrence Lessig, Morning Docket, Murder, SCOTUS, Senate Judiciary Committee, Supreme Court
Morning Docket: 07.25.12
* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]
* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]
* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]
* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]
* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]
* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]
* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]
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Benchslaps, Constitutional Law, Drugs, Patton Boggs, Sam Sparks, Sports, Texas, Williams & Connolly
Benchslap of the Day: Lance Armstrong's Lawsuit Needs Some Training Wheels
Lance Armstrong's lawsuit against the USADA was quickly slapped down by Judge Sam Sparks (in his signature benchslap style)... -
Constitutional Law, Drugs, Sports
Lance Armstrong Files Suit Against the U.S. Anti-Doping Agency 'Kangaroo Court'
Lance Armstrong has sued the U.S. Anti-Doping Agency in federal court, alleging violations of his Constitutional rights... -
Attorney Misconduct, Bail, Biglaw, Constitutional Law, Drinking, DUI / DWI, Intellectual Property, Law Schools, Morning Docket, Murder, SCOTUS, Supreme Court, United Kingdom / Great Britain
Morning Docket: 07.05.12
* Who needs a Declaration of Internet Freedom when the government supports protesting citizens who go buckwild in the streets? The European Union voted against ratification of the Anti-Counterfeiting Trade Agreement. [Associated Press]
* Kenneth Schneider, the former Debevoise & Plimpton associate serving a 15-year sentence for forcing a Russian teenager to be his sex slave, was suspended from practice pending further disciplinary proceedings. [New York Law Journal]
* Glenn Mulcaire, the investigator who intercepted voicemail messages on behalf of News of the World, lost a bid to remain silent about who commissioned his services. Rupert’s gonna be sooo pissed. [New York Times]
* Congratulations to the team from the University of Chicago Law School that won the United States Supreme Court Prediction Competition. They won $5K for betting on their Con Law nerd-dom. [SCOTUS Competition]
* Judge Kenneth Lester Jr. is expected to rule on George Zimmerman’s motion for bond today, and perhaps he won’t be so quick to forget that the defendant already lied to the court to get out of jail. [Orlando Sentinel]
* “You can’t just arbitrarily add anything you want to a sentence.” Well, it looks like you can, because in addition to jail time, a judge in South Carolina tacked on a Biblical book report to this woman’s sentence. [Daily Mail]
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Airplanes / Aviation, California, Constitutional Law, Copyright, Department of Justice, Federal Government, Federal Judges, Food, Gay Marriage, Intellectual Property, John Roberts, Law Schools, Morning Docket, SCOTUS, Supreme Court, UNC Law
Morning Docket: 07.04.12
Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.
* At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]
* Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]
* A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]
* Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]
* After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]
* Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]
* UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]
* This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]
* The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]
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Abortion, Biglaw, Constitutional Law, Department of Justice, Drugs, Eric Holder, Health Care / Medicine, John Roberts, John Yoo, Morning Docket, Murder, SCOTUS, Sports, Supreme Court
Morning Docket: 07.02.12
* As it’s told, the Supreme Court never leaks, but two sources who were close to the Affordable Care Act deliberations thought this tidbit was worth sharing with the public. Perhaps Chief Justice Roberts isn’t so noble after all, because he was originally batting for the conservatives. [CBS News]
* In fact, many are comparing Chief Justice Roberts to Chief Justice Marshall, but Professor John Yoo thinks he’s more comparable to Chief Justice Hughes, in that he “sacrificed the Constitution’s last remaining limits on federal power for very little.” Ohh, sick burn. [Wall Street Journal]
* The Department of Justice will not be filing a criminal contempt case against Attorney General Eric Holder, despite Congress’s seal of approval. Alas, if looks like you need to do a little bit more than piss off a few legislators to get prosecuted for a criminal offense. [Blog of Legal Times]
* Is fear of accidental spittle from a close talker enough to warrant slapping a Biglaw partner in the face? Yup, and it seems it’s even cause to file a lawsuit with allegations of slander and assault. [Am Law Daily (reg. req.)]
* A judge has temporarily blocked enforcement of a new law that could have shut down the only abortion clinic in Mississippi. It’s refreshing to know the judicial system is willing to bring out the kid in you. [Washington Post]
* What do you do when the U.S Anti-Doping Agency has filed formal charges against you? Take to Twitter and link to an ATL post about one of the anonymous Review Board member’s pervy predilections. [ABC News]
* “It was an accident, it was an accident, it was an accident.” That may be the case, but much like your law school loan debt, you can’t take it back. Alleged killer Jason Bohn was arraigned for murder. [New York Post]
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Anthony Kennedy, Constitutional Law, John Roberts, SCOTUS, Supreme Court
SCOTUS Affirms That America is the Land of Taxes and Lies
The Supreme Court upheld the Affordable Care Act, but what else was decided today?