Constitutional Law
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Constitutional Law, Education / Schools
Easiest Way To Get Caught Plagiarizing? Forget You're White!
Law essay running along smoothly until a discussion of the author's personal identity as a black woman prompts teacher to note, "you're white." -
Constitutional Law, Food, Free Speech, Politics
Food Fight: Eating The Costs Of Not Eating GMO Food
Is Vermont's new food labeling law a good idea? Conservative columnist Tamara Tabo has her doubts. - Sponsored
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Abortion, Constitutional Law, Religion, Ridiculousness
Chief Justice Says 1st Amendment Applies Only To Christians And Other Stupid Stuff
Alabama's Chief Justice Roy Moore takes the stage to say a lot about how the law works in his own mind.
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9th Circuit, Basketball, Confirmations, Constitutional Law, Gay Marriage, Law Schools, Morning Docket, Racism, Religion, Sports
Morning Docket: 04.29.14
* Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]
* L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]
* This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]
* Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]
* Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]
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Christopher Christie, Constitutional Law, Crime, Politics
Is This Political Ad Against A Lawyer The Most Negative Ever?
Some say this ad "sets a new standard for immoral cynicism," for painting a basic constitutional principle as a moral failing. -
Constitutional Law, Politics, Tax Law
Should 'Campaign For Liberty' Have Called Itself 'Campaign For Progress' Instead?
Can you blame Campaign for Liberty for not wanting to expose its private-citizen donors to retribution, even if that means disregarding IRS demands? -
Bad Ideas, Constitutional Law, Guns / Firearms, John Paul Stevens, SCOTUS, Supreme Court
Justice Stevens Tries To Solve Gun Crisis The Dumbest Way Possible
Justice Stevens tries to rewrite the Second Amendment and creates a Frankenstein's monster of constitutional vagueness. -
10th Circuit, Celebrities, Constitutional Law, Gay Marriage, Job Searches, Law Schools, Morning Docket, NALP, National Association for Law Placement (NALP), Social Media, Sports, Trademarks, Twittering, Utah
Morning Docket: 04.11.14
* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times]
* Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg]
* “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal]
* It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News]
* Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]
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Constitutional Law, Crime, Kids, Quote of the Day, Violence
Prosecutor Says It's His Constitutional Right To Beat His Son
Did this guy allegedly engage in constitutionally protected child abuse (if such a thing exists)? -
Constitutional Law, Election Law, Jury Duty, Movies, Non-Sequiturs, Religion, Supreme Court, Technology
Non-Sequiturs: 03.03.14
* What’s a good excuse for getting out of jury duty? Apparently not “having a heart attack RIGHT NOW!” [Lowering the Bar] * The hits from the CATO amicus brief keep on coming. They commit a footnote to mocking Chief Justice Roberts. [Election Law Blog] * The Attractive Convict is suing over the use of her mugshot in banner ads. Your redemption is coming, Scumbag Steve! [IT-Lex] * David Healey, formerly of Weil Gotshal and currently of Fish & Richardson, is filming a movie based on his earlier book. And it stars Sean Young! That’ll work well. [Times of Sicily] * Does a public-school donor’s request to thank God in an inscription constitute an Establishment Clause violation? [Chronicle of Higher Education] * Supreme Court will hear the case of the NC Dental Board’s efforts to limit the teeth-whitening industry to dentists. Will this ruling spell trouble for state bar associations applying a death grip to all legal services? [WRAL] -
California, Celebrities, Constitutional Law, Free Speech, Pictures
Anti-Paparazzi Law Effectively Meaningless
It should be interesting to watch the first prosecution under this law and any subsequent appeals. -
California, Constitutional Law, D.C. Circuit, FCC, Federal Judges, Gay, Gay Marriage, LSAT, Money, Morning Docket
Morning Docket: 01.15.14
* The D.C. Circuit just spanked the FCC and its net neutrality rules for the second time in a row, but at least the court was polite enough to give the agency a reach-around by saying that it had authority to govern broadband providers. [National Law Journal]
* Current and former judges of the Foreign Intelligence Surveillance Court wrote a strongly worded letter in opposition to Obama’s proposed surveillance reforms. Apparently they don’t want their secret workload to increase. [Washington Post]
* Oooooooklahoma, where gay marriage comes sweepin’ down the plain! A federal judge ruled that the Sooner state’s ban on same-sex marriage is unconstitutional, issuing a stay pending the obvious appeal to come. [BuzzFeed]
* California can prevent LSAC from notifying law schools when prospective law students were given extra time on the LSAT. LSAC values its ability to discriminate, so expect an appeal. [San Francisco Chronicle]
* Yo, Kanye West, I’m really happy for you, I’ma let you finish… I’m sorry, but Coinye had one of the best bitcoins of all time. ONE OF THE BEST BITCOINS OF ALL TIME. [MoneyBeat / Wall Street Journal]
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Cellphones, Constitutional Law, Politics, Privacy, SCOTUS, Supreme Court, Technology
NSA Surveillance In 2013: The Year Of Vindicated Political Paranoia
What is the real tragedy of 2013’s mass surveillance revelations? Some thoughts from conservative columnist Tamara Tabo.
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2nd Circuit, ACLU, California, Constitutional Law, Divorce Train Wrecks, Facebook, Federal Judges, Gay Marriage, Immigration, Morning Docket, Police, Privacy, Shira Scheindlin, Social Networking Websites, Utah
Morning Docket: 01.03.14
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
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Biglaw, Constitutional Law, Dewey & LeBoeuf, Federal Judges, Gay Marriage, Guns / Firearms, Health Care / Medicine, Insurance, John Marshall Law School, John Roberts, Law Schools, Money, Morning Docket, Religion, SCOTUS, Sonia Sotomayor, Supreme Court, Utah, Women's Issues
Morning Docket: 01.02.14
* In his year-end report, Chief Justice Roberts politely asked Congress to make it rain on the federal judiciary in fiscal year 2014, because “[t]he future would be bleak” without additional funding. [Reuters]
* Utah finally asked for Supreme Court intervention in its quest to stop gay couples from marrying, but Justice Sotomayor wants a response from the other side before she weighs in. WWSSD? [BuzzFeed]
* Perhaps Justice Sotomayor saw the humor in this: she just gave a group of nuns a temporary reprieve from having to give out birth control to a bunch of women who have taken vows of chastity. [Bloomberg]
* Where in the world is Carmen Sandiego Steven Davis? Oh boy, Dewey have some news for you! The failed firm’s former chairman is now the chief legal representative for Ras al Khaimah in the United Arab Emirates. [WSJ Law Blog]
* “The Second Amendment does not preclude reasonable regulation.” A judge upheld the majority of New York’s new gun laws as constitutional. Opponents are ready to lock and load on appeal. [New York Times]
* Just because your law school isn’t ranked, it doesn’t mean you can’t dream big. Case in point: one of this year’s Skadden Fellows will graduate from John Marshall (Chicago) this spring. [National Law Journal]
* Reema Bajaj, the attorney who pleaded guilty to a prostitution charge, decided that she wasn’t in the mood to ride this Johnson any longer. Like her panties, the case has been dropped. [Daily Chronicle]
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Barack Obama, Constitutional Law, Department of Justice, Election Law, Federal Government, Federal Judges, Health Care / Medicine, Law Schools, Morning Docket, S.D.N.Y., SCOTUS, Shira Scheindlin, Sonia Sotomayor, Supreme Court
Morning Docket: 12.24.13
* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]
* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]
* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]
* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]
* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]
* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]
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Constitutional Law, Linda Greenhouse, Politics, Ruth Bader Ginsburg, SCOTUS, Stephen Breyer, Supreme Court
Justice Ginsburg Shouldn't Retire, Says Too-Clever-By-Half Article
It's not that Justice Ginsburg is wrong. Well, no, actually she's just wrong. -
Akhil Amar, Constitutional Law, Jeffrey Toobin, Law Professors, New Yorker, Noah Feldman, Orrin Hatch, Politics, Quote of the Day, Sanford Levinson
We The People... Can Do Better?
Is the Constitution to blame for the current political dysfunction? -
Constitutional Law, D.C. Circuit, Federal Judges, Judicial Nominations, Politics, R. Ted Cruz, SCOTUS, Supreme Court
And Boom Goes The (Nuclear) Dynamite: Previewing The Derptastic Sound Bytes You're About To Hear
Senator Harry Reid finally invokes the so-called "nuclear option" to get President Obama's nominees on the D.C. Circuit. Here comes the combative spin. -
Constitutional Law, Diarmuid O'Scannlain, Federalist Society, Law Professors, Quote of the Day, Religion
Why Does Xenu Love The First Amendment?
Does the First Amendment contain a "reasonableness" requirement?