Election Law

220px-Eric_Holder_official_portrait* Eric Holder gave millions to Nazis! Or at least that’s how Darrell Issa will put it. But seriously, the Department of Justice has a long-standing policy of allowing Nazi war criminals to collect Social Security payments if they agree to get the hell out of the U.S. [Associated Press via New Europe]

* A Cleveland attorney, Peter Pattakos, is not worried about contracting Ebola, even though he was in a room with a current Ebola patient, because Pattakos is neither a crazy person nor a cable news producer and realizes that he never exchanged bodily fluids with the patient. As he points out, “I’m much more likely to be mistakenly killed by a police officer in this country than to be killed by Ebola, even if you were in the same bridal shop.” [Cleveland.com]

* Chanel is suing What About Yves for trademark infringement. The question Professor Colman asks is whether “we really want a trademark ‘protection’ regime in which mark ‘owners’ can prevent creative, non-confusing uses of ‘their property.'” [Law of Fashion]

* One for the career alternatives file: Miami lawyer who ranks local restaurants opens his own restaurant. At ATL we rank law schools, maybe we should open our own law school. [Southern District of Florida Blog]

* Academic publishers fighting the war on common sense by charging an arm and a leg for access to research that is written and peer reviewed by other people for free scored a victory on Friday when the Eleventh Circuit rejected the lower court’s articulation of educational fair use in the digital age. [The Chronicle of Higher Education]

* Balancing parenthood and the “jealous mistress” that is the practice of law. [Jed Cain]

* An amazing symposium on campaign finance reform from the NYU Law Review and the Brennan Center for Justice. It’s a wealth of content. [NYU Law Review]

* Josh Gilliland from The Legal Geeks gave a presentation on Agents of S.H.I.E.L.D. and the Law at the San Diego Comic Fest, which sounds much more fun than any “and the Law” class I ever took. He’s provided his slideshow presentation…

double red triangle arrows Continue reading “Non-Sequiturs: 10.20.14″

LSAT scantron* The Supreme Court is allowing Texas to enforce its strict voter identification law during the upcoming election, but Justice Ruth Bader Ginsburg, hero to the masses, wrote a rather scathing dissent in opposition. [New York Times]

* Michael Millikin, GM’s beleaguered GC, will be stepping down from his position while the Justice Department continues its probe into the company’s fatal ignition switch failures. A replacement has not yet been named. [WSJ Law Blog]

* Baltimore Law and Maryland’s HBCUs hooked up to assist underrepresented minorities get into law school. Full scholarships come with GPAs of at least 3.5 and LSAT scores of at least 152. [USA Today]

* Kent Easter, the lawyer who was convicted for planting drugs in a school volunteer’s car, was sentenced to serve six months in jail. His law license will likely be suspended (just like his wife’s was). [OC Weekly]

* Accused Boston Marathon bomber Dzhokhar Tsarnaev isn’t doing well in court, and his trial hasn’t even started yet. Motions to dismiss his case and to suppress evidence were denied. [National Law Journal]

Amal Alamuddin Clooney

* The Fifth Circuit is allowing the Texas voter ID law to be enforced during the upcoming election, even though it was recently struck down by a federal judge. After all, “preserving the status quo” is very important down south. [Bloomberg]

* We suppose that’s why the Supreme Court stepped in to make sure that abortion clinics in Texas were allowed to reopen following their shut down. Take that, Fifth Circuit. [New York Times]

* AG Eric Holder is showing off some fancy legal footwork before he walks out the door. Federal prosecutors can no longer ask defendants to waive their IAC claims when pleading guilty. [WSJ Law Blog]

* Davis Polk & Wardwell is a Biglaw firm where hotties roam, and it looks like this top Justice Department prosecutor who started his career there is returning home there to roost. [DealBook / New York Times]

* It’s the debt: With headlines like “Law school applications plummet – at U of L too,” the University of Louisville School of Law can’t even convince alums from its undergrad school to attend. [Courier-Journal]

* Amal Alamuddin changed her name to Amal Clooney on her firm’s website. It’s as if she wants to rub the fact that she’s a human rights lawyer who just got married in everyone’s face. [New York Daily News]


* Apparently, heckling Carmelo Anthony can cost you your job. [Dealbreaker]

* There’s nothing the Supreme Court can do to stop cops who want to take a long time to release you from a stop, even if the Court wants to. [Simple Justice]

* I think we should just ask John Roberts to tell every state precisely how they are allowed to discriminate against black voters and be done with it. Just tell us the rules so we can start the GOTV campaigns. [Election Law Blog]

* Former Manhattan Assemblywoman Gabriela Rosa gets a year in jail for purchasing a sham marriage to gain citizenship. The “for citizenship” part is what got her, because lots of politicians are in sham marriages. [Journal News]

* Judge Frank Easterbrook thinks that the new proposed length limit for appellate briefs is too short. Verbose litigators everywhere, rejoice. [How Appealing]

* I thought “spoofing” was bad for the market, but Matt Levine says cracking down on spoofing “helps” high-frequency traders, who I also think are bad for the market. You know why I’m not an SEC lawyer? Prosecuting people based on them being “bad” becomes untenable when everybody involved is rich. [Bloomberg View]

Every law talkin’ guy is weighing in on the Supreme Court’s decision to restrict early voting in Ohio. The decision broke down 5-4, along predictable party lines. The same five justices who gave corporations a blank check to buy elections, the same five justices who decided to declare racism over in the South, decided to stay the restriction on Ohio preventing the state from scaling back early voting from five weeks to four weeks. No opinion was given, but it’s likely that the conservative justices applied a narrow reading to voting rights protections under the Equal Protection clause and Section 2 of the Voting Rights Act, according to Professor Rick Hasen. Shocker.

I get it, politically. It’s obvious that Democrats feel like their electoral chances are enhanced by allowing everybody to vote as easily as possible. It’s also obvious that Republicans feel like their chances at the polls are better if fewer people vote and richer people have more influence. That’s politics. Census 2020, bring your pitchforks.

But Supreme Court justices are supposed to be above petty politics. And even though we know that they are not, what is the ideological advantage of being against voters? Their jobs are unassailable. They are unaccountable to the people. Why then make it harder for “the people” to elect who they want?

double red triangle arrows Continue reading “Why Do Conservative Justices Hate Voters?”

Justice Ruth Bader Ginsburg

If there was one decision I would overrule, it would be Citizens United. I think the notion that we have all the democracy that money can buy strays so far from what our democracy is supposed to be.

– Justice Ruth Bader Ginsburg, explaining the reasons why she thinks Citizens United was one of the worst Supreme Court decisions of recent times, after being asked her opinion in a wide-ranging interview with Jeffrey Rosen of the New Republic.

(What do you think is the worst SCOTUS ruling in recent memory? Tell us.)

She’s not a porn star, she’s a law student. We could see where you might be confused by that one.

* Now that we know Eric Holder is resigning, there’s been speculation as to where he’ll go next. The obvious choice is a return to Covington & Burling, but he could still surprise everyone. [National Law Journal]

* “Judicial campaign cash is burning a hole in the Constitution.” State court judges are pumping money into their election campaigns, and some have been left to wonder about its true price. [New York Times]

* Details have emerged as to conditions that must be met for Bingham McCutchen’s proposed merger with Morgan Lewis: partner promises, de-equitizations, and forgivable loans, oh my! [Reuters (sub. req.)]

* In the wake of Dean Makau Mutua’s decision to step down at Buffalo Law, a “deep rift” among faculty has been brought to light. The school’s future doesn’t seem as “bright” as we were once told. [Buffalo News]

* A former law student who was falsely identified as a porn star on the radio had her day in court and pulled out a win. Here’s the money shot: she’s walking away with $1 million in damages. [Kansas City Star]

Dinesh D’Souza

* The United States is launching air strikes against ISIS in Syria and Iraq, but some have been compelled to wonder whether it’s legal under international law. Of course it’s legal, under the Rule of ‘MERICA, F*CK YEAH! [BBC]

* Dewey know whether this failed firm’s former COO can get out of paying $9.3M to its bankruptcy trustee? Dewey know whether we’ll ever be able to stop using this pun? Sadly, the answer to both questions is no. [WSJ Law Blog]

* Marc Dreier of the defunct Dreier LLP has been ordered to testify in person in his firm’s bankruptcy case in Manhattan, but he’d rather stay in the comforts of his prison home in Minnesota. Aww. [Bloomberg]

* Dinesh D’Souza won’t have to do hard prison time for his campaign-finance violations. Instead, he’ll be spending eight months in a “community confinement center,” which sounds just peachy. [New York Times]

* Northwestern Law is launching a campaign to fundraise $150M to be spent on an endless supply of Chick-fil-A sandwiches financial aid for students and curriculum improvements. [National Law Journal]

Today is Constitution Day. Today we celebrate a group of racist, white, male landowners finalizing a brilliant document that could be changed to overcome their parochial limitations.

I’m not the kind of guy to chestily proclaim that America is the greatest country on Earth, but I’ll put our organizing legal document up there with anyone’s. I’ve read a lot of constitutions (3L Comparative Constitutional Law finally paying off), and I’m always impressed by our document’s ability to allow for so many different and fractious opinions on how the country should operate. Whether or not you believe in a “living” constitution in the Brandies sense of the word, that our constitution is still alive is damn impressive. As written, our president and our presidential front-runner couldn’t even vote. Half the country went to WAR to get out of the constitution, and when they lost, we didn’t even say, “Okay, let’s start over so this never happens again.” We fixed the constitution after the Civil War, but we didn’t bother to fix the South. Amazingballs.

One of the main strengths of our constitution lies in its amendment process. The thing can be changed, quite easily actually, so long as everybody agrees. And it turns out that we don’t agree very much.

To honor this document, some of us at Above the Law wanted to look at the surprising instances since 1787 when we all agreed. The Bill of Rights doesn’t count. And the Civil War amendments don’t count because, well, we didn’t really all “agree” so much as half of us got their asses kicked and had to eat it. So let’s go with any amendment after the first 15. You could make a compelling case that American political thought can be explained by which of those first 15 Amendments are the most important to you or to your life (and if you read that and thought “the 8th,” I feel so goddamn sorry for you).

But while the latter amendments aren’t likely to show up on a 1L’s list of “amendments I know by number,” they define our modern polity almost as much as the first ten. Let’s talk about them. Let’s talk about our moddable constitution…

double red triangle arrows Continue reading “Constitution Day Special: Our Favorite Unheralded Amendments”

* Law student sends naked selfie to her father. Hilarity ensues. [Inside Edition]

* “Is insider trading bad?” Asking for a friend. [The Atlantic]

* Judge catches law firm cheating on the page limit. Apparently, Judge Carl Barbier was well-versed in the “slightly less than double-spaced” trick. [NPR]

* What’s the matter with (statutory interpretation in) Kansas? [KSN]

* You may have heard that technology is going to gut the market for low-level lawyering. If not, here’s a wakeup call. [Forbes]

* This year’s MacArthur genius grant recipients. Is your name on the list? SPOILER: No. But a William Mitchell Law professor is. [New York Times]

* Steve Klepper’s fair-minded and favorable review of Lat’s forthcoming book, Supreme Ambitions (affiliate link). [Maryland Appellate Blog]

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