Death Penalty

* Donald Sterling may be banned from the NBA, but the recording that placed him on the outside looking in was captured illegally per California law. [The Legal Blitz]

* If the NBA owners agree — as expected — to force Sterling to sell the Clippers, it could cost his heirs over $100 million. Let’s feel sorry that megamillionaires might be slightly less megamillionaires. [Slate]

* The inimitable Charles P. Pierce with more on the horrifically botched execution in Oklahoma last night. Overlooked in the horror was the constitutional crisis that preceded it — where the very authority of the state supreme court was called into question. [Esquire]

* After getting his client acquitted of molesting a child while drunk, a lawyer managed to get arrested for DWI, hours after the verdict. Amazing. [St. Louis Post-Dispatch]

* The conservative argument for copyright reform. Seriously, at this point there’s no political philosophy in favor of lengthy copyright terms, so why can’t we change this? Oh, right. Media companies have tons and tons of money. [R Street]

* UVA Law funds the first jobs of a bunch of its grads. David Lat weighs in. [C-Ville]

* This story could just as easily be entitled “I’m a young Biglaw associate who lives in Williamsburg.” [McSweeneys]

* For the third year in a row, Skadden has topped the list of the Biglaw firms GCs love to pay, the firms with the best brands. Kirkland & Ellis and Latham & Watkins rounded out the top three. Congratulations! [PRWeb]

* A federal judge struck down Wisconsin’s voter identification law yesterday, noting that it “only tenuously serve[d] the state’s interest in preventing voter fraud.” Ouch. Sorry about that, Scott Walker. [Bloomberg]

* Hot on the heels of the release of the second annual ATL Law School Rankings, we’ve got a list of the law schools where graduates reportedly have the least amount of debt. We’ll have more on this news later today. [The Short List / U.S. News & World Report]

* It was kind of like the night of the living dead in Oklahoma last night, where an execution was botched so badly the defendant attempted to rise up off the table. That must have been horrific. [New York Times]

* Here’s an eligible bachelor alert: After being suspended from practice for six months for filming “upskirt” videos of women in public, this in-house lawyer has been reinstated. [Legal Intelligencer (reg. req.)]

* Poor Justice Lori Douglas. Not only are her kinky S&M pictures floating around somewhere online, but the man who took them — her husband, Jack King — just died. RIP, good sir. [CTV Winnipeg News]

* NBA Commissioner Adam Silver, a former Cravath lawyer, fouled L.A. Clippers owner Donald Sterling out of the league, but people are questioning whether his punishment was legal. [WSJ Law Blog (sub. req.)]

* Duck Season! Rabbit Season! Duck Season! Human Season! $275,000 lawsuit filed after duck attack. [KATU]

* Following Moody’s downgrade of Vermont Law School, three other law schools see their credit join the ranks of junk bonds. [Tax Prof Blog]

* Lobbying firms are making money again. Well, except for down-on-their- luck merger candidate Patton Boggs. [Washington Post]

* Prosecution called off after the police lost the 100 Oxycodone pills in evidence. Sure. “Lost.” [The Journal News]

* Much like the Raiderettes before them, a group of former Buffalo Bills cheerleaders are suing over their pay. Thankfully Donald Trump is threatening to buy the team, so this suit isn’t the worst thing happening to the Bills right now. [WHEC]

* A sad account of how an alcoholic lawyer drank vodka by the quart while botching a death penalty trial. [Mother Jones]

Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.

Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.

No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.

Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .

double red triangle arrows Continue reading “Welcome To The Post-Filibuster Senate: The Bipartisan Rejection Of Debo Adegbile”

* Randy Levine, president of the New York Yankees, has left Akin Gump’s dugout. He hopes to hit it out of the park and slide into his new home at Jackson Lewis. Please, no more baseball references. :( [Am Law Daily]

* Thanks to Virginia, the electric chair may be making a comeback when drugs for lethal injection aren’t available. OMG, that’s so freakin’ lame. Bring back the breaking wheel or death by disembowelment. [Gawker]

* A lawyer won’t have to pay an ex-law student $1M after making a hyperbolic challenge in a TV interview. Better luck reading the Leonard v. Pepsico case next time, pal. [Volokh Conspiracy / Washington Post]

* Protip: when you’ve been recommended for suspension for your “contemptuous attitude,” bragging that one of the judges who disciplined you thinks you’re “probably the best DUI lawyer” isn’t smart. [Santa Barbara Independent]

* If you watch The Walking Dead, you’ve probably wondered if all of the killing was legal — because you’re a lawyer, and you can’t enjoy anything anymore. Here’s your answer, from a UC Hastings Law prof. [GQ]

* If you’d like your chickens to live a life of luxury before you eat them and their eggs, then you’re going to love this law in California. If not, you can move to Missouri. See Elie squawk about it here. [ATL Redline]

* Ian Whittle, a recent George Mason Law grad, took a break from watching the saddest Super Bowl ever to save a little girl from drowning in a pond. Check out the news coverage, after the jump. [CBS 6 WTVR]

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In my near 14 years on the bench, this is the first time I can recall this happening.

– Judge Kermit Bye of the Eighth Circuit, in a scathing dissent issued after Missouri executed a death row inmate before the court could finish reviewing his request for a stay. On Wednesday, Missouri executed another death row inmate, this time before the Supreme Court ruled on his request for a stay. The state has executed three inmates in as many months, all while appeals were still pending.

* Attorney General Eric Holder has until tomorrow to decide whether the government will seek the death penalty in the case against Dzhokhar Tsaernaev. Screw his fan clubs, he deserves it. [Associated Press]

* “Those who know me know I don’t like to lose.” Good thing he didn’t. Leo Strine was unanimously confirmed as Chief Justice of Delaware’s Supreme Court. We can’t wait to see what he’ll bring to his new bench. [Reuters]

* “[N]ominal relief does not necessarily a nominal victory make.” Any day that a lawyer can secure a $1 award for his client and a $34,772 award of fees for himself is a very successful day as a lawyer. [New York Law Journal]

* The mayor of Hoboken, New Jersey, was sued, and she’s blaming Chris Christie and his allies for the whole thing. When the governor found out, he had just finished bringing about world peace. [Star-Ledger]

* Kansas Law will offer in-state tuition to people near Kansas City, Missouri. It must be hurting to fill its seats to make such an offer just because the city name has Kansas in it. [Kansas City Business Journal]

* George Zimmerman’s estranged wife, Shellie, is well on her way to getting a default judgment of divorce. She may be down one dog in her life, but she still wants custody of their two pets. [Orlando Sentinel]

‘Try and make it look painful, we’ve got a bloodthirsty audience here!’

* Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn’t manifest itself as more cruel and unusual… [NBC News]

* A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post]

* Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice]

* In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O]

* And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy]

* On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal]

* Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]

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* At MSU Law, a couple of law professors are getting serious about figuring out how to leverage technology in the profession. They envision making legal hiring into “Moneyball” with MSU Law representing Oakland. So they plan to raise false hopes and ultimately fail too? [Lansing State Journal]

* A real estate attorney is hosting a boot camp to train slumlords. Yay? [SF Gate]

* If you never thought electing state judges was a matter of life and death, read this. [Huffington Post]

* Here’s a fun one: Should TheDirty.com be liable for encouraging readers to submit gossip? Our old friend Sarah Jones hopes so. [Forbes]

* The Steubenville rape case is back in the news after a grand jury has indicted four school officials for covering up the school’s infamous rape. [Jezebel]

* A couple of former Harvard Law roommates have a fashion startup called ShopRagHouse that allows customers to design their own clothes. They’re seeking some additional funding for their next collection with a Kickstarter campaign now. [Kickstarter]

* If you’re in New York and interested about legal careers in banking, swing by the Fordham Law amphitheater tonight from 6 to 8 for a free panel discussion featuring representatives from some of the largest banks in the world hosted by the Chinese Business Lawyers Association. [Eventbrite]

* If you thought the Redskins were offensive, I bring you the Coachella Valley High Arabs. Complete with video of their mascot! [Yahoo! Sports]

* With states increasingly losing access to tried and true execution drugs, the wardens are now experimenting on their own. This sounds (a) incredibly cruel and unusual, and (b) likely to result in creating a supervillian. [Vocativ]

* Texas Attorney General Greg Abbott fought hard for a voter ID law. And on Tuesday, he failed to meet the standards of the law he championed. Derp. [Opposing Views]

* We frequently link to the fun poetic stylings of Poetic Justice. Now you can enter a contest to win a free copy of the book! [Poetic Justice]

* In a horrific turn, a father called the cops to teach his son a lesson. Then the cops killed the son. [Gawker]

* Fear Roatti the White Tiger, Esq. Fear him mightily. [Deadspin]

* This is perhaps the weirdest law firm video ever. Video embedded after the jump… [Legal Cheek]

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