Immigration

* Baseball is trying to ban home plate collisions, because why have any aspect of the sport be exciting? Here’s an exercise in statutory interpretation featuring the new rule. [PrawfsBlawg]

* Former judge forced to resign at age 40 under a gathering cloud of sexual harassment allegations now collects $65,000 a year in pension. And it looks like he may be claiming “sex addiction” as a disability. Bravo. [WDSU]

* Should legal writing professors be treated like nurses? [Dorf on Law]

* The world’s top Bitcoin exchange, Mt.Gox, just shut down, and millions of real dollars worth of fake money is missing. I’m excited to see the bevy of Libertarian Bitcoin fanatics who praise the decentralized “new Gold standard” and publicly trash its critics explain this one. [Valleywag]

* Are bar associations moving online? [Law Sites]

* Forget your cell phone, the feds have been spending millions to warrantlessly collect your very breath. [Jalopnik]

* Twitter account posting every frame of Top Gun lands user in the danger zone. [IT-Lex]

* Our own David Lat did some speculating about who the next Supreme Court justice might be. [Ozy]

* That hope that the government would deport Justin Bieber? Here’s why that just isn’t legally going to happen. Video after the jump… [Bloomberg Law]

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It’s time for the State of the Union again, which means it’s time to gather around the TV and thoughtfully discuss the future of the country play a sophomoric game based on the events that we expect to unfold over the course of the evening.

Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog@DavidLat@ElieNYC@StaciZaretsky, and @JosephPatrice.

Now, on to the game….

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* Kanye West sent out a cease and desist letter to the makers of Coinye, a Bitcoin alternative with a mocking, parody image of Kanye. This whole Bitcoin thing may be incredibly stupid, but these poor entrepreneurs are going to have to junk all their work just because they shamelessly stole the artist’s image. I guess it’s back to their electronic currency based on a busted-up parody of Kim Kardashian, which they call “Khloe.” [Ars Technica]“>Ars Technica]

* The FBI classified Juggalos as criminals and the Insane Clown Posse has gone ahead and filed a federal suit. And who better for the New York Times to consult about this case than our own Juggalo Law! [New York Times]

* Justice Kagan once again performed her civic duty and showed up for jury duty today. Unfortunately, this report doesn’t explain what book she brought with her to kill time, which is the best part of people-watching at jury duty. [Washington Post]

* For those that think we always focus on the negative, here’s a nice narrative about lawyers who really help people. [XO Jane]

* How do you deal with a blazer that just won’t button? Advice from our occasional contributor. [Corporette]

* A group of Vietnamese fishermen sued a Texas lawyer alleging that he falsely claimed to represent thousands of deckhands to get rich serving on the committee of attorneys representing victims of the BP oil spill. BP’s just happy someone might come out of this looking worse than they do. [Miami Herald]

* Sergio Garcia, the newly-minted California lawyer and not the racist golfer, says he’s looking to a future as the governor of California. [Fox News]

* The judge who sentenced a convicted rapist to a month in jail is retiring. Don’t let the door hit you on the ass on the way out! [USA Today]

* Clients don’t grow on trees. So what are you gonna do about that? Huh? I’m talking to you! [At Counsel Table]

Edward Snowden

* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

Can you name this man? He’s Obama’s Kenyan uncle. Who are we kidding, better question: Can you point to Kenya on a map?

* Alabama fan allegedly shot despicable front runners who liked the Tide and the Heat for not being distressed enough after Alabama’s loss. When reached for comment, LeBron tightened his Yankee cap and yelled Roll War Eagle Tide. [USA Today]

* A couple of Illinois lawyers got disbarred for beginning inappropriate sexual relationships. One began an affair with a teen he’d prosecuted. It’s good to see people still look up to Dan Fielding. [Legal Profession Blog]

* Obama’s Kenyan Uncle will not be deported. We need him to stay and do a job no American wants to do.. fix Healthcare.gov. [Associated Press]

* Kaplan has agreed to make a number of changes to increase access for disabled students in a settlement arising from the request of a deaf student to get a sign language interpreter. Now figuring out the bar exam will be… slightly easier. [Daily Business Review]

* White males successfully argue that they shouldn’t even have to listen to a black woman talk about race, even if she’s their professor in “communications.” [Raw Story]

* Munger Tolles brings back the former ambassador to Australia as a partner. “That’s not a cognizable claim. This is a cognizable claim.” [Law 360 (sub. req.)]

* David and Elie appeared on CNBC’s Power Lunch today to talk about bonuses that they’re not getting. Video embedded after the jump…

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* The newest edition of the Supreme Court coloring book is out! Christmas has come early if your kid reads Babar and Curious George with originalist intent as racist, colonialist tracts. [Lowering the Bar]

* The Young Conservatives group at the University of Texas has canceled its intended “Catch an Illegal Immigrant” contest amid a firestorm over discrimination vs. free speech. Now Cartman can go back to class. [NPR]

* The Title IX Network is filing lawsuits against universities that allegedly mishandle sexual assault claims on campus. I mean, if the government isn’t going to do its job, someone has to step in. [Jezebel]

* An individual has no expectation of privacy in an online dating profile. They should also have no expectation of a fulfilling relationship. [IT-Lex]

* What is the duty of a sports franchise to protect spectators from flying hot dogs? Asking for a friend… [The Legal Blitz]

* Real Simple Magazine’s December Book Club nominees are out and the list includes Helen Wan’s The Partner Track (affiliate link). The winner will be determined by online voting and closes Sunday, Nov. 24 at 11:59 PM EST, so please go to this link and vote for The Partner Track! [Real Simple]

* Popehat has a site store now. As of now they don’t sell branded mitres, which seems like a damn shame. [Popehat]

* The Obama administration is supporting a ban on unlocking cellphones while publicly supporting unlocking. First they came for unlocking and I didn’t speak out because I didn’t need to unlock my phone. Then they came for Angry Birds and there was no one left to speak for me. [Slate]

* Dean Frank H. Wu discusses the Jimmy Kimmel controversy. It’s not a funny piece, but neither is Jimmy Kimmel. [Huffington Post]

Chief Judge Alex Kozinski

Conservative and libertarian judges on the Ninth Circuit — yes, they exist — have been showing the East Coast a lot of love lately. Last month, my former boss, Judge Diarmuid O’Scannlain, delivered the Joseph Story Distinguished Lecture at the Heritage Foundation (an excellent speech that you can watch here). Later this week, Judge O’Scannlain and one of his colleagues, Judge Carlos Bea, will make appearances at the Federalist Society’s National Lawyers Convention.

And yesterday, the ringmaster of the Ninth Circuit himself, Chief Judge Alex Kozinski, delivered a talk at Yale Law School entitled “The Immigrant Experience and Judging.” He spoke to a packed house in YLS’s largest classroom.

Here are some highlights from his remarks….

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Scalia’s buddy?

* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]

* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]

* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]

* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]

* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]

* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]

* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]

* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]

* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]

Earlier this week, the John D. and Catherine T. MacArthur Foundation announced this year’s roster of MacArthur Fellowship recipients — the winners of the so-called “Genius Grants.” According to the Foundation, it awards the prestigious grants to those who “have shown extraordinary originality and dedication in their creative pursuits and a marked capacity for self-direction. There are three criteria for selection of Fellows: exceptional creativity, promise for important future advances based on a track record of significant accomplishment, and potential for the fellowship to facilitate subsequent creative work.” MacArthur fellows receive $625,000 stipends, with no strings attached . . . except, you know, continuing to be brilliant.

Past MacArthur Genius Grant winners include minds as diverse as paleontologist Stephen Jay Gould; computer scientist and physicist Stephen Wolfram; writers like Cormac McCarthy, David Foster Wallace, Susan Sontag, and Chimamanda Ngozi Adichie; filmmaker Errol Morris; cognitive scientist Amos Tversky; dancer and choreographer Twyla Tharp; philosopher Richard Rorty; drummer and jazz composer Max Roach; statistician Persi Diaconis; literary critic Harold Bloom; and composer John Zorn. Basically, it’s a hell of a fantasy dinner-party guest list.

One of this year’s MacArthur geniuses is a lawyer. Who is it?

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Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.

Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.

Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.

The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.

It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….

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