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cow wants penis in mouth got milk.jpgHere’s an interesting question. How do we know that animals involved in bestiality don’t actually like it?
This question was recently on the mind of one New Jersey jurist. From the Philadelphia Daily News:

During a bizarre hearing [in Burlington County, NJ], a Superior Court judge dismissed animal-cruelty charges against a Moorestown police officer accused of sticking his penis into the mouths of five calves in rural Southampton in 2006, claiming a grand jury couldn’t infer whether the cows had been “tormented” or “puzzled” by the situation or even irritated that they’d been duped out of a meal.

“If the cow had the cognitive ability to form thought and speak, would it say, ‘Where’s the milk? I’m not getting any milk,’ ” Judge James J. Morley asked.

Got milk? Or milky discharge?

Children, Morley said, seemed “comforted” when given pacifiers, but there’s no way to know what bovine minds thought of Robert Melia Jr. substituting his member for a cow’s teat.

“They [children] enjoy the act of suckling,” the judge said. “Cows may be of a different disposition.”

In its weirdness, this is all very Ally McBeal-ish (although too explicit for that show).
So, how did the prosecutor feel about all of this?

double red triangle arrows Continue reading “Judge of the Day: James Morley”

Salary Cuts.jpgThe myth that IP boutiques would be immune from the recession has already been debunked. Today, a few more intellectual property lawyers came back down to earth with the rest of the legal industry.
Above the Law has obtained an internal memo from the IP firm Townsend and Townsend and Crew. The firm is cutting salaries:

All- After much deliberation and consideration of the various issues involved, including the thoughtful input of the associates, the Policy Committee has made the decision to restructure associate compensation for 2010 as follows:
1) The associate pay scale for 2010 will be adjusted so that starting salaries for first year associates will be $145,000.
2) The remaining scale will be:
Level 2: $ 160,000
Level 3: $ 170,000
Level 4: $ 185,000
Level 5: $ 210,000
Level 6: $ 225,000
Level 7: $ 240,000

But don’t get too attached to that lockstep system, Townsend associates. After the jump, we see that Townsend wants to join the cool kids hanging out behind the gym lighting lockstep on fire.

double red triangle arrows Continue reading “Nationwide Salary Cut Watch: Townsend and Townsend and Crew”

melmartinez.jpgLast month, DLA Piper lost a prominent former lawmaker from its ranks when Dick Armey had to step down due to controversy over his remarks about healthcare reform. This week, DLA has a new Republican to tout: former U.S. Senator Mel Martinez.
Martinez, who hails from the Sunshine State, announced last month that he was ending his senatorial term early. From the BLT:

A Florida Republican and the first Cuban-American elected to the Senate, Martinez announced in August that he would resign with more than a year remaining on his first term, saying that “it’s time I return to Florida and my family.”

The BLT says Martinez will be a partner in DLA’s offices in both Washington and Tampa, though in DLA’s press release Martinez emphasizes the time he’ll be spending in Florida: “Working in DLA Piper’s offices in Florida, I look forward to helping the firm grow its practice in Latin America and collaborating with a team of distinguished lawyers and professionals with the highest level of legislative knowledge and diplomatic skill.”
Specifically, Martinez might want to help DLA Piper grow its practice in Cuba. When Martinez resigned from Congress, he told the Washington Post:

“Even though I will no longer hold public office, my passion to work to see the day when people in Cuba will live in freedom will continue,” he said.

Over at Politico, Kenneth Vogel discusses the quick jump from the Hill to the Piper.

double red triangle arrows Continue reading “Musical Chairs: Former Florida Senator Mel Martinez to DLA Piper”

Ruth Bader Ginsburg cancer surgery.jpgWe’re happy to report that Justice Ruth Bader Ginsburg, who was hospitalized last night after feeling lightheaded, was released from Washington Hospital Center this morning. The famously hardworking jurist “was at her desk by early afternoon, the court said.”
Welcome back, Justice Ginsburg!
Justice Ginsburg Home From Hospital [AP]
Earlier: Breaking: Justice Ginsburg Hospitalized

BC Law logo.JPGIt’s too early to take nominations for this year’s law revue contest. But an early contender will surely be a video we received from students at Boston College Law School. It’s a spoof of BC law professor Scott Fitzgibbon’s anti-gay marriage commercial. Here’s the set-up, from the BC Student Bar Review (that’s a social organization, for 1Ls still wondering what happens outside of the library):

Dear all,
The next bar review will begin at 8pm this Thursday, October 1 at The Kells…. We can hear some of you already: “but guyssssss, The Kells is full of meatheads in Red Sox hats.” Well, we’ve got a news flash for you, Little Lord Fauntleroy: every bar in Boston is full of meatheads in Red Sox hats, and very few of them have dance floors as spirited or drinks as reasonably priced as The Kells. We find it to be a great place to blow off some steam, get weird on the dance floor, and accost your TA from LLRW and force him to do shots of Jameson with you.
However, as Dean Garvey reminded us in his memo, we must be respectful of those who disagree with us, no matter their beliefs. In the spirit of providing equal time, we have included a brief video message from the opposition:

The Kells is the kind of place that makes you want to bathe yourself in lye when you wake up the next morning afternoon. Here’s what the loyal opposition has to say:

After the jump, would the real Professor Fitzgibbon please stand up?

double red triangle arrows Continue reading “BC Law Prof. Fitzgibbon Speaks via Email; BC Law Students Spoof via YouTube”

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

pls hndle copy 2.jpgATL -
I’m a 1L at a T14 law school in the midwest. I did my undergrad at the same school, but took a year off before I matriculated to law school. Some of my college friends are now 2Ls. It’s only been a little bit of time since I came back, but over the past year it looks like my former easy-going friends have turned into complete assholes. They’ve become obsessed about the “status” of our school. They are constantly complaining about jobs and money. And they never want to do anything unless it has a direct benefit to their GPAs or their résumés.
How did this happen? Is it the economy, or does law school just do this to people? I don’t want to become like them. Is there any hope for me?
Lone Ranger

Dear Lone Ranger,
The bitter lawyer is more than a stereotype and a website. It’s a way of life. Ever wonder what happened to all those bushy tailed, fashion-Keffiyeh-wearing Creative Writing majors that went to law school for Burmese asylum cases? They’re in the office next to you working on McDonald’s debt offerings and drafting in the passive voice, their will to live creativity successfully beaten out of them after years of getting points off for failing to cite every sentence and enduring Civil Procedure puns. Neither vicious persecution nor death could crush Anne Frank’s spirit, but then again, she never attended law school.
Since it’s certain that you’ll eventually join your friends at Club Bitter, the real question is, just how bitter will you become?
A graphical representation follows after the jump.

double red triangle arrows Continue reading “Pls Hndle Thx: Bitter Like Me”

Bank of America Merrill Lynch B of A.jpgCould the nomination of Judge Denny Chin (S.D.N.Y.) to the Second Circuit be derailed by his ruling in Chiscolm v. Bank of America?
Click on the link below to read about this lawsuit filed by an irate customer (or purported customer) of the banking giant.
Area Man Has One Month To Prove Why Bank Of America Owes Him 1,784 Billion, Trillion Dollars [Dealbreaker]

Department of Justice seal DOJ seal Abovethelaw Above the Law blog.jpgWho says the wheels of government turn slowly? Earlier this month, we reminded you that Justice Department Honors Program applications were almost due. Now, three short weeks later, candidates are hearing back about interviews. Sources report:

“DOJ Honors interview notifications have gone out. I was fortunate enough to snare one in the Civil Division. You might want to put up an open thread for discussion.”

“Interview invites came out Wednesday, information about which component came out Thursday. Open thread?”

We aim to please. Here you go.

If interview notifications went out on Wednesday, was that ahead of schedule? According to the list of key dates on the Honors Program website, today is supposed to be the day that the DOJ “notifies candidates selected for interviews by e-mail.”

Feel free to discuss the Honors Program interview process — which components you’re interviewing with, what you’d like to know about the process, or what you already know about the process (for those of you who have been through it) — in the comments.

The Attorney General’s Honors Program [U.S. Department of Justice]
AG’s Honors Program Key Dates [U.S. Department of Justice]

Earlier: Reminder: DOJ Honors Program Applications Are Almost Due
Open Thread: The DOJ Is Hiring Again …
Fall Recruiting Open Thread: DOJ Honors Program

Vick Eagles return.jpgThis Sunday marks Michael Vick’s official return to the National Football League–an event that has been widely criticized by People for the Ethical Treatment of Animals (“PETA”), as well as some sports writers and doggie bloggers.
What those who criticize NFL Commissioner Roger Goodell for reinstating Vick fail to understand, however, is that the NFL may have ultimately lacked any real choice. Had the NFL not reinstated Vick, Vick could have potentially filed an antitrust lawsuit against the 32 NFL clubs for concertedly refusing to deal with him. Even though such a lawsuit would have likely failed in the Second and Seventh Circuits (due to the holdings respectively in the Clarett and American Needle cases), a lawsuit against the NFL clubs would have likely gotten to a jury in the Third, Sixth, Eighth and D.C. Circuits–all places where professional athletes have previously won large antitrust settlements.
As a quick background in antitrust law, Section 1 of the Sherman Act, in pertinent part, states that “[e]very contract, combination … or conspiracy in the restraint of trade or commerce … is declared to be illegal.” Although most Section 1 claims involve restraints of trade related to product markets, the Sherman Act likewise prohibits restraints in labor markets, as long as these restraints occur outside of the proper workings of a collective bargaining agreement (“non-statutory labor exemption”).
Courts in general determine whether a particular restraint violates Section 1 of the Sherman Act in three steps. First, courts will determine whether a particular restraint emerges from a “contract, combination or … conspiracy” among two or more parties. Next, they will determine whether the restraint yields a net anticompetitive effect to consumers. Finally, they will assess whether any antitrust exemption would negate the finding of liability.
After the jump, how might a court weigh these factors?

double red triangle arrows Continue reading “Sports And The Law: Why PETA Shouldn’t Blame Roger Goodell For Michael Vick’s Return”

Morning Docket: 09.25.09

Paul G Kirk Senator.jpg* Paul G. Kirk is America’s interim, new filibuster busting Senator. [New York Times]
* Apparently, Kirsten Dunst isn’t the most powerful witness. Why didn’t her lawyers just give her a script? [New York Post]
* McKool Smith expands its New York office space. [Am Law Daily]
* A New York lawyer received a glowing recommendation in the Daily News. “[Joseph] Tacopina is the kind of lawyer who makes you want to get into trouble so he can defend you.” Long live trial lawyers. [Daily News]
* I learned a new word: Superfetation. It means “I don’t know when to stop procreating.” [Trans World News]
* If you are a pilot and you are stalking somebody, isn’t it natural that you’d do it from your plane? [CNN]

Ruth Bader Ginsburg cancer surgery.jpgIn February of this year, Senator Jim Bunning predicted that Justice Ruth Bader Ginsburg would be dead in nine months from pancreatic cancer. It was a horrible and tasteless prediction, for which Senator Bunning apologized.
But might he be right? Here’s the latest news about Justice Ginsburg’s health. From the Associated Press:

Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court following treatment for an iron deficiency.

The 76-year-old justice, who underwent surgery for pancreatic cancer in February, was taken to Washington Hospital Center at 7:45 p.m. EDT as a precaution, a statement from the court said.

double red triangle arrows Continue reading “Breaking: Justice Ginsburg Hospitalized”

Lesbian harassment law firm girl on girl.JPGHere at Above the Law, we’ve reviewed a lot of employment discrimination complaints over the years. But this one is special.

The firm (like it matters):
Maron Marvel Bradley & Anderson.

The plaintiff:
Jennifer Braude.

Why you care:

Do I have your attention? Click after the jump for more details, plus Maron Marvel’s response.

double red triangle arrows Continue reading “Girl-on-Girl Sexual Harassment at Delaware Law Firm”

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