Ken Lay

Can gay marriage be stopped? Professor Tribe thinks not.

* Professor Laurence Tribe on “the constitutional inevitability of same-sex marriage.” [SCOTUSblog]

* You can sleep when you’re dead — and you can prevail against the IRS in litigation, too (as the late Ken Lay just did). [TaxProf Blog]

* Speaking of the dead, just because someone is burglarizing your business doesn’t mean you can kill them. [Jonathan Turley via WSJ Law Blog]

* Professor Daniel Hamermesh asks: “Why not offer legal protections to the ugly, as we do with racial, ethnic and religious minorities, women and handicapped individuals?” [New York Times via ABA Journal]

* Meanwhile, Michele Bachmann wonders if the recent earthquake and hurricane constitute messages from God. [Dealbreaker]

Michele Bachmann

* Professor Larry Ribstein: “Law is waiting for its Steve Jobs (or Bill Gates). When he or she arrives it could be a lot more important than the iPhone.” [Truth on the Market]

* This juror should at least have put the defendant on “Limited Profile.” [Fort Worth Star-Telegram]

* Is the Stolen Valor Act unconstitutional? Let’s talk Turkey. [The Atlantic]

* Additional discussion of the recent New Jersey Supreme Court ruling on eyewitness testimony (which we mentioned last week). [Mother Jones]

Jack Bauer 24 Kiefer Sutherland.jpg* When you use YouTube to bootleg 24, the terrorists win. [WSJ Law Blog]
* North Carolina doctors refuse to play executioner; executions temporarily blocked. [Jurist]
* Wal-Mart agrees to cough up $33 million for overtime violations. [FindLaw]
* This wasn’t the law already?. [AP via Yahoo!]
* Seven defendants, including the estate of Kenneth Lay, dismissed from Enron shareholder derivative suit. [Jurist]
* Can someone please fix the damn clock in the Lewis Libby courtroom, before every news outlet turns it into a metaphor? [New York Times]

* “Colombian Supreme Court: grabbing a woman’s behind is a crime.” [Herald-Tribune via How Appealing]
* One week until elections — there must be some litigation somewhere. [Wall Street Journal via [How Appealing]
* Justice O’Connor spoke in Utah this week, and she and Justice Breyer shed some politico-rhetoric in Washington. [CNN]
(For related links, see yesterday’s MD.)
* A second plea bargain has been reached in the Iraqi civilian murder case. [MSNBC]
* For you trusts-and-estates buffs, check out Kenneth Lay’s will. Notice he leaves much of his assets in the “Ken Lay Trust,” which seems oxymoronic. [Slate]


christmas presents.jpg* None of this really sounds all that bad, but “Christmas bonuses” makes a good headline. [CNN]
* When this goes to court, will “Vaughnifer” be an official legal entity? [MSNBC]
* Can’t argue with a 99-page decision. Or read one. [New York Times]
* Wait, so he DIDN’T defraud investors out of millions of dollars? This would be the “deny, appeal, and decease” defense. [NYT]
* “‘The book is for those who are more right-brain than left-brain,’ says Tribe, often considered to be the brains of the legal left.” [Harvard Crimson]
Tune in for legal tidbits AND fantasy football advice tomorrow.