Constitutional Law
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Constitutional Law, Craigslist, Crime, Facebook, Police, Rank Stupidity, Technology
You Want to Click That Mouse? Bite Me, Get a Warrant!
Before we get to the meat of this story, let’s quickly state the obvious: if you plan to commit a violent crime, you probably should not post details about it on Facebook or Craigslist. If you simply must tell the Interwebs of your devious agenda, it’s probably best to close the incriminating window ASAP, so […] -
Constitutional Law, Election 2012, Gay, Gay Marriage, Health Care / Medicine, Kannon Shanmugam, Litigators, Paul Clement, Politics, SCOTUS, Solicitor General's Office, Supreme Court, Williams & Connolly
A Preview of the Upcoming Supreme Court Term
We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner. With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011: […] - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Constitutional Law, Free Speech, Law Schools, Minority Issues, Racism
Former 'Hate Group' Leader Chosen To Represent University of Toledo Students On Constitutional Panel
Last year, we wrote about Kyle Bristow, a student at the University of Toledo College of Law. Bristow had been the chairman of the Young Americans for Freedom student chapter at Michigan State University when he was in college. The MSU-YAF was designated a “hate group” by the Southern Poverty Law Center. Hey, we’re living […]
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Airplanes / Aviation, Constitutional Law, Federal Judges, Privacy, Travel / Vacation
Two Minutes of Terrorist Triumph: Alone With the TSA
Elie Mystal's objections to the TSA and the invasive search techniques they employ have been well documented on Above the Law. He believes their tactics are violative of our rights and would be deemed unconstitutional in any America where courts placed justice ahead of fear. He believes citizens who support these procedures do not deserve the liberty they so eagerly toss aside. And he believed all of that before he was actually molested by the TSA just last week.... -
Breasts, Constitutional Law, Drinking, Facebook, Job Searches, Money, Morning Docket, Pets
Morning Docket: 08.31.11
* You don’t have the right to get half naked in an airport to protest the TSA’s policies. Aaron Tobey’s lawsuit has been stripped of its Fourth Amendment claims following a dismissal. [Washington Post] * Paul Ceglia has to give Facebook every email he’s exchanged since 2003. If Ceglia’s like most men, lawyers at Gibson […]
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Breasts, Constitutional Law, Free Speech, Nude Dancing, Quote of the Day, State Judges, Texas
Quote of the Day: Texas Doesn't Support Single Moms?
We think a $5 fee presents no greater burden on nude dancing. . . . The fee is not a tax on unpopular speech but a restriction on combining nude dancing, which unquestionably has secondary effects, with the aggravating influence of alcohol consumption. — Texas Supreme Court Justice Nathan L. Hecht, writing for the majority […] -
Biglaw, Constitutional Law, Election 2012, Ho-Love, Hogan & Hartson, Musical Chairs, Neal Katyal, Non-Sequiturs, Politics, Tax Law, Trademarks
Non-Sequiturs: 08.24.11
* “Dominique Strauss-Kahn Gets Off, As Did Everyone Else Who Stayed In His Room At The Sofitel.” Or: what you don’t want to know about your high-end hotel room. [Dealbreaker] * F**k yeah — trademark law! Or: some reflections on the “immoral or scandalous” bar to trademark registration, by fashion lawyer Chuck Colman. [Law of […] -
Abortion, Benchslaps, Constitutional Law, Federal Judges, Sam Sparks, Texas
Benchslap of the Day: Sparks Fly When Judge Calls Lawyer 'Incompetent'
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 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.... - 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… -
ACLU, Constitutional Law, Education / Schools, Facebook, Free Speech, Kids, Pictures, Pornography, Sex
Indiana Judge Upholds High School Girls' Constitutional Right To Post Slutty Photos Online
Back in 2009, some teen girls in Indiana had a sleepover that lived up to any teen boy’s fantasy version of one. After racy photos from the summer slumber party made their way to the principal’s office, two of the athletes in attendance were suspended from school sports for the year. What did the court have to say about their First Amendment right to post slutty photos of themselves online? -
11th Circuit, Constitutional Law, Election 2012, Health Care / Medicine, Supreme Court
Breaking: Eleventh Circuit Rules Obamacare's 'Individual Mandate' Is Unconstitutional
The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional. In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the […] -
Cars, Constitutional Law, Free Speech, Jury Duty, Rudeness
Is A Ban on 'Truck Nuts' Unconstitutional?
Is a ban on "truck nuts" unconstitutional? Actually, do you even know what "truck nuts" are? Ignorance may be bliss, but it's time to enlighten yourself.... -
Barack Obama, Bill Clinton, Constitutional Law, Election 2012, Laurence Tribe, Money, Politics
To Be Young, An Executive, And Above the Law: Thoughts on the Debt Ceiling Impasse
The impasse over the debt ceiling continues. Could an obscure provision of the Fourteenth Amendment ride to the rescue of President Obama? Legal scholars discuss. -
Constitutional Law
Exasperated Arkansas Town Ignores Constitution
Most people would expect that a post discussing unconstitutional behavior from a town in Arkansas would have something to do with religion. And in fairness, new ordinances from the city council of Gould, Arkansas do raise First Amendment concerns. But the Gould city council isn’t trying to impose its view of God upon the public […]
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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…
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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…
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The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms.
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use.
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9th Circuit, Alex Kozinski, Constitutional Law, Email Scandals, Federal Judges, Media and Journalism, Privacy, Technology
Judge Alex Kozinski and his Famous Law Clerk, Stephanie Grace, Say The Fourth Amendment is Dead
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits. You’ve put a […] -
Constitutional Law, Minority Issues, Politics, Racism
Can We Whitewash the Alabama Constitution?
The Constitutional Daily tweeted a very interesting question at me this morning: Bill removing racist language from AL constitution opposed by black lawmakers – http://bit.ly/iqmDsu – @ElieNYC please explain All right, I’ll put on my “ask a black dude” hat. And I can explain this. But it’s complicated. And it requires understanding the subtleties of […] -
Associate Bonus Watch 2010, Associate Salaries, Biglaw, Bonuses, Constitutional Law, Gay, King & Spalding, Legal Ethics, Money, Partner Issues, Politics
King & Spalding: More DOMA Drama, Plus Salary and Bonus News
Some people, including crisis communications experts, think that King & Spalding should just shut up already about the DOMA debacle. The firm agreed to represent the House of Representatives in defending the controversial Defense of Marriage Act, and then almost immediately turned around and withdrew from the representation. This prompted the departure from the firm […] -
4th Circuit, Constitutional Law, Federal Judges, Health Care / Medicine, Politics
Judging Is Just Politics By Other Means
Obamacare scored a huge victory today. Not because of an election or an impassioned debate. Not because of a fresh argument or a political compromise. Not even because of a considered legal opinion. No, Obamacare scored a major victory just because the Fourth Circuit panel randomly chosen to hear the challenge to Obamacare, an appeal […] -
Biglaw, Boutique Law Firms, Constitutional Law, Gay, Gay Marriage, King & Spalding, Paul Clement, Quote of the Day, Seth Waxman, Viet Dinh
Quote of the Day: Classy Clement
I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. […] -
Biglaw, Boutique Law Firms, Constitutional Law, Gay, Gay Marriage, King & Spalding, Paul Clement, Politics, Small Law Firms, Viet Dinh
Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense
The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement. And Paul Clement, the former U.S. […] -
Constitutional Law, Gay, Gay Marriage, King & Spalding, Media and Journalism, Paul Clement, Politics, Quote of the Day
Quote of the Day: Defending the Defense of the Defense of Marriage Act
[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him […]