Election Law

True story: looking for “kidnapping” stock photos revealed this and a bunch of softcore bondage stuff with pretty girls. That’s pretty sick, yo.

* Look, I’m only one man, I can’t refute it every time the New York Times advertises going to law school using terrible arguments. I mean, Dealbook just let a law professor tell people that this is a good time to apply to law school… because all the smart people aren’t taking the LSAT. I just don’t know what to tell people who are persuaded by that. [Dealbook / New York Times]

* Should kidnapping somebody and forcing them to repair your house after a dispute about the quality of their work be illegal? Or should we just call this “specific performance”? [Gawker]

* Florida legislators throw down with the governor over early voting. Will Florida governor Rick Scott relent? Or is he going to double down on suppressing the vote? [Think Progress]

* I’m really glad this didn’t happen at the Penn State Law School. I didn’t feel like being accused of baiting these sorority girls into having a racist party. [Yahoo!News via The Legal Satyricon]

* What constitutes a sham Senate session exactly? [Huffington Post]

* Are you a lawyer on a deferral or a fellowship looking for an interesting project to pick up? If so, check this out. [Idealist]

* Are you looking for something fun to do in New York City tomorrow night? If so, check this out. [Above the Law]

Wait, that’s the wrong answer.

It’s been great fun to watch archconservatives wake up and realize what country they’ve been living in this whole time. Minorities vote too. Single women don’t like being called sluts. Gays and lesbians are everywhere. And people can understand that sometimes, taxes are necessary.

The emerging American consciousness — from both Democrats and Republicans — that if we want government to do things we have to pay for them with taxes, has been particularly fun to watch. In Austin, Texas, there was a ballot initiative which contemplated raising property takes to in order to pay for “a medical school in Austin and other health care projects,” according to the Austin American-Statesman. And it passed!

But that didn’t sit well with some Texans. Don Zimmerman, treasurer of the Travis County Taxpayers Union political action committee, argued that the initiative — called Proposition 1 — was discriminatory under the Voting Rights Act. Zimmerman and his attorney argued that Prop 1 was confusing to minorities who “have lower reading comprehension than whites.”

Maybe so, but I sho’nuff can spy me a racist when I done read one….

double red triangle arrows Continue reading “Lawsuit of the Day: Texas Lawyer Argues That Minorities Were Too Stupid To Understand Ballot Initiative They Just Passed”

* “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times]

* In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times]

* But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog]

* In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don’t have a case of the munchies yet — federal law still says it’s illegal. [CNN]

* They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal]

* Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times]

* At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel]

* Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]


If there’s one thing Americans are concerned about today other than voting, it’s taking pictures of themselves voting, about to vote, or having just voted. Because what’s the point of participating in democracy if you can’t photograph the experience, put ca-RAZY effects on the pictures, and then put them online?

There isn’t one, obviously.

Except for a little detail that photographing completed ballots is illegal in some parts of the country.

CHECK YOU ELECTION PRIVACY LAWS….

double red triangle arrows Continue reading “Photographing Your Ballot: It Might Be Illegal, Y’Know”

I voted today. I hope you did too or will soon.

It wasn’t “easy.” I voted on the Upper East Side of New York, not exactly a contested district, but I still had to stand in line for an hour outside. Inside, there was more waiting and general confusion and misinformation. There was one non-partisan election lawyer at my location — I said, “It seems like a mad house in here.” He said, “You should see things downtown.”

It was the tenth or eleventh time I’ve voted at that polling place, and this was by far the hardest.

That said, if one looks at the scale of things that are difficult in life, getting into law school is a “1,” getting a job after law school is a “10,” and voting is, at most, a “4.” You can do it. It’s harder than it should be, but it’s not that hard. If you are reasonably intelligent and have a modicum of patience, you can figure it out.

Of course, if you are old or a dumb ass, things might not go so well….

double red triangle arrows Continue reading “The Difference Between Voter Suppression And Voter Duress”

In the end, that hurts the Democrats, because we throw those votes out. I’ve begged them to stop.

Jane Platten, director of the Cuyahoga County Board of Elections (and a Democrat herself), commenting to the New York Times about fraudulent voter registrations coming from groups associated with the Democrats.

* A Hurricane Sandy survival guide. Key components? Food, water, booze, and prophylactics. Who’s ready for a hurricane Halloween party? [FindLaw]

* California’s longest serving death-row inmate just got his sentence set aside by the Ninth Circuit. [WSJ Law Blog]

* A few days before Thanksgiving, SCOTUS will decide whether to hear the Prop. 8 and DOMA cases. Happy holidays? [American Foundation for Equal Rights]

* Sometimes the most effective self-defense weapon isn’t a gun, it’s a pot of soup. [Consumerist]

* Harold Koh, former Yale Law School dean and current legal adviser to the State Department, sits down for a Legally Speaking interview at UC Hastings. [California Lawyer]

* Additional thoughts, this time from Professor Eugene Volokh, on employers urging employees to vote a certain way. [Volokh Conspiracy]

‘Help me, I’m white.’

* Gloria Allred’s “October Surprise” for Mitt Romney didn’t exactly go according to plan, but that’s probably because she never filed the appropriate motions related to the gag order in this decades old divorce case wherein Mitt Romney testified. [Bloomberg]

* This Election Day, 16 Biglaw firms in offices across the country will be manning an Election Protection hotline to field questions, because despite the bad jokes about the legal profession, “lawyers can play a really valuable civic role.” [Am Law Daily]

* “We never make decisions to eliminate positions with any discriminatory conduct.” In other news from the CYA Department, Paul Hastings really doesn’t like getting sued by former legal secretaries who were laid off by the firm. [Thomson Reuters News & Insight]

* The assistant dean of academic support at TSU’s Thurgood Marshall School of Law claims the school discriminated against her based on her skin color. Did we mention she’s white? [Courthouse News Service]

* Apparently the allegations of false reporting levied against TJSL are a “crock of crap” because the school claims the ex-employee who told on them never alerted the dean. Hmm… [Thomas Jefferson School of Law]

* A nice pipe dream: now that “the twilight of the generalist law degree is here,” perhaps law schools will move to a two-year model, with an optional third year for specialization purposes. [DealBook / New York Times]

* For the first time in history, both major party presidential candidates are graduates of Harvard Law School. When reached for comment, Yale Law School said, “President, that’s one of those jobs that you don’t get for life, right?” [Harvard Law Bulletin]

* Please tell me our election technology has at least caught up with 1996 by now. [Election Law Blog]

* Uruguay legalizes abortion — subject to a panel review, a five-day waiting period, and getting the father’s opinion on the matter. Yay? [Salon]

* Twitter censors a user! But it was a Nazi group, so nobody is going to freak out too much. [Slate]

* If this freaking idiot makes it even harder for young, intelligent students to come here on student visas, then his thwarted attack will have caused real damage to American interests. [WSJ Law Blog]

* Abraham Lincoln would have gotten tort reform done. [Futility Closet]

* Everyone’s happy about the Dewey & LeBoeuf settlement except the Ad Hoc Committee and its LeBoeuf retirees, who called Judge Martin Glenn’s attempt to slap them down an “insult to injury.” [WSJ Law Blog]

* While South Carolina’s voter ID law wasn’t found to be inherently discriminatory, its enforcement was still blocked because people will be unable to get their sh*t together in time for the election. [Bloomberg]

* VP debate moderator Martha Raddatz’s 1991 wedding guest list has come under fire because Barack Obama was invited. Clearly there’s a conflict of interest worth arguing about here. [Washington Post]

* This man is nobody’s “butt boy”: Tom Keefe, the interim dean over at Saint Louis Law School, will be footing a $14,212 bill for his students in the form of ABA Law Student Division memberships. [National Law Journal]

* Strippers in California, Florida, Idaho, Kentucky, Texas, and Nevada will be making it rain, because they just scored a $12.9M class action settlement. That’s a whole lot of “college tuition”! [Courthouse News Service]

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