* 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]
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″
Being a student at Penn State has to be about as close as you can come to being in a World War I foxhole. Their reputation is just getting bombed from all sides. Right now, kids should just be trying to keep their heads down and ride this out.
But in the PSU Law foxhole, somebody just laid an egg.
Apparently students at Penn State’s Dickinson School of Law have already been banned from a few area hotels for drunken and inappropriate behavior this fall. And now a student is throwing around a slur on the school list-serv.
It’s not happy times in Happy Valley…
Continue reading “Penn State Law Students: Now Might Not Be The Best Time To Be Getting Drunk And Calling People ‘Queer’”
John J. O'Brien
Last August, John J. O’Brien, who was once a highly regarded and well-liked partner in the celebrated M&A practice of Sullivan & Cromwell, pleaded guilty to four misdemeanor tax offenses. The charges of conviction were mere misdemeanors, but the amounts involved were large, as you’d expect from a well-paid partner at S&C.
O’Brien was accused of failing to file income-tax returns for tax years 2001 to 2008, on almost $11 million in partnership income. In the end, he pleaded guilty to failing to file taxes relating to $9.2 million in partnership income, for tax years 2003 to 2008.
Earlier today, John O’Brien was sentenced. The sentencing hearing provided some interesting additional information about why O’Brien acted as he did.
So is O’Brien trading Biglaw for the Big House? And if so, how long a sentence did he receive?
Continue reading “Former S&C Partner Gets Sentenced for Tax Offenses”
Mountain Dew: a mouse could not survive in this environment, according to PepsiCo counsel.
* Pepsi lawyers offer a creative (if disturbing) defense to a lawsuit by a man who claims he found a mouse in his Mountain Dew. [Madison County Record via The Atlantic Wire]
* Will birther queen Orly Taitz get to depose — i.e., “rupture the jurisprudential hymen” — of President Barack Obama? That would be kind of awesome. [Columbus Ledger-Inquirer]
* Professor Ann Althouse raises an interesting “who decides?” question about Cleveland’s controversial ban on trans fats. [Althouse]
* Please, lawyers, stick to cocaine. Allegations of crystal meth usage are très déclassé. [NewsOK.com]
* Kudos to Kirkland & Ellis for coming to the defense of lesbian and gay public employees in Michigan. [Poliglot / Metro Weekly]
* It seems that the Montana Supreme Court isn’t a fan of the Citizens United decision. [Huffington Post]
* Jamin Soderstrom, a (rather cute) former S&C associate and current Fifth Circuit clerk, has written a book (affiliate link) analyzing the qualifications of presidential candidates and the relationship between résumés and presidential success. [Tex Parte Blog]
* If you’re a law professor / blogger who wants to get a rise out of fellow profs, write posts in praise of Paul Campos (just voted our 2011 Lawyer of the Year — congrats again, Professor Campos). [PrawfsBlawg]
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]
Paul Clement
* If defending unpopular clients is cool, consider Paul Clement Miles Davis. He’s the lead lawyer in three politically charged cases going up before SCOTUS in the new year. [LA Times]
* Joe Arpaio’s going to have a tough time racially profiling Hispanics in 2012. What’s a man to do without verification powers and the ability to detain people on suspicion alone? [WaPo]
* A summary of the NLJ’s 2011 year in review round-up: all of this was a preview of what’s to come in 2012. And what’s to come? Same sh*t, different docket number. [National Law Journal]
* C&F fail: the California Supreme Court is busy worrying about Stephen Glass, a guy who took his “creative writing” efforts a bit too far. [San Francisco Chronicle]
* The Hollywood actress suing IMDb for revealing her age has to reveal much more thanks to this ruling. She’s got two weeks to amend her complaint to include her name. [The Wrap]
* “Oh my God, the law school has gone crazy.” Don’t blame the messenger, but UVA Law’s headlines on ATL are totally self-inflicted. Here’s Elie’s take on the collar-poppin’ action. [C-VILLE]
* Larry Ribstein, partnership law guru, business law blogger, and Associate Dean for Research at the University of Illinois College Law, RIP. [Truth on the Market]
* Robert Morvillo, New York trial lawyer and white-collar defense pioneer, RIP. [WSJ Law Blog]
* John Lawrence, plaintiff in the landmark LGBT rights case of Lawrence v. Texas, RIP. [NY Times]
* The Supreme Court will hear oral arguments on Obamacare over three days in March. Let’s fast forward to June so we can see how Election 2012 is going to turn out. [Blog of Legal Times]
* The Grinch definitely stole AT&T’s Christmas this year, and even a team of Biglaw superstars couldn’t save the day. The company’s merger deal with T-Mobile is now officially dead. [Am Law Daily]
* A bed and breakfast owner told this lesbian couple aloha before they could even say aloha, and now they’re suing. And here I thought that Hawaii specialized in tiny, gay bubbles. [Washington Post]
* James Franco doesn’t just get bad grades on Rotten Tomatoes. José Angel Santana, one of his former professors, has filed a lawsuit saying NYU fired him for giving the actor a “D.” [Reuters]
* Snooki, Jersey Shore’s drunken munchkin, is being sued for $7M over a licensing deal gone bad. The worst part is that even if she paid up, she’d still have oodles of money in the bank. [Daily Mail]
* Sick of law school? Get all of your bitching down on paper, and turn your rage-filled manifesto into a short story for submission to the JLE Legal Fiction Contest. [National Law Journal]
I suggest you dial 1-800-REALITY.
– Joe Amendola, attorney for accused child predator Jerry Sandusky, suggesting in a press conference held earlier today that a reality check was in order for anyone who believes Mike McQueary witnessed a rape, reported it, and nothing was done about it.
(So what is 1-800-REALITY? It’s pretty amazing, actually. Find out after the jump.)
Continue reading “Quote of the Day: Wait, Who Should We Call?”
* DLA Piper is blaming the Occupy Wall Street movement for Biglaw’s sad, 2011 bonus season. It looks like we can expect a Cravath match from that firm. [Thomson Reuters News & Insight]
* We could really use some more law schools — fourth tier law schools, in particular. Say hello to the Savannah Law School, a John Marshall Law School Atlanta production. [National Law Journal]
* University of Texas School of Law Dean Larry Sager has been ousted from his position. Readers have flooded our inbox with the news, so we’ll have more on this later. [Texas Tribune]
* This Senate victory for gay servicemembers came with unintended consequences. It’s now kosher to have sex with men, women, and everything else under military law. [Washington Post]
* Prosecutors will be seeking the death penalty against Stephen McDaniel. If being drawn and quartered were an option, maybe this medieval scholar wouldn’t mind so much. [Macon Telegraph]
* Bueller? Bueller? Bueller? Although Ben Stein is the keynote speaker at this year’s ABA Techshow, legal tech nerds will likely be unable to win his money. [ABA Journal]
* 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]
I send my lawyers out unto the world.
I’m not sure it’s fair to call the Vatican “homophobic.” Homophobia contemplates a kind of fear. It’s a prejudice that, like so many, comes out of ignorance.
The Vatican is different. They think they’re at war with gays and lesbians — and who knows how many of these guys are at war with their own sexuality. And as opposed to a mere lack of understanding, there’s that annoying, Vatican-style, moral omnipotence that makes them feel they know exactly where gays and lesbians are going to end up. The Vatican isn’t homophobic so much as it’s homo-hating.
Given all that, I can’t say that I’m surprised that the Vatican is suing over a photoshopped picture of Pope Benedict XVI open-mouthed kissing another man. I’m sure surprised that the Unhate Foundation and an Italian fashion company had the stones to put the picture in an ad campaign all around Italy….
Continue reading “Vatican Sues Over Pictures of Pope Sucking Face”
Earlier this week, the Michigan Senate passed anti-bullying legislation that included an exception that allowed religious nuts to bully gay kids if they wanted to. The Michigan Senators who voted for the bill wouldn’t characterize it that way, but let’s just say those jackasses won’t be hosting the Oscars, either.
Yesterday, the Michigan House also passed anti-bullying legislation. This time, there wasn’t an exception for those who want to pick on gay kids. House Republicans and Democrats joined on the bill.
As a person who isn’t a fan of anti-bullying legislation in the first place, I’ve kind of been looking at the developments this week with a feeling of: “You see what happens, Michigan?”
Continue reading “The Battle in Michigan Over Who Gets to Bully Gay Kids Is On”
Angelica Marie Cecora, Oscar's latest lady-friend
* A bill to repeal DOMA made it past the Senate Judiciary Committee, but members of the Senate don’t do dick (unless it’s in an airport bathroom), so it’s probably not going anywhere. [Blog of Legal Times]
* Next on the gay rights news beat, after waiting around for 18 months, WilmerHale attorney Edward DuMont has refused to be the last belle at the ball. He’s asked Obama to withdraw his Federal Circuit nomination. [ThinkProgress]
* “Be careful of what you do, ’cause the lie becomes the truth.” Sound familiar? Conrad Murray says the King of Pop deceived him. Oh, boo hoo. Come on, MJ warned you about this stuff via song lyrics back in the eighties. [CNN]
* When a lawyer’s wife allegedly hires you to kill her husband, the easy way out isn’t to burn down his law firm. You kind of need to make sure that he’s in there first. [KBZK]
* Oscar de la Hoya’s got bigger problems than this kinky lawsuit. He’s probably more worried about getting runs in his stockings, to be honest. [New York Post]
* Snitches don’t get stitches in Mexico. They get their freakin’ heads chopped off. And now I wait for a drug cartel to come and murder me. [Daily Mail]
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?”
* 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]
