Crime

Here’s an idea for an Ethics CLE — tell lawyers they can’t whip out “The Gavel” in front of their clients.

Or in this case, their clients’ mothers.

Now an attorney is facing criminal charges for gross sexual imposition for allegedly exposing himself and fondling a client’s mother. “Gross” is used in the sense of “flagrant,” but the whole story fits the other definition as well….

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This show is creating a lot of hooked criminals.

This weekend, New York Times tech journalist Jenna Wortham made a confession that could be used to send her to prison for a year or more. What was the startling criminal admission? She uses someone else’s password to sign into HBO Go to watch “Game of Thrones.”

In the piece headlined, “No TV? No Subscription? No Problem,” Wortham wrote:

[Some friends and I] all had the same plan: to watch the season premiere of “Game of Thrones.” But only one person in our group had a cable television subscription to HBO, where it is shown. The rest of us had a crafty workaround.

She says “crafty.” A federal prosecutor might substitute “illegal” there….

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* Awesome event last night in Houston. Met tons of great readers and am looking forward to another trip to visit you all. Thanks to Hearsay Gastro Lounge for hosting us! [Hearsay Gastro Lounge]

* And for those who weren’t there, we introduced our new sibling blog, Breaking Energy. So check it out if you’re interested in coverage of the energy sector. If you’re not following the energy sector, you are missing the future. [Breaking Energy]

* By the way, “Accidental Racist” was TOTALLY ON PURPOSE RACIST. [Thought Catalog]

* I mean, zombies ARE scary. [Volokh Conspiracy]

* Should you take a document review job? My quibble with this post is the stance that some people don’t love contracting for document review. I know TONS of folks who have opted for these gigs so they can travel, raise a family, etc. [Constitutional Daily]

* “Vagueness in legal threats is the hallmark of meritless thuggery.” Y U Hate Biglaw? [Popehat]

* Really interesting follow-up on Reinvent Law. I have no joke here. It’s just interesting, so get off my back. [Adam Smith, Esq.]

* In honor of our law school video chat series, here’s another, simpler way to talk to new law school admits. [UChiLawGo]

* The fastest way to my heart is a compliment. And the best part of this job is that I can’t get a big head because the commenters keep me grounded by hurling invective at least two to one for each compliment. [Law and More]

Non-Sequiturs: 04.10.13

For the record, his tattoo should be Larry Bird walking through a door.

* Louisville coach Rick Pitino promised his players that he’d get a tattoo if they won the NCAA tournament. I’m hoping Peter Kalis makes the same pledge if K&L Gates makes its projected annual profits. [Huffington Post]

* The Harvard Federalist Society held a conference on the importance of intellectual diversity in the legal academy. Somewhere out there, Ted Cruz nods solemnly. [Volokh Conspiracy]

* A public service announcement: Don’t wank and drive. [Lowering the Bar]

* Hey, Houston readers! Since I’m in town for our event tonight, I wanted to give a plug for the OKRA Charity Saloon. I visited last night and it was great — a beautiful space and all the profits go to a charity that you get to vote on (one ballot for each drink you get). An all-around great idea. So if you’re looking for a location for your next happy hour… [OKRA Charity Saloon]

* James Poulos makes a good point: it may put you horribly, horribly in debt, but education is still a good thing. [Forbes]

* Tomorrow check out our newest series: Unofficial Orientation to Law School. We will be video chatting with students, professors, and hiring managers about how 0Ls can successfully launch their legal careers. This series is presented by LexisNexis, BARBRI, and Law Preview, a BARBRI Company. [Above the Law]

* Have you ever wanted to see puppets set to the L.A. Law theme song? No? Well, after the jump you can see it anyway….

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* Thieves made off with 5.5 tons of Nutella. Damn you Danny Ocean! [CBS News]

* Don’t try to play Baseketball in Canton, Ohio. [Legal Juice]

* The SEC finally allows companies to distribute disclosures via social media. Welcome to the 21st Century, SEC. [IT-Lex]

* Speaking of the SEC, Mary Jo White was confirmed by the Senate. [Fox Business]

* Chief Judge Alex Kozinski: “Can I get an oy vey up in here?” [COLLive]

* Kentucky is just all kinds of screwy. Lawyer jailed for not turning over documents/running drug ring. [AP]

* Energy law was number two in law firm activity this quarter. For the billionth quarter in a row, Third Amendment law failed to crack the top 10. [AOL Energy]

* Ha! “Thus, it seems that (as has so often occurred in IP law) the focus on the problems of copyright and patent has allowed trademark law to engage, unsupervised, in a great deal of mischief.” [Law of Fashion]

* Just a reminder: Legalizing gay marriage does not end discrimination. [National Law Journal]

How does someone find themselves on trial for armed robbery with almost no attention paid to due process? If you answered, by playing football for Auburn, it looks like you’re right.

There are two things I know about Auburn football. First, the school boasts some really great fans. I met a number of them when I went to the BCS National Championship game three years ago to watch Auburn eke by Oregon on a last second field goal. Most everyone was reasonably nice, which made them very different than, say, Ohio State fans.

Second, Auburn cheats like it’s its goddamned job. Historically, it’s not even very savvy about it. In 2006, the school got busted handing out ‘A’s to players for classes that didn’t exist, a scandal that came to light when the school overdid it and NCAA reports revealed Auburn had better students than any program but Stanford, Navy, and Boston College. Oops.

Then there was the whole Cam Newton thing.

But I can say without hyperbole that these new allegations are a million times worse…

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Non-Sequiturs: 04.04.13

* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]

* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]

* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]

* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]

* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]

* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]

* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]

* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]

Mike McLelland Kaufman County District Attorney Mike McLelland

In an age of highly sophisticated criminal investigation techniques, showcased in CSI and similar shows, it would appear to be increasingly difficult to commit a murder and get away with it. This would be especially true for murders targeting people who work in law enforcement — individuals who know a lot about crime and who often take measures to protect themselves.

This is one of the reasons why the killing of Kaufman County District Attorney Mike McLelland and and his wife Cynthia, which we noted in Morning Docket, is so shocking and so chilling. But there are others….

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* Can you DIG it?! Well, SCOTUS can’t, at least when it comes to the Prop 8 case, but perhaps that’s what the conservative justices planned all along. You can probably expect a judicial punt on this one. [New York Times]

* The case for cameras at the high court became even more compelling last week, because people just now realized that having to “spend money to see a public institution do public business is offensive.” Damn straight. [National Law Journal]

* Justice Sandra Day O’Connor’s new book, Out of Order (affiliate link), didn’t exactly get a glowing review from the NYT’s Supreme Court correspondent, Adam Liptak. It’s a “gift shop bauble”? Ouch. [New York Times]

* Oh, Lanny Breuer, you tried to be all coy by saying you were interviewing elsewhere, but we knew you’d return to Covington. That “vice-chairman” title is a pretty sweet new perk, too. [Legal Times]

* DLA Piper’s bills may “know no limits,” but in-house counsel claim that while the firm’s emails were “flippant,” they won’t have an impact their already meticulous billing review. [New York Law Journal]

* The true love’s kiss of litigation: Bingham McCutchen’s Sleeping Beauty may have found her prince in Judge Vincent O’Neill Jr., because he ruled that the firm won’t be able to compel arbitration. [Recorder]

* It’s really not a good time to be a prosecutor in Texas. Two months after the murder of ADA Mark Hasse, DA Mike McLelland and his wife were gunned down in their home. RIP. [Dallas Morning News]

* Good news, everyone! The class of 2012 — the largest on record, according to the ABA — was only slightly more unemployed than its predecessors. Cherish the little things, people. [National Law Journal]

My wife bought me a bottle of Johnnie Walker Blue to celebrate the birth of our child. I had a glass; dear God it was delicious. It tasted smokey.

Anyway, later my boys came over and we had a party and… all the whiskey disappeared. That’s how it felt. Not like we drank it and had a good time… Just that the alcohol evaporated. Along with my shoes. And my boy’s pipe.

Saying that the alcohol “evaporated” is a reasonable explanation of the feeling you get from drinking through an expensive bottle of happiness. It seems like a less good defense to a charge of theft…

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