Drugs

* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]

* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]

* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]

* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]

* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]

* Chief Judge Easterbrook allows a $25K student-loan discharge for a “destitute” paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]

* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]

* Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)….

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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]

Yo, You Smoke?

You were going to read this post, until you got high.

Yo, you smoke? I mean, you like to get high? I like to smoke pot on occasion. I don’t remember if the character and fitness application for bar admittance asked about drug use, but I think it probably did. It doesn’t matter, of course. Just another brick in the wall of hypocrisy that our nation’s drug laws and attitudes have become. Or have always been. I don’t really know. But seriously, you smoke?

I’ve never been terribly enthusiastic about smoking weed. To be honest, I’m too lazy to develop a serious pot habit. To me, it’s no different than collecting stamps or reading literature. It takes effort. And that’s just something that I don’t have much of in large amounts. This is all to say that if I were a harder worker or had more motivation to do something/anything, I’d probably be a pothead. I mean, I like smoking pot well enough.

This weekend, the New York Times blew up your bubby’s spot. And Rand Paul went on national television and said a whole lot of sensible things that no one in their right minds could disagree with. And, well, it got me thinking.

Yo, you smoke?

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Paul Bergrin (via Getty Images)

I have to give Paul Bergrin some credit. This former federal prosecutor, accused of drug dealing, pimping, and murder, has been remarkably successful at eluding conviction for his crimes.

Bergrin was first arrested back in 2009. The U.S. Attorney’s Office for New Jersey, where Bergrin once worked before becoming a defense lawyer, brought him to trial. That trial, which took place in 2011, ended with a hung jury. Some time was taken up with appellate machinations (in which the U.S. Attorney’s Office prevailed).

A new trial, before a different district judge, got underway this January. And today justice finally caught up with the man that New York magazine famously dubbed “the baddest lawyer in the history of Jersey”….

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* Legal advertising meets Godwin’s Law. [Lowering the Bar]

* Carla Spivack of Oklahoma City University’s law school suggests rethinking the logic of statutes that prevent a killer from inheriting from their victims. Spivak argues that most of such killings involve escaping abusive situations and not a “child who kills a grandparent to hasten an inheritance.” Um, Spivak hasn’t watched enough Murder, She Wrote. [The Faculty Lounge]

* “Would It Be Okay To Perform Surgery On Crack?” I’m not sure, but I’m a sporting fellow! Fetch me a scalpel and your finest rock! [Legal Juice]

* Dunkin’ Donut’s employee used hot coffee to spoil a robbery while yelling “go run on Dunkin.’” Moral of the story: Next time rob Winchell’s. [NBC New York]

* Bear Lawyer grapples with sequestration. I’m fairly certain the chalkboard behind him is a direct reproduction of a notepad Paul Ryan used. [Bear Lawyer, LLC]

* Subway founder says regulations would prevent him from building his business today. “I had an easy time of it in the ’60s when I started.” Yes, it’s harder to cut costs with horse meat today, but you can still dare to dream. [Overlawyered]

* Mila Kunis is the greatest interview ever, turning the whole thing around on a nervous interviewer. There are a couple important lessons here for litigators: (1) don’t get too stuck to your script; and, (2) if you’re going to let the witness take over the examination, just hope they’re trying to help you. Video after the jump. [YouTube via BBC Radio 1]

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Justice Sotomayor: you wouldn’t like her when she’s angry.

As we recently observed, Justice Sonia Sotomayor could be thought of as the people’s justice. The Wise Latina is also the Warm Latina.

Justice Sotomayor shows up on Sesame Street as well as One First Street. She hugs little girls on her book tour. She hires law clerks from outside the top 14 law schools.

But you need to stay on her good side; if you tick her off, woe unto you. Let’s check out the Beloved World (affiliate link) — of pain — that Her Honor just inflicted on a federal prosecutor down in Texas….

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Puff, puff, pass up your deductions.

An emerging industry that can provide hundreds of thousands of jobs is being held back by these crazy tax rates. We’re like any other small businesses, that just happens to be illegal in some states.

Betty Aldworth, deputy director of the National Cannabis Industry Association, commenting on a provision of the tax code that’s preventing those in the medical marijuana industry from taking standard business deductions, and forcing them to pay tax rates of up to 75 percent.

* Palestinian prisoners are smuggling spooge out of prison to make babies on the outside. The article raises some fascinating legal and ethical questions, but thankfully fails to explain the logistics of the scheme. [Bill of Health / Harvard Law Petrie-Flom Center]

* Florida is looking into the question of whether judges and attorneys can be Facebook friends. But it’s so useful to have real-time feedback of which arguments that judge is going to “Like.” [IT-Lex]

* The government has indicted a lawyer on charges of bankrolling a synthetic marijuana operation. So real-life Kentucky is just like Justified Kentucky. [USA Today]

* The defense of Oscar Pistorius springs back and has a good day. [Deadspin]

* This article about KU Law Professor Stephen Ware’s arrest on domestic abuse charges sounds bad, but he’s actually a hero for putting together an elaborate and interactive issue-spotting exam for his final. [6 News Lawrence]

* This will be fun. What are the weirdest constitutional arguments ever asserted in court? [Volokh Conspiracy]

* Former Senator Pete Dominici admits that he’s the father of Vegas lawyer Adam Laxalt of Lewis and Roca. While a Senator for New Mexico, Dominici was nailing the daughter of Nevada Senator Paul Laxalt… just to be neighborly. [Reno Gazette-Journal]

You’ll have to excuse me if this post comes off a bit more confused or muddled than it usually does. It’s being written amidst the swirl and din of Valentine’s Day preparations. This year, I’m making dinner which I thought would be the easier (read: cheaper) option. Listen, there’s a reason I’m poor. And it’s not because I’m secretly a genius. This is the dumbest thing I’ve done. Just got back from the grocery store, where I spent a small fortune on one (still hypothetical) meal. Have I mentioned I can’t cook? This is a Hindenburgian disaster and I wish I could blame my girlfriend or the Valentine’s Industrial Complex. Maybe love itself for the way it blinds you to your inability to measure up, if only briefly. But no, none of these are the likely culprit. As I already said, there’s a reason I’m poor. A reason I’m financing a T14 debt burden on a TTT salary. I’m humble enough to admit that the only reason I continue to make bad decisions is a simple one: I think my mom smoked crack while she was pregnant with me.

Vince Young is broke. Or, he may be broke. At any rate, Vince Young is currently financing a Pro Bowl debt burden on a waiver wire salary.

Let’s talk sports…

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It sucks when your client is caught on video selling 99% pure meth to an undercover DEA agent. It sucks even more when he decides to turn in the kingpin in exchange for a shorter sentence, and the guy he names is also your client.

– An ex-Skadden lawyer turned criminal defense attorney.

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