Gay Marriage

* Dewey know which D&L defendants did the perp walk of shame before their arraignment yesterday? Three of the ex-executives! Even Steve Davis, who quit his job as in-house counsel to Ras al Ghul Khaimah of the UAE last week. [Am Law Daily]

* It’s about half and half when it comes to states that have filed briefs with the Tenth Circuit in support of or against the rulings striking down gay marriage bans in Utah and Oklahoma. Sadly, not everyone can be as fabulous as we’d like. [National Law Journal]

* Abortion clinics are closing their doors in Texas thanks to new legislation, and the total number of clinics in the state come September will be six. Let the Mexican medical tourism commence. [New York Times]

* Illegal immigrants can’t practice law in Florida, says the state’s Supreme Court, but they can in California. Good thing there’s eleventy billion law schools there to accommodate them. [Miami Herald]

* Webster Lucas, the fellow suing McDonald’s over an alleged race-based napkin denial that’s since prevented him from working, has sued fast food joints before. He’s a “vexatious litigant.” [NBC Los Angeles]

With the death of the Law Clerk Hiring Plan, federal judges are hiring law clerks earlier and earlier in students’ law school careers. We recently wondered — jokingly, but only half-jokingly — whether 1Ls should start applying for clerkships.

So federal judges should be keenly interested in the insights of young legal minds — especially minds being cultivated at the Yale Law School, the nation’s #1 law school (according to both the U.S. News rankings and the Above the Law rankings). Right?

Well, just because a judge wants your advice as a law clerk doesn’t mean he wants to hear from you as an expert witness. A current Yale law student recently learned this lesson the hard way….

double red triangle arrows Continue reading “The Benchslap Dispatches: Judge Not Interested In Yale Law Student’s ‘Opinions’”


* We’re getting closer to being able to unlock our phones legally. Soon you can accidentally brick an iPhone without fear of reprisal. [The Guardian]

* The Wall Street Journal thinks law student résumés are nearly identical (?) and recommends cultivating “quirky interests” like serving as a college mascot. Because national law firms just feel safer with Furries on staff. [The Legal Watchdog]

* A judge who already faces overlapping ethics proceedings is about to add a couple more to his plate. This time the allegations include sleeping with a law student, not disclosing when she appeared before him, and “misappropriating” marijuana evidence. He doesn’t seem to get that the whole “What happens in Vegas” thing only works if you’re not living there. [Las Vegas Law Blog]

* Someone tries to fight Larry Lessig on copyright. They lose. [IT-Lex]

* An applicant withdraws his application to a law school because they do not allow gay or lesbian wedding ceremonies on campus. While that’s a noble decision, did he really think a Catholic school was going to be having gay and lesbian weddings? [The Ivy Coach]

* Professors Chris Sprigman and Barry Friedman employed a cool tool called ReplyAll to have a public discussion about the NSA. [Just Security]

* Redeployment (affiliate link) is a new collection of stories by Phil Klay focusing on the transition of Iraq veterans to stateside living. One story focuses on a Marine going to law school. Apparently he wanted to trade one brand of PTSD for another. [New York Times]

* Wow, it looks like San Diego has a real problem policing its police. [Voice of San Diego]

* If you’re in the Boston area next week, check out Disruptive Innovation in the Market for Legal Services, a cool symposium on March 6. [Harvard Law]

Amanda Knox

* Of course there’s a gender pay gap in Biglaw, but none of the firms are going to tell you about it. We’ll be discussing the results of the annual National Association of Women Lawyers survey later today. [ABA Journal]

* In case you’ve been sleeping under a rock, Texas struck down its ban on gay marriage, but stayed the ruling pending appeal. Seriously, of all places, this happened in Texas. Yeehaw! Ride ‘em, cowboys! [New York Times]

* Well, there goes that “judgment proof” argument. An insurer must defend the Temple Law student who shot a Fox Rothschild partner’s unarmed son under his parents’ homeowners insurance policy. [Legal Intelligencer]

* New Mexico Law didn’t like what it found after auditing its SBA’s off-campus bank account. FYI: the SBA apparently isn’t supposed to spend money on bars, liquor, and restaurants. Who knew? [Albequerque Journal]

* “I don’t want to pay for someone else’s peculiar behavior.” Amanda Knox’s ex-boyfriend, Raffaele Sollecito, is changing his tune about his former flame as their appeal date gets closer and closer. [CNN]

Already hailing a cab.

* Congratulations to A&L Goodbody partner Cian McCourt on becoming a father after his wife gave birth on the sidewalk at 68th Street and 3rd Avenue. [BBC News]

* A class action alleging that hotel price gouging led to a broken tooth. What? [Lowering the Bar]

* Remember the “you’re not good enough” rejection letter? Well, now you can express your feelings about it with this poll. [Althouse]

* A comprehensive survey to the access to justice available to the average America. Spoiler alert: Not a lot. [National Center for Access to Justice]

* Florida-sized corruption allegations. [South Florida Lawyers]

* Is law school a Veblen good? [Lawyers, Guns & Money]

* Dan Patrick (the Texas Republican, not the famous anchor) told all his Twitter followers the true definition of marriage: “ONE MAN & ONE MAN.” Sorry, lesbians. [Slate]

* A Miami attorney is gearing up for legalized medical marijuana. He’s even selling franchises, hopefully called McKinebud’s. [Daily Business Review]

* Is Gwyneth cheating on Chris Martin with an entertainment lawyer? [Defamer]

* A Florida village has become a refuge to sex offenders because there’s nowhere else they can go. Isn’t this the plot of Arrested Development? [Agence France-Presse via Yahoo!]

* As if law schools aren’t charging enough, they also absolutely ravage students on casebook prices. It doesn’t have to be this way. [PrawfsBlawg]

* Who’d have thought it would be this hard to define a pig? [Modern Farmer]

* If you aren’t following DLA Piper’s boss Sir Nigel Knowles on Twitter, then… you’re lucky. [Legal Cheek]

* The vice president of the Constitutional Accountability Center weighs in on Judge Wright Allen’s marriage equality decision from the perspective of a gay, married Virginian. [Pilot Online]

* See, it’s not just lawyers who get annoyed when TV doesn’t live up to the realities of the profession. Political communications professionals can get pretty irked by House of Cards. [Ditto Public Affairs]

* A circuit judge just seized control of a lower court’s docket, setting restrictions on a judge’s ability to hear domestic violence cases after finding a repeated pattern of improperly blowing off these matters. It may be the Benchslap-Heard-Round-the-Nation since the slapped jurist is also the president-elect of the American Judges Association. [Detroit Free Press]

Justice Scalia

[Victories for same-sex marriage] will keep happening. And someday soon, Justice Scalia will have the chance to deliver the most vitriolic ‘I told you so’ in recent Supreme Court memory.

Jesse Wegman, a member of the New York Times Editorial Board, discussing how prescient Justice Antonin Scalia has been on the issue of marriage equality.

(Additional notable quotes and links, after the jump.)

double red triangle arrows Continue reading “Hell Hath No Fury Like Justice Scalia… Vindicated?”

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

* With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

* Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

* For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

* Haller Jackson, the law clerk accused of attempted aggravated rape of a minor, has been in and out of court. His defense team filed a motion to suppress a purported confession. MOAR info, plz! [Slabbed]

* Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]

This is pretty archaic.

* Being a mass murderer wouldn’t be any fun if you couldn’t play video games. Also, let’s Upworthy this: Elie tells a story about himself dancing naked… you won’t believe what happens next. [ATL Redline]

* Ted Wells of Paul Weiss finally got off his duff and issued his report on the harassment situation in the Miami Dolphins locker room. [Deadspin]

* ♫Rubber Duckie, you’re the one, you make state legislative sessions drafting complicated statutes allowing gambling on racing you so much fun!♫ [Lowering the Bar]

* From the “dick moves” file, this guy put up a Craigslist ad pimping out his neighbor without her knowledge or consent. From the f**king idiot files, this guy had no idea how easy it would be for the authorities to track him down. [IT-Lex]

* Is the aggressive lateral partner recruitment strategy bringing results? [Adam Smith, Esq.]

* There’s pretty much nothing OK with the new gay segregation law in Kansas. [Lawyers, Guns & Money]

* The Virginia decision legalizing gay marriage made one slight misstatement. “Our Constitution declares that ‘all men’ are created equal.” Really? Does it now? [Josh Blackman's Blog; WSJ Law Blog]

* Intelligence Squared held a debate last night between Pentagon Papers whistleblower Daniel Ellsberg and the ACLU’s Ben Wizner against former prosecutor (not Weekend at Bernie’s star) Andrew McCarthy and former CIA Director R. James Woolsey on the question: Snowden Was Justified. The video is embedded after the jump…. [Intelligence Squared]

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Judge Diarmuid O’Scannlain (my former boss)

* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]

* The Ninth Circuit, in an opinion by Judge Diarmuid O’Scannlain, issued a major Second Amendment ruling. Is it correct, and what will happen next? Professor Eugene Volokh shares his thoughts. [Volokh Conspiracy; Volokh Conspiracy]

* Which leading law firms are trying to make the Comcast/Time Warner Cable monstrosity into reality? [American Lawyer]

* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]

* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]

* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]

* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]

* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]

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