Guns / Firearms

Ed. note: Above the Law will be signing off early to begin the ATL/Kaplan Bar Crawl Review. Follow along on social media (Twitter and Facebook) or on the liveblog post after NS, or better yet, come out and join us!

* A Facebook “Like” is protected by the First Amendment. ATL Likes this. [The Atlantic]

* You can’t get a Frappuccino to go with your Kalashnikov any more. [WSJ Law Blog (sub. req.)]

* The stand-up comic judge has been shut down by the New Jersey Supreme Court in a 7-0 decision. Everyone’s a critic. [ABA Journal]

* An interview with Alan Page of the Minnesota Supreme Court, and formerly a Defensive Tackle for the Minnesota Vikings. Page’s hometown has a bust of him on display. Not so impressive until you realize he’s from Canton, Ohio. [Coverage Opinions]

* If you’re looking for some more legal content related to International Talk Like a Pirate Day, check out Buried Treasure: Finders, Keepers, and the Law. [ABA]

* A list of everything you should be doing with your time instead of getting a law degree. [Yahoo!]

* A warm welcome to Chris Geidner as the new legal editor of BuzzFeed. In addition to some great content, like his amazing profile of Edie Windsor (first link), stay tuned for “25 Ways Justice Alito Is Like This Cat.” [New York Observer]

* If you’ve upgraded your iPhone to iOS 7, you’re probably annoyed right now. Here are some tips to help preserve your battery life. We can do nothing about fixing how ungodly ugly it is. [Tuaw]

In Washington, D.C. on Monday, Aaron Alexis gunned down twelve people. As if designed to preempt the scripted reactions of those who fight for an anemic interpretation of the Second Amendment, the Navy Yard massacre included no assault weapon. Alexis committed his crimes in a virtually gun-free zone. His background had been checked in order to gain the active security clearance he held prior to the shooting. While I’m usually game for a good discussion of the proper limits of the Second Amendment, that alone cannot sensibly be the focus here.

Neither is the matter so simple as switching the sound bite of choice from “gun control” to “mental health and gun control.” Most states, as well as the feds, already substantially limit lawful access to firearms by the mentally ill. Even Texas does.

If the law can deprive felons of their Second Amendment rights, gun control measures that restrict the rights of entire classes of potentially dangerous citizens are not off the table. Even as a conservative, my defense of your individual right to bear arms stops right about when you start having auditory hallucinations. But it’s long past time to start responding to horrors like what occurred this week at the Washington Navy Yard with less talk about guns and more talk about mental illness . . . .

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Andrea Pellegrini

The old saying goes, “you can’t judge a book by its cover,” and it usually preaches that people are different on the inside, and generally for the better. That’s kind of a stupid saying when you think about it because a cover is an image specifically selected by the author and a publisher to entice people to read the book. It’s designed to reflect the book. If anything, a cover misleads the consumer into buying a book that’s not as good as the cover. So if you’re judging a book by its cover, there is only a risk that the reality is going to be worse.

This is all a roundabout way of pointing out that a business structured around a couple of guys who affirmatively choose to dress up like evil clowns and sing “F**k Celine Dion and f**k Dionne Warwick, you both make me sick, suck my dick,” have been sued for sexual harassment.

The allegations are kind of crazy, and claim other criminality as well….

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* The death toll of the latest mass shooting at the Navy Yard is 13 (including the gunman, military contractor Aaron Alexis), and people are rallying for stricter gun control laws before we’ve even had time to mourn. When will we ever learn? [New York Times]

* Today is Constitution Day, and Justice Antonin Scalia would like to remind you to celebrate — except if you think it’s a living document. If that’s the case, you can just “[f]ugget about the Constitution,” because that thing is dead, baby. [Blog of Legal Times]

* Please sir, we want some more! The Judiciary Conference has been forced to plea poverty to President Barack Obama due to its teeny tiny itsy bitsy post-sequestration budget. [National Law Journal (sub. req.)]

* Congrats to Kimberley Leach Johnson, the first woman to climb to the very top of the ladder at Quarles & Brady. That makes her the only eighth woman currently leading a Biglaw firm. [WSJ Law Blog (sub. req.)]

* And congrats to Matt Johnson, outgoing chief counsel to Senator John Cornyn (R-Texas), on his return to the private sector. He’ll be taking his talents to the lobbying firm, McBee Strategic Consulting. [The Hill]

* From second career choices to no career choices: if you want to go to law school after working in another field, you should consider if it will help or hinder your applications. [Law Admissions Lowdown / U.S. News]

This weekend, a black man got into a car accident, climbed out of the wreckage through the back window of his vehicle, went looking for help, and was shot to death by the police. I should also mention that the black guy was unarmed.

In a surprise twist, the police officer has been charged with voluntary manslaughter. I’m sure that the people who think it’s okay when black people get shot to death will find a way to defend the officer, and they’ll deny that race played a role in the shooting. But I’d like to think that even the people who don’t think this guy was killed because he was black can at least agree that the police can’t be allowed to gun people down in this fashion.

The police are supposed to protect and serve, not shoot to kill…

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* Dr. Shiping Bao, the medical examiner in the Zimmerman trial, claims that Florida state prosecutors were biased against Trayvon Martin and purposely threw the case and now he’s suing. While it’s hard to believe a prosecution could be that bad absent purposeful mismanagement, Bao’s allegations conveniently surfaced right after he was fired. [News One]

* An explanation of what happened in the Colorado recalls last night. Basically, David Kopel argues that it was a victory for the Second Amendment and the Fourteenth Amendment. It was also a victory for the idea that “democracy” should be replaced by “scheduling off-elections to minimize the representative sample of the voting populace.” Yay! [The Volokh Conspiracy]

* Maybe law clerks shouldn’t answer the phone. [Judicial Clerk Review]

* Horn-honking is “small town terrorism,” says man who probably didn’t look at a calendar when filing his lawsuit. [ABA Journal]

* “Every landlord’s worst nightmare” showing an epically trashed home is making the rounds. Is it a warrant for making it easier for landlords to bully all poor tenants? [Overlawyered]

* Continuing from above, the answer is “no” because this Hamptons rental story demonstrates that the ability to trash an apartment has nothing to do with your account balance. [Jezebel]

* Congrats to Jane Genova of Law and More on her personal blog being named one of the top online resources for public speaking. [Masters in Communication]

* Tomorrow at 2 p.m., Towleroad will be webcasting the first-ever ENDA Situation Room at New York Law School, discussing the Employment Non-Discrimination Act (ENDA). [Towleroad]

* How low can the legal market go? Manhattan firm lists full-time associate opening for $10/hr. “NY to 10.” (Screenshot here if the ad is removed). [Craigslist]

* Iowa is giving out gun permits to the blind. Sadly this is not a new phenomenon as David Sedaris explained years ago. [FindLaw]

* Business Insider has fired its CTO because… he’s a jerk. An important lesson in what free speech does and doesn’t mean. [Popehat]

* A UNC professor pulled over for a DWI has sparked a Fourth Amendment battle because she was arrested by a fire truck. [Fox News]

* Banks facing SEC enforcement actions are basically just spinning a roulette wheel and praying it doesn’t land on “Rakoff.” [Ramblings on Appeal]

* On a related note, Senator Elizabeth Warren spoke at the AFL-CIO conference and discussed the corporate capture of the federal courts (at 1:23:45 after the jump)…

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Two people were killed during their Labor Day barbeque and another was seriously injured when their neighbor sneaked up behind them and opened fire.

In pretty much any other state, I’d be confident that their assailant would face justice for his actions. But this went down in Florida so who knows — who knows whether some nutjob jury down there will accept the various defenses his lawyers have offered to justify the slaying of two people.

Of course the shooter is asserting a “stand your ground” defense. I mean, that pretty much goes without saying at this point in Florida. A byproduct of the Zimmerman trial is that there will be a lot of additional death in Florida as crazy people think they’re allowed to shoot anybody who looks at them funny.

I don’t intend to post about every wacko who shoots first and stands his ground later. But this guy… this guy and his “sure, why not” lawyers are also asserting a defense under the Bush Doctrine.

Let me give Sarah Palin a moment to look that up before we continue…

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* President Obama says he’s not changing his mind on the legality of marijuana “at this time.” I guess we need Biden to go on Face the Nation this time around to get some movement on the drug war. [Volokh Conspiracy]

* California lawmakers are looking to retool its “revenge porn” — the act of posting embarrassing sex pics/videos of a significant other who screwed you over — bill. Now California won’t be able to post all those amateur vids of the organizers behind Prop 13. [WSJ Law Blog (sub. req.)]

* New York just boasted the largest seizure of illegal guns in NYC history because a rapper used Instagram to show the world a whole mess of illegal guns. Sometimes you have to avoid that “pics or it didn’t happen” tweet. [ABA Journal]

* Michael Jackson’s estate is battling the IRS. The article coyly suggests that the estate has told the IRS to “Beat It.” What they don’t understand is the IRS, as a general rule “Don’t Stop ‘Til [They] Get Enough.” [TaxProf Blog]

* Inspired by our recent post on the 15 Reasons to Date a Lawyer, Going Concern has found eHarmony’s “15 Reasons to Date an Accountant” and given it a similar beatdown. [Going Concern]

* Congratulations to the M&A Advisor’s “40 Under 40″ award winners. Your families would be so proud if they remembered what you looked like. [The M&A Advisor]

* I was quoted in this week’s episode of This American Life. Host Ira Glass interviewed Sharon Snyder, the court clerk fired for helping free an innocent man. [This American Life]

* Bruce MacEwen explains the mid-year results for Biglaw as reported by Wells Fargo and Citi respectively. Video after the jump…

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* PepsiCo can no longer label its Naked juices as “natural” because the only place you can find more unnatural substances in something naked is in a Vivid Video production. [New York Daily News]

* The New Yorker shines a light on the world of civil asset forfeiture. In honor of Shark Week, the article should have spent a lot more time on the United States v. Approximately 64,695 Pounds of Shark Fins case. [The New Yorker]

* Thomas J. Kim, the Chief Counsel and Associate Director of the Securities and Exchange Commission’s Division of Corporation Finance since 2007, is going to be a partner at Sidley Austin. Don’t let the revolving door hit you on the way out! [Bloomberg Businessweek]

* Whatever happened to Shinyung Oh, author of the incendiary Paul Hastings departure memo? An update. [Capricious Bubbles]

* 10 reasons lawyers say the prosecutors botched the George Zimmerman trial. [AlterNet]

* As we predicted, the four patent litigation partners leaving Finnegan, as well as six other IP lawyers, are joining Winston & Strawn. [Winston & Strawn]

* How do you react when colleagues endorse you on LinkedIn for skills you don’t practice? Take a look…

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