Guns / Firearms

Dan Markel

As I mentioned in my earlier story about the horrific killing of Professor Dan Markel, I knew Dan since our days working together on the Harvard Crimson. Back then, he was Dan E. Markel ’95 and I was David B. Lat ’96. We both wrote columns and would edit each other’s work. We didn’t often agree — I was even more conservative back then, and he was, well, not conservative — but we respected each other’s thinking and writing.

After graduating from Harvard College (A.B.), Cambridge University (M. Phil.), and Harvard Law School (J.D.), Dan went on to have a tremendous career in law practice and teaching. He clerked for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at Kellogg Huber, the insanely elite D.C. litigation boutique. He then joined the faculty of the Florida State University College of Law, where at the time of his death he held an endowed chair as D’Alemberte Professor of Law. A prolific scholar in the areas of criminal law and punishment, he published numerous law review articles, pieces for general-interest news outlets like the New York Times and Slate, and a book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (aff. link).

But Dan was much more than the sum of his résumé items. Here are some testimonials and memories, from myself and others who knew him….

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Dan Markel

Professor Dan Markel of Florida State University College of Law, a well-known legal academic and law blogger, was shot in his home on Friday. He died of his wounds on Saturday. He was 41. We noted the news in Morning Docket and followed the news over the weekend on our Twitter feed.

I was friends with Markel, whom I knew since we worked together on the college newspaper, and in a subsequent story I will review his life and career and share some personal reflections. He was a great scholar and a wonderful person, as reflected in the outpouring of grief within legal academia, the legal blogosphere, and beyond.

In this post, I will summarize and analyze what we know (and don’t know) about Dan Markel’s terrible and tragic death….

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Ed. note: Above the Law will have a reduced publishing schedule on Friday, July 4, in observance of the day when Will Smith beat those aliens.

* Two state supreme courts rejected the bids of guns rights advocates to give felons the right to own guns. But if you outlaw guns, only outlaws… wait, that slogan doesn’t work here. [The Volokh Conspiracy / Washington Post]

* Hobby Lobby fallout. Religious groups are asking President Obama to accommodate their “sincerely held belief” that gay people don’t deserve jobs. [Talking Points Memo]

* On the other hand, Hobby Lobby opens the door to student loan forgiveness. [Tyler Coulson]

* People hated talking to Steve Jobs about their work. Was it because kids these days don’t understand the value of hard work? Or was it because computer geeks are notoriously introverted? [What About Paris?]

* Don’t discriminate against people getting divorces — they’ve got enough to worry about. [Adjunct Law Prof Blog]

* Some legal academics think bank executives should be paid in bonds. Here are some arguments against that. [Fortune]

Sometimes students who enroll in law school very quickly realize that it’s not the right career path for them. Rather than lay out additional loan dollars, they happily withdraw from school and frolic to their next destination. Others “withdraw,” forget that lawyers want important decisions recorded in writing, and wind up accidentally failing out of law school. When they decide that they want to go back to school, this obviously causes problems.

In the case we’ll be discussing today, the former law student happened to file suit against the law school he once attended. He apparently decided that he really did want to be a lawyer, seven years after he initially quit. Alas, he needs a letter of good standing to apply to the school of his choice, and his old school won’t supply him with one.

Did we mention that he wants a letter of good standing so he can apply to Cooley Law?

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I just visited my wife and she said I like, blew up all over Facebook.

Jeremy Meeks, the 30-year-old California man whose mugshot went viral this week. Meeks previously served nine years in prison, and was recently arrested on gun charges in a multi-agency raid. He’s being held on $900,000 bond.

* Opening fire because a fast food place screwed up your burger order would be crazy. If they did it a second time? Well… [Lowering the Bar]

* McCutcheon at work in North Carolina. Yay free speech! [Constitutional Accountability Center]

* Texas prosecutor compares NAACP member to white supremacist. Because those are totally the same thing. [Houston Chronicle]

* In case you’ve ever wondered who’d win a fight between DMX and Justice Frankfurter, here’s your answer. [Slate]

* Having more fun with gun nuts. [Lawyers, Guns & Money]

* We’ve discussed trial by combat’s past before, but is it still a real thing? Video below, including shout-outs to Professor Adam Winkler. [The Young Turks]

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Mahbod Moghadam, formerly of Rap Genius

* Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]

* Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]

* Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]

* Peter Alexander, Indiana Tech Law’s dean, has resigned less than a year after opening the school’s doors. The school’s interim dean doesn’t use capital letters in his name. That’s cute. [Journal Gazette]

* Très, très déclassé: Mahbod Moghadam, formerly of Dewey & LeBoeuf, was fired from Rap Genius after he inappropriately annotated suspected Santa Barbara shooter Elliot Rodgers’s manifesto. [Re/code]

Last week, we asked readers to submit possible captions for a video that looked a little like this. The original has since been taken down for very obvious reasons we’ll explain in just a minute:

On Monday, you voted on the finalists, and now it’s time to announce the winner of our contest…

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* “Ladies and gentlemen of the Jury, if my client was the shooter, why would he have left the witness alive to testify? He’s a man who finishes the damn job.” [ABA Journal]

* Who would pretend to be a lawyer who is not? Apparently this public figure. [Legal Cheek]

* Jill Abramson is out at the New York Times. Could the reason be her decision to lawyer up? [Law and More]

* If you’ve hung around ATL long enough, you’ve heard us speculate that it just doesn’t make economic sense to attend most law schools. Here’s proof — only about 50 are even worth it economically. Which is hard to believe because I thought law degrees were worth $1 million. [TaxProf Blog]

* Lawyers get depressed, and not talking about it makes it worse. [Everyday Health]

* Seven-year-old kids are developing health problems from picking tobacco, because we let children work on tobacco farms apparently. [Slate]

* The Asian American Bar Association will be conducting a trial reenactment of 22 Lewd Chinese Women next Wednesday. Register here! [AABANY]

* As the new movie comes out, lawyers are really worked up over the Godzilla intellectual property. They need to hire Jorge Rivers: Godzilla Lawyer, whose ad appears after the jump (starring Thomas Lennon)…. [The Columbus Dispatch]

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Last week, we asked readers to submit possible captions for this video (warning, turn down your volume):

Let’s have a look at what our readers came up with, and vote on the finalists…

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