* As I noted yesterday over at Redline, the defense in the NCAA trial is putting up some terrible witnesses. Here’s another example. The NCAA’s expert wrote a textbook. The NCAA might have wanted to check it out before bringing him on to help defend themselves IN AN ANTITRUST CASE. [Twitter / Stewart Mandel]
* Hong Kong lawyers protesting what they see as China meddling. Honestly can you blame China? Ever since Hong Kong let Batman just swoop in and grab that guy, you can’t really trust the Hong Kong legal system. [Reuters]
* 17 bizarre lawsuits. I don’t know, I view the people making sure I get every delicious inch of my meatball sub as heroes. [Crime Wire]
* Dallas just threw its support behind reparations for slavery. Because obviously they didn’t bother to read the resolution. Democracy in action! [Gawker]
* J. Christian Adams misunderstands an election law. This shocks me not at all. In the past, he complained to me that Pam Karlan didn’t understand voting rights based on a panel I covered. She’s now the Deputy Assistant Attorney General for Voting Rights and Adams is still spouting off (affiliate link) about how the DOJ is bending over to service the Black Panthers. [Election Law Blog]
* Did you know the history of drones in America dates back to the Civil War? Well, now you do. And knowing is some proportion of the battle. Infographic below…. [Criminal Justice Degree Hub]
* So we all know University of Texas Law admits politically-connected students with bad grades and scores. But did you know they let in someone with a 128 on the LSAT? ONE. TWENTY. EIGHT. [Watchdog.org]
* Do we even need the Supreme Court? Well, that’s one way to get RBG to retire. [Huffington Post]
* Seriously, the Boston Public School system is eliminating its history department. [Lawyers, Guns & Money]
* Yesterday I talked about a devastating takedown of the latest National Review article contending that sexual assault is no big deal. Perhaps I crowned a champion too soon, because this is an even better whipping of that article. [Concurring Opinions]
* Wait, ID laws ultimately suppress voter turnout? What a surprise! [Election Law Blog]
* The last word in the death penalty debate after the jump… [The Onion]
Dinesh D’Souza pleaded guilty to a charge related to illegal campaign contributions in Manhattan federal court on Tuesday. D’Souza, a conservative commentator, Reagan White House policy adviser, and Christian apologist, is widely known for his documentary film 2016: Obama’s America. D’Souza faces up to sixteen months in prison. Sentencing is scheduled for September 23.
The case involved D’Souza’s use of “straw donors” when his own campaign contributions reached their legal limit. He encouraged two people close to him to each donate to the 2012 U.S. Senate campaign of his friend, Wendy Long. D’Souza promised to reimburse them for the donations. According to a press release by the Department of Justice, “Later that same day or the next day, D’SOUZA, as promised, reimbursed the Straw Donors $10,000 each in cash for the contributions.”
D’Souza’s defenders and critics can apparently agree on several points:
(1) D’Souza committed the crime.
(2) D’Souza committed the crime in an astonishingly ham-fisted way. (There’s nothing sly about handing over cash the day after a conversation like that. D’Souza might as well have delivered the money in a box marked “Campaign Finance Law Violation.”)
(3) The government is making an example of him.
What each side means by “making an example of him” is what makes this case more interesting . . . .
* 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.)]
* Retired Justice John Paul Stevens isn’t exactly too thrilled about the Supreme Court’s opinion in McCutcheon v. FEC: “The voter is less important than the man who provides money to the candidate. It’s really wrong.” [New York Times]
* Neil Eggleston, a Kirkland & Ellis partner who served as a lawyer in the Clinton administration, has been named as replacement for Kathryn Ruemmler as White House Counsel. Please, Mr. Eggleston, we need to know about your shoes. [Associated Press]
* The Manhattan District Attorney’s Office says the D&L trial could last for four months or more. Dewey know who one witness could be? Yup, the partner who allegedly shagged a spy. [Am Law Daily]
* Thanks to the turn of the tide in DOMA-related litigation, a gay widower from Australia is petitioning USCIS to approve his marriage-based green card application, 39 years after it was first denied. [Advocate]
* Here are three reasons your law school application was rejected: 1) you’re not a special snowflake; 2) your LSAT/GPA won’t game the rankings; and 3) LOL your essay. [Law Admissions Lowdown / U.S. News]
* No, Jodi Arias didn’t get Hep C in jail and file a lawsuit to get a restraining order against Sheriff Joe Arpaio and Nancy Grace. We have a feeling we know who did. We’ve missed you, Jonathan Lee Riches. [UPI]
* Want to see a really terrible version of 12 Angry Men? Watch it in Louisiana or Oregon, the two states that allow criminal convictions even when jurors are holding out. The Supreme Court has an opportunity to fix that, let’s see if they will. [Constitutional Accountability Center]
* Speaking of 12 Angry Men, this chart of the Dungeons & Dragons alignments of each juror is entertaining. [Imgur]
* The judge in the Janice and Ira Schacter kerfuffle invoked Above the Law in her decision as proof that the accusations against Ira Schacter were in the public eye. Thanks for specifically promoting us over the rest of the NY media Justice Laura Drager! [NY Post]
* Watch a bunch of law students talk about cats on Facebook. Will it end in douchebag posturing and threats of lawsuits? Of course it will! [Legal Cheek]
* “Volunteer Liquor Commissioner” was disciplined for operating a Facebook page for people complaining about the police. He’s suing. Better question is what does a “Volunteer Liquor Commissioner” even do? [IT-Lex]
* Allegations that Disney ripped off the trailer for Frozen from an animated short. They should really let it go. [Hollywood Reporter]
* Microsoft stopped supporting Windows XP. The IRS decided to keep going with the old product. So now your tax records are at risk. Enjoy the fruits of budgeting with anti-IRS legislators! [TaxProf Blog]
* DEA Administrator decides to up the ante on the stupidest argument against marijuana legalization ever: it’s harmful to dogs. The DEA’s plan to ban chocolate is still in draft. [The Volokh Conspiracy / Washington Post]
* Everyone’s up to date on the Florida lawyer and right-wing congressional candidate with the vampiric cosplay rape fantasies, right? Okay good. [Gawker]
* Jurors say police used excessive force but that the beating didn’t injure the plaintiff. In other news, Florida has a senility problem. [The Florida Times-Union]
* Did anybody notice that Chief Justice Roberts — the author of Shelby County — opened McCutcheon by labeling the right to participate in electing leaders as fundamental with absolutely no irony? [Reuters]
* Anti-gay job discrimination may already be illegal. [Slate]
* The bad economy pits criminal defense lawyers against each other. They shouldn’t do that. [Katz Justice]
* The SEC doesn’t have to abide by the Brady rule and Mark Cuban’s not happy about it. [Wall Street Journal]
After yesterday’s decision in McCutcheon v. FEC, where the Supreme Court found that aggregate contribution limits violate the First Amendment, campaign finance is back in the spotlight. In October, when the Court heard oral arguments for McCutcheon, I wrote about why I thought Shaun McCutcheon should prevail and why “rumors of democracy’s death are greatly exaggerated.” Others apparently still believe the rumors.
Something else this week delivered grist for the mill, as the country considers how political causes ought to be funded. Mozilla, the nonprofit foundation responsible for the Firefox browser and other open-source ventures, promoted Brendan Eich to CEO last week. California law required the public report of Eich’s 2008 contribution to the campaign to pass Proposition 8, the ballot measure amending the state constitution to prohibit same-sex marriage. Prop 8, of course, eventually gave rise to the Supreme Court’s decision last term in Hollingsworth v. Perry. Eich’s financial support of Prop 8 has now given rise to a slew of woes for Eich and Mozilla.
Half of Mozilla’s board members quit, protesting a CEO with a history of activism against same-sex marriage. Some Firefox app developers decided to boycott Firefox projects until Eich is removed from his position. Twitter has been, well, atwitter with criticism.
Then, earlier this week, the dating site OkCupid rerouted all of its users accessing its site from a Firefox browser to a message that began, “Hello there, Mozilla Firefox user. Pardon this interruption of your OkCupid experience. Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.” The message goes on to read, “Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.”
OkCupid’s arrow struck deep. What Eich now faces raises questions about political expression and association, laws requiring disclosure of political contributions, and the consequences of both….
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