[O]n its face, the [bar passage] information is factual and uncontroversial. Prospective students are free to draw their own conclusions about its relevance. That [Southern California Institute of Law] may not like those conclusions is irrelevant.
– Judge James V. Selna (C.D. Cal.), in a tentative order dismissing the Southern California Institute of Law’s (SCIL) free speech suit against state bar officials, with prejudice. SCIL argued that having to share information on its website about its bar exam passage rates would force the school to adopt an “ideological belief that a law school should be judged by the passage rates of its graduates.” In the past five years, SCIL’s graduates have passed the state bar exam just 7 percent of the time.
(Keep reading to see Judge Selna’s full First Amendment smackdown.)
* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
* In the latest round of musical chairs, Skadden Arps managed to scoop up products liability queen and top woman litigator Lisa Gilford from Alston & Bird. Congratulations! [The Recorder (sub. req.)]
* Is merger mania a thing of the past? With pocketbooks tighter than ever, “pseudo-mergers” are starting to look great. No one will complain about more lawyers with less liability. [Legal Intelligencer]
* Man, it’d be great if you could represent plaintiffs in a class action suit and keep all of the settlement funds without having to pay your clients a cent. Oh wait, you can actually do that? [New York Times]
Or at least his laptop. After a conservative state court judge in Kentucky wrote an op-ed for the local paper arguing that the Supreme Court’s recent rulings on gay marriage didn’t affect the definition of marriage under Kentucky law, a retired federal judge called him on the carpet.
[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.
* As “one of the most respected appellate judges of her generation,” Patricia Wald, the first woman appointed to the D.C. Circuit, was awarded the Medal of Freedom. Congrats! [Blog of Legal Times]
* Biglaw firms saw “anemic” growth in the first half of 2013, and according to the latest Wells Fargo survey, some “minor cuts” are expected in headcount. Well, that’s just great. [Am Law Daily]
* “It is a period of significant change for the firm. That requires some hard decisions.” Patton Boggs has already conducted layoffs, so what could possibly be next for the firm? [Wall Street Journal (sub. req.)]
* Sorry guys, but it looks like Reema Bajaj’s bajayjay will be out of session for the foreseeable future. The attorney accused of exchanging sex for office supplies has agreed to a three-year suspension of her law license. [Chicago Tribune]
* Rather than be bought out by InfiLaw (it could “diminish the value of their degrees”), Charleston School of Law alumni are trying to organize a merger with a public school. Good luck with that. [Greenville News]
* Nebraska will offer a doctorate in space law, which makes sense because… f**kin’ magnets, how do they work? But really, we’re willing to bet it’s because of all of the crop circles in the state. [Miami Herald]
* No joke necessary: This law school claims its rights are being infringed upon because it has to disclose how many of its graduates — 7 percent at last count — have passed the bar. [WSJ Law Blog (sub. req.)]
* Two of Dzhokhar Tsarnaev’s friends were indicted on obstruction of justice charges. If convicted, the pair will face up to 20 years in prison, and they don’t even have a Facebook fan page to show for it. [Bloomberg]
* “[J]ust because something is constitutional doesn’t mean it’s the best idea, or even a good one.” Perhaps we’ve given Chief Justice John Roberts a little too much to do. No wonder he’s gotten cranky. [Opinionator / New York Times]
* “It’s raining lawsuits.” As Justice Scalia predicted, in the wake of the Supreme Court’s ruling in the Windsor case, gay couples across the nation have banded together to challenge bans on same-sex marriage. [NBC News]
* The Fourth Circuit ruled that state authorities in Maryland can’t arrest and detain people just because they look like they might be illegal immigrants. They can only do that in Arizona. [Baltimore Sun]
* No more fun during sequestration, ever! Judges, get ready to kiss your “lavish accommodations” at judicial conferences goodbye, because Senator Tom Coburn is on the case. [National Law Journal]
* For all of the talk that Biglaw is in recovery, summer associate hiring just isn’t what it used to be. Summer class sizes shrank since last year. We’ll have more on this later today. [Am Law Daily]
* On Friday, the ABA Section of Legal Education and Admissions to the Bar will consider making changes to its law school accreditation standards. Yes, the ABA does have standards. [ABA Journal]
* Open wide and suck this down: A film on the life and times of porn star Linda Lovelace may be lost to the cutting room floor because Deep Throat’s rights holders are seeking an injunction. [The Guardian]
* The speed (or lack thereof) of justice: The DOJ filed suit against Bank of America, alleging that the bank defrauded mortgage-backed securities investors in 2008. [DealBook / New York Times]
* Sri Srinivasan, the newest member of the D.C. Circuit’s bench, is getting ready to hear his first arguments, while litigants try to commit the spelling of his last name to memory. [Legal Times]
* The LSAT is not to blame for the dearth of minority enrollment in law schools, said a UVA Law professor, and then a Cooley Law professor had to swoop in to slap him down. [National Law Journal]
* After teaming up with Touro, the University of Central Florida is working with Barry on an accelerated degree program. The dean of FAMU is upset. Don’t worry, you’ll get your turn, too. [Orlando Sentinel]
* New Jersey is in no rush to legalize gay marriage. To support their views, officials point out that people with civil unions are just like married couples — except for the married part. [New Jersey Law Journal]
* Meanwhile, a judge in Illinois will decide whether she’ll dismiss a challenge to the state’s gay marriage ban by the end of September. In her defense, early fall is a great time for a wedding. [Daily Herald]
* Belvin Perry, the judge who presided over the Casey Anthony murder trial, may be getting his own Judge Judy-esque television show. Oh, Flori-duh, you never, ever cease to entertain us. [MSN News]
The committee voted 10-8 to approve Millett’s nomination. Take a guess what all the voters had in common? Yes, the 10 Democrats voted “Aye” and the 8 Republicans voted “Nay.” Yet even while voting her down, the Republicans went out of their way to note that Millett was qualified for the post, but opposed her on the bogus argument Senator Grassley has been pushing that the D.C. Circuit is “underworked.”
During the hearings, Senator Grassley cited two anonymous letters, presumably from D.C. Circuit judges, to support his stance. Sounding very “Secret Plan to End the Vietnam War,” the anonymous poll felt very unscientific and shady.
Now we’ve got a hold of the secret survey Grassley sent judges. It’s as entertaining as his Tweets…
* Hiring a Supreme Court clerk might not be worth a $500,000 gamble for some Biglaw firms. Some will take that sweet sign-on bonus and remove their golden handcuffs before a year is out. [Capital Comment / Washingtonian]
* Akin Gump partner and D.C. Circuit nominee Patricia Millett won approval from the Senate Judiciary Committee by a margin of 10-8 along party lines, and now her nomination will head to the full Senate for a vote. [Huffington Post]
* President Obama nominated Michelle Friedland and John Owens, two young Munger Tolles & Olson partners, for seats on the Ninth Circuit. If confirmed, that’ll make three partners from the same firm on the bench. [The Recorder]
* Sorry, law firms, but it’s no longer cool to inflate hourly billing rates for contract attorneys when you pay them substantially less. You can thank Ted Frank for this judicial revelation. [WSJ Law Blog]
* The ABA Task Force on the Future of Legal Education thinks that just about everything having to do with law schools is “deeply flawed” and needs “serious re-engineering.” How comforting. [ABA Journal]
* Law School Transparency is willing to assist schools with the reporting of their ABA post-graduation job placement statistics, for a price. How much is integrity worth these days? [National Law Journal]
* For $25K, Casey Anthony’s bankruptcy trustee won’t make her sell the worldwide rights to her story — like her theory of the crime she was acquitted of, it “exists solely within [her] mind.” [Sun-Sentinel]
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
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