* How would you describe the mainstream media’s recent reporting on Citizens United? Not true, not true — and Dan Abrams explains why. [Mediaite via The Corner / Ramesh Ponnuru]
* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]
* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]
* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]
* Professor Mark Fenster writes an interesting post in defense of boredom (triggered by Adminlawgate at Yale Law School). [PrawfsBlawg]
* Speaking of boredom and frustration, let’s talk about… e-discovery! [Inside Counsel]
* What’s a hot practice area for 2012? [Going Concern]
* Speaking of hot practice areas, are you an intellectual property or technology lawyer? If so, this development might interest you. [MarketWatch]
Jennifer Hudson
* At least two firms probably won’t be handing out spring bonuses like candy this year. While gross revenue remained steady at Dickstein Shapiro and Crowell & Moring, PPP dropped at both firms. [Legal Times]
* Not-so breaking news: the Thirteenth Amendment applies only to humans. It seems like the only people who didn’t already know that were the lawyers PETA hired for their orca whale slavery case. [Washington Post]
* Washington has approved a bill to legalize same-sex marriage, and Governor Gregoire has vowed to sign it. Wedding planners can prepare for a fabulous summer season, and divorce practitioners can create a new niche. [CNN]
* In China, lawyers are allowed to name their firms after imaginary people. Here in the United States, we’ve got laws against that, and for good reason. Because knowing Americans, we’d probably end up with a bunch of dueling Dewey, Cheatem & Howes. [Thomson Reuters News & Insight]
* Jennifer Hudson says, “And I am telling you, I’m not going — to speak to your lawyers.” William Balfour’s defense team wants to meet with her prior to his murder trial. [Chicago Sun-Times]
* Valentine’s Day is right around the corner, and if you’re still trying to find the best present for your crappy spouse, then look no further. This law firm is giving away a free divorce. [Charleston Daily Mail]
* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]
* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]
* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]
* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]
* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]
* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]
* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]
Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”
The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)
Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….
Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”
Judge Jeffrey Sutton
Over the weekend, Mark Oppenheimer wrote an interesting New York Times piece about the Sixth Circuit’s recent ruling in Ward v. Polite (PDF). In that case, Judge Jeffrey Sutton — noted feeder judge, judicial hottie, and possible SCOTUS nominee in a Republican administration — handed a (partial) victory to Julea Ward, an evangelical Christian who sued various teachers and administrators at Eastern Michigan University, where she had been studying counseling.
Here’s a concise summary of the facts, from the opening to Judge Sutton’s opinion (which is wonderfully clear; he’s great at explaining complex legal issues to large lay audiences; see also his Obamacare opinion):
When the university asked Ward to counsel a gay client, Ward asked her faculty supervisor either to refer the client to another student or to permit her to begin counseling and make a referral if the counseling session turned to relationship issues. The faculty supervisor referred the client. The university commenced a disciplinary hearing into Ward’s referral request and eventually expelled her from the program. Ward sued the university defendants under the First and Fourteenth Amendments.
Ward claimed that her expulsion violated her free speech and free exercise rights. The district court granted summary judgment in favor of the university, but the Sixth Circuit reversed. At the same time, the Sixth Circuit held that Ward wasn’t entitled to summary judgment in her favor either: “At this stage of the case and on this record, neither side deserves to win as a matter of law.” So perhaps we’ll end up with a trial.
Who’s in the right here, Ward or the university? Let’s discuss….
Continue reading “Should Therapists Be Able to Turn Away Clients on Moral Grounds?”
Greg Kelly
* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]
* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]
* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]
* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]
* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]
* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]
* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…
Continue reading “Non-Sequiturs: 01.26.12″
SLU Law's Raven Akram
* Time for a Biglaw battle: William Baer of Arnold & Porter is the front runner to take over the DOJ’s antitrust division, but could he lose the spot to one of O’Melveny’s finest, Richard Parker? [Blog of Legal Times]
* It’s about time people remembered there’s no such thing as privacy anymore, but in case you forgot, Google is here to remind you. Say hello to the company’s latest plan for internet domination. [Washington Post]
* Welcome to New Jersey, a lovely place where Governor Chris Christie thinks that gay people are qualified to be state supreme court justices, but completely unqualified for marriage. [Businessweek]
* Indiana Tech is breaking ground on the law school nobody wants, and St. Louis University is moving the law school everyone hopes will attract more NFL cheerleaders. [National Law Journal; St. Louis Business Journal]
* Pamela Anderson has settled a lawsuit over her alleged failure to promote the sale of condominiums. Because people would totally buy a condo after a pair of boobs told them to do it. [Winnipeg Free Press]
* Two men from West Virginia claim that they were sexually assaulted by Andy Dick in a nightclub. The long and short of this lawsuit: Andy Dick has been accused of allegedly acting like Andy Dick. [Toronto Sun]
It woud be nice if the Senate could have actually given this guy a vote instead of forcing the present ugliness.
* The recess appointment of Richard Cordray to head the CFPB could get tricky — not because Republicans are outraged by recess appointments (much like Democrats are outraged by obstructionist filibusters), but because Congress isn’t technically in recess, due to the sham sessions Congress has been running. [WSJ Law Blog]
* Milbank, if you’re going to brag about being the only major Wall Street firm to have an Orthodox Jewish woman as a partner, you better be telling the truth, you meshuganas. [Thomson Reuters News & Insight]
* The ABA responded to the Duncan Law antitrust suit. Its basic response is that the ABA doesn’t arbitrarily keep bad schools out, it only arbitrarily lets bad schools in. [Law School Transparency]
* But Duncan probably isn’t just in it for the legal fight. The school wants to bring media attention to the ABA’s random oversight of legal education. [Law Librarian Blog]
* Does Obama need to endorse gay marriage before the election? Or does he just tell the gay community “Santorum” until they get on board? [The Root]
* Is it really that surprising that the unemployed are NOT on drugs? Aren’t Republicans the ones who are supposed to understand that in a market, desirable goods cost money? If you want to drug test a constituency, do a random raid at a white-shoe law firm, and don’t forget your chemistry set. [Huffington Post]
* It’s nice to ask permission before you appropriate somebody’s song as your campaign theme. [Fox News]
* Thanks to everybody who voted for us as their favorite legal blog for news in the ABA Journal’s Blawg 100 poll. You’ve given us the strength to keep reporting on spring bonuses, even though they don’t technically exist yet. [ABA Journal]
Rick Perry: 'It's this big.'
* Ken Cuccinelli, Virginia’s Attorney General, wants Rick Perry’s election law suit to be dismissed, because really, what’s the point? Standing or not, Perry got completely hosed in Iowa. [Bloomberg]
* What’s next for Stephen Glass? When all else fails, hire a high-profile appellate team to do your dirty work for you. He could write a book about this and he wouldn’t even have to lie. [Am Law Daily]
* 1Ls who hope for good grades have better chances of getting them. Everyone else is screwed unless they buy that Secret book housewives raved about on Oprah. [National Law Journal]
* An Illinois police officer tracked a woman down after giving her a speeding ticket, wrote her a love note, and now she’s suing him. Harsh. Why not throw him a rejection hotline number? [Daily Mail]
* You thought Touro was the worst law school in New York by a landslide, but our second-place finisher is earning its medal. CUNY Law’s bar passage rates plummeted in 2011. [New York Post]
* Johnny Weir, the most fabulous figure skater in all the land, has married a Georgetown Law grad. His Twitter profile says he’s taking the New Jersey bar exam soon. Good luck! [Washington Post]
* Robert L. Carter, S.D.N.Y. Senior Judge and desegregation strategist, RIP. [New York Times]
* Facebook settled with the FTC over its privacy violations. Mark Zuckerberg will be adding a “dislike” button to the site so he has an appropriate way to deal with this. [National Law Journal]
* The lawsuit seeking to overturn gay marriage in New York will proceed. Eric Schneiderman just got disinvited from more holiday parties than he can even count. [New York Times]
* On appeal, Dechert will get to walk away from the Dreier drama without losing a single dime, but not if Marc Kasowitz has anything to do with it. [New York Law Journal]
* Herman Cain’s defamation lawyer, Lin Wood, is apparently living on a very nice planet where “guilt by accusation” isn’t already the norm in the realm of politics. [Washington Post]
* What’s with all of the child predator attorneys flocking to New Jersey? Solo practitioner Tobin Nilsen got 12 years for trying to have sex with a 7-year-old girl. [Atlanta Journal-Constitution]
* Seriously? We’re still deporting gay people who are married? Are there really people who are still in favor of this policy? [Stop the Deportations]
* On the upside, these shoppers can now literally say they got somebody a gift over that man’s dead body. [Huffington Post]
* When did Jed Rakoff become so godlike? [WSJ Law Blog]
* Christmas gifts that you’ll only like if you are a lawyer and already have an iPad. [Constitutional Daily]
* Is your job more interesting than soap for your hair? [Ross's Law Marketing Blog]
* I like the suggestion, by Professor Frank Pasquale, that firms are pushing the “useless first-year” meme to maximize their profits. If true, we should see a bunch of talented first years opening their own shops in 3…2…1… [Balkinization]
Kim Kardashian
* Deborah Batts, the first openly gay judge to serve on the federal bench, got married this weekend. We hope she doesn’t become the first openly gay federal judge to get divorced. [New York Times]
* Things are getting hairy for Kim Kardashian, and not just because she’s Armenian. A hair removal company is suing her, saying she’s lying about how she gets all of that hair off her body. [Fox News]
* Lori David: she’s every teenage boy’s dream, and every mother’s nightmare. A hot Texas mom has been banned from the internet after sexting naked pictures to her son’s friend. [Daily Mail]
Let’s see what else the ladies are up to this morning….
Continue reading “Morning Docket: 11.15.11″
Wave goodbye to that ring.
* According to the Bureau of Labor Statistics, 400 new jobs were added to the legal industry last month. Talk about progress. That’s like a fraction of a job for every successful bar exam taker. [Am Law Daily]
* Biglaw firms in Washington, D.C. are racing to get more green. Sadly, we’re not talking about money or bonus news. We’re talking about tree-hugging, environmental hippie design initiatives. [Washington Post]
* Same-sex couples in New Jersey will get the chance to challenge the state’s civil union law. Here’s hoping that my home state gets with the program and allows gay marriage like our New York neighbors. [Star-Ledger]
* “Lawsuit-crazed groomzilla” Todd Remis isn’t happy with the media’s coverage of his wedding woes. We’re “turning this into a circus,” he says. Uh, you did that yourself, buddy. [Huffington Post]
* What’s the best way to get out of a possible 15-year jail sentence? It’s as easy as saying that you’re an illegal immigrant and getting yourself deported to Mexico. [ABC News]
* Kim Kardashian has a pricey clause in her prenup. She’ll have to pay her soon-to-be ex-husband the purchase price of her gaudy engagement ring if she wants to keep it. [New York Post]
It’s late October, so Biglaw bonus news could drop any day now. In 2010, Cravath didn’t kick off the season until November 22. But back in 2009, Cravath announced bonuses on November 2. And in 2007 — yes, the glory days, before the Great Recession — Cravath announced bonuses, regular and “special,” on October 29.
In light of the economic gloom and doom, including the possibility of a double-dip recession, it wouldn’t be shocking if bonuses are modest this year. Better to conserve the cash and avoid layoffs, right? Or maybe repeat what happened in 2010 and save some money for spring bonuses in a few months, when firms might have a better idea of the direction of the economy?
Regardless of how bonuses turn out, there are other pockets of good news in the world of large law firms — even news requiring law firms to open their wallets. Check out the growing number of firms that offer the perk we’ve dubbed the gay gross-up….
Continue reading “Biglaw Perk Watch: Has the Gay Gross-Up Hit the Tipping Point?”
Anytime my lawyer friends talk shop, my divorce lawyer friend always has the most interesting stories. A few months ago, a group of us went for happy hour. The conversation turned to a discussion of what we were doing at work. I said that my client was contemplating settlement over his parking lot lawsuit. Everyone yawned. My finance lawyer friend began to talk about securitizing something, but then just stopped talking because she knew her work was even more boring. This trend continued until my divorce lawyer friend talked about a recent trial. The highlights of her story included a lesbian affair and a mail-order bride. We were all rapt.
For that reason, I have wanted to profile a divorce firm for a while. Recently, I was lucky enough to have a conversation with San Francisco family lawyer (I guess they prefer that term) Erik Newton. His firm, Heath Newton LLP, has become a highly regarded boutique law firm that specializes in “Family Building,” “Divorce and Dissolution,” and “Asset Protection”….
Continue reading “Size Matters: Divorce Lawyer Gives Marriage Advice”
We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.
With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:
What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?
Continue reading “A Preview of the Upcoming Supreme Court Term”
* Opponents of New York’s gay marriage law are suing because the Senate kept negotiations in the closet. AG Eric Schneiderman has moved to dismiss the suit, citing a lack of fabulosity. [Wall Street Journal]
* Seven states have joined the Department of Justice in asking to be crossed off the guest list for AT&T’s marriage to T-Mobile. Why? They know there’s no reception to follow. [International Business Times]
* Apparently the law is old-fashioned and doesn’t like it when women are on top, but any way you slice it, we’re still getting screwed. [Washington Post]
* DSK has admitted that his May rendezvous with a Sofitel slampiece was a “moral error.” Really? Come on, bro, we all know that you think your greatest error was getting caught. [Reuters]
* Matthew Couloute Jr., the lawyer suing his exes over their alleged online comments, tells his side of the story, saying of Stacey Blitsch: “Oh, that’s a mistake.” Ohhh, burrrn. [New York Post]
* Max Wildman, co-founder of Wildman Harrold Allen & Dixon, RIP. [Crain's Chicago Business]
Life's a Blitsch, and then you die.
* “If you love me you’ll pass this bill.” Sorry, Obama, but even the Democrats are busy washing their hair on this one. How about we pass a resolution like this instead? I’d totally love Obama for that. [New York Times]
* What’s with town clerks in New York and gay marriage licenses? If you refuse to do your job, you shouldn’t be forced to resign, you should be fired. Proskauer’s nicer than me, though. [Thomson Reuters News & Insight]
* Gary Giordano, the man accused of killing his swinging gal pal in Aruba, has hired a new attorney. Apparently Jose Baez is now the go-to guy for defendants with shady pasts and even shadier alibis. [Daily Mail]
* “Leicester, you are not the father!” If only this had happened on an episode of Maury. Lawyer Leicester Stovell’s paternity suit against LeBron James has been dismissed. [The BLT: The Blog of Legal Times]
* The Blitsch is back, and she’s got Gloria Allred on her side to file a motion to dismiss. Why? Because all women should have the right to embarrass ex-lawyerly lovers online. [New York Post]
* A case of puff puff politics? You know what, if they gave out free pot before every major election, I bet a lot more people would register to vote. [CNN]
Accepted in Utah.
* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]
* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]
* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]
* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]
* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]
Grandpa's idea of fun.
* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]
* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]
* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]
* How would you describe the mainstream media’s recent reporting on Citizens United? Not true, not true — and Dan Abrams explains why. [Mediaite via The Corner / Ramesh Ponnuru]
