The facts in today’s Supreme Court opinions read like a bloopers reel of our courts system. What do we do when judges are wrong on the law in a criminal case? What if a plaintiff decides, after losing, that he filed in a state court when the state court didn’t have jurisdiction? What if a lawyer doesn’t tell his client that by pleading guilty he’s going to be deported?
- Anthony Kennedy, Barack Obama, Elena Kagan, Guns / Firearms, Immigration, John Roberts, Politics, Ruth Bader Ginsburg, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
It’s that time of year again! Time for all lawyers to tear themselves away from drinking at their desks and gather around a television to participate in an Above the Law drinking game.
Where else is there a drinking game focused on Justice Ginsburg AND Ted Nugent?
Remember to follow your Above the Law editors covering the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, @StaciZaretsky, and @JosephPatrice (because a week after the fact, I realize it’s too difficult to tweet from my usual handle and have people realize who I am).
Unless otherwise noted, take a sip whenever these come up….
- Biglaw, Drugs, Immigration, Law School Deans, Law Schools, Marijuana, Money, Morning Docket, Murder, Paralegals, Partner Profits, Technology
* “[W]e cannot continue as a nation with 11 million people residing in the shadows.” And we especially can’t have all those people in the shadows without hundreds and hundreds of drones in place. Civil liberties be damned! [Huffington Post]
* According to this Wells Fargo survey, Biglaw did quite well in terms of revenues last year. Given that PPP was up nearly five percent, it’s now appropriate to bitch about why your bonuses weren’t even bigger than they were. [WSJ Law Blog (sub. req.)]
* “Being a lawyer is a damn good profession.” To be fair, it could be an even better profession if things in legal education were subjected to some serious change, and Hofstra Law’s new dean seems to understand that. [New York Law Journal]
* Stoners everywhere would like to know when the federal government is going to legalize marijuana, but to be frank, they should thank their Lucky Charms they’re not getting prosecuted in states where it is legal. [TIME]
* Russia is officially trying to prosecute a dead man — a dead lawyer, no less. That said, we’re pretty sure it’s safe to say that not even Yakov Smirnoff himself could come up with a reversal for this one. [New York Times]
* Oh my god, some of Lat’s pop culture prophecies are coming true: Casey Anthony wants to become a paralegal. Nancy Grace is in the process of birthing a herd of cows over Tot Mom’s ambitions. [ABC News]
* The grand jury in the JonBenet Ramsey murder case thought there was enough evidence to indict the Ramseys on child abuse charges. This would’ve been a great thing to be outraged about in 1999. [CBS News]
Is there anything more American than an argument at the Supreme Court about affirmative action?
It combines so many things unique to our country: an obsession with elite institutions (including both the Supreme Court and the University of Texas, one of our best public schools); passionate arguments about our nation’s long and complicated relationship with race; the relentless striving for success and attainment familiar to so many of us who want to be a named plaintiff in a Supreme Court case (or get into college, depending); and, of course, protests outside a government building.
My fellow lawyers, Alexis de Tocqueville was right — “[s]carcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” Surely this form of American exceptionalism should be the most celebrated by the noble readers of Above the Law.
If there is any advantage to the way some in our nation attempt to affect the presence of minorities in elite colleges — through litigation rather than, say, appropriations — it’s that it leads to an awesome spectacle at One First Street NE.
And to that spectacle we now turn….
- Bankruptcy, Biglaw, Crime, Crowell & Moring, Defamation, Dewey & LeBoeuf, Immigration, Law Firm Mergers, Midsize Firms / Regional Firms, Money, Morning Docket, Patents, Small Law Firms, Technology
* Yeah, about that huge bonus we were going to pay our ex-finance director — we realized how silly that was, so we’re not going to do that. Aww, don’t worry, Dewey & LeBoeuf, you’ll have plenty of other chances to look absurd. [Am Law Daily]
* Not only is Samsung suing Apple for patent infringement, but the company is also trying to get a do over by getting Judge Lucy Koh to throw out the original billion-dollar verdict over jury foreman Velvin Hogan’s alleged misconduct. [Bloomberg]
* “Small deals are easier to swallow, easier to integrate.” Regional firms like Carlton Fields and Adams and Reese are gobbling up smaller firms in what seems to be the latest trend in law firm merger mania activity. [Thomson Reuters News & Insight]
* Douglas Arntsen, the former Crowell & Moring associate who had to be extradited from Hong Kong after embezzling $10.7M from clients, pleaded guilty in exchange for a lesser sentence. [New York Law Journal]
* It’s tough to come up with appropriate whistleblower jokes given the background here. We’ll play it straight: Mike McQueary filed a defamation suit against Penn State, and he’s seeking $4M in damages. [ABC News]
* Jose Godinez-Samperio, an undocumented immigrant, is fighting for the ability to practice law in Florida, but the members of the state Supreme Court are literally trying to make it into a “federal case.” [Washington Post]
- Attorney Misconduct, Biglaw, Dewey & LeBoeuf, Election 2012, Immigration, Insurance, Law School Deans, Law Schools, Legal Ethics, Masturbation, Morning Docket, Perverts, Politics
* Steven Davis, D&L’s former chairman, really wants to make sure he’ll be able to use the firm’s insurance policy to defend himself, or else he’ll “suffer undue hardship.” Sorry, but after all the undue hardship you caused, nobody feels bad for you. [Am Law Daily]
* As it turns out, the Mitt “47 Percent” Romney recording may have been illegally taped, but Florida authorities aren’t investigating — a victim hasn’t come forward to complain. What, no “off the cuff” remarks this time, Mitt? [Washington Wire / Wall Street Journal]
* Even if you get disbarred, you can still go on to work for a Biglaw firm. In other news, apparently you can last about a month at Lewis Brisbois while using a stolen identity before you get fired. [Las Vegas Review-Journal]
* Arizona’s governor was really excited that the injunction against SB 1070’s “show me your papers” provision was lifted by Judge Susan Bolton. She won’t be as excited when all of the lawsuits start rolling in. [Bloomberg]
* It’s probably bad if your dean resigns before the school opens. J. Michael Johnson, the ex-dean of Louisiana College School of Law, left to take a “great job offer” (i.e., not a law school deanship). [Shreveport Times]
* Good news, ladies! A serial subway “grinder” in NYC avoided jail time after ejaculating on three women in separate incidents, and now city pols are trying to make it harder for perverts to get off. [New York Daily News]
- Animal Law, Biglaw, Department of Justice, Dewey & LeBoeuf, Election 2012, Election Law, Federal Judges, Immigration, Minority Issues, Money, Morning Docket, Nude Dancing, Partner Issues, Police, Politics, Tax Law
* Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]
* Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]
* Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]
* The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]
* “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]
On many occasions here, we have covered the notion that it seems almost anyone will be allowed, nay, encouraged to practice law in the United States. But it turns out that assumption isn’t entirely correct. For the time being, the bar appears to still be closed to at least one specific group: undocumented immigrants.
That might seem obvious, right? Well, what about an immigrant who was brought here illegally but has been waiting in line for citizenship for almost two decades? Sorry, if the DOJ has its way, no dice…
- Antonin Scalia, Benchslaps, Federal Judges, Feeder Judges, Immigration, Politics, Richard Posner, SCOTUS, Supreme Court
Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).
Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.
In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?
- Abortion, Celebrities, Constitutional Law, Contracts, Gay Marriage, Immigration, Law Professors, Law Schools, Lawrence Lessig, Morning Docket, Murder, SCOTUS, Senate Judiciary Committee, Supreme Court
* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]
* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]
* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]
* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]
* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]
* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]
* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]