Police

* A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic]

* Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog]

* A Toledo Law student was arrested on a child sex charge. [NBC24]

* Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ]

* Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ]

* The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School]

* As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post]

* Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion]

* Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]

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* City Attorney Pete Holmes is dropping all Seattle marijuana tickets for public smoking. Apparently most of them were issued by a single officer who just disagrees with the new pot law in Washington. I mean, respecting “laws” is certainly not a prerequisite for being a cop, right? [KOMO]

* With the premiere of Gotham last night, The Legal Geeks have added the show to their regular list of pop culture phenomena that they examine though a legal lens. This should be hard, because I’ve never understood the Gotham Penal Code and the insistence on placing recidivist mass murderers in a revolving door asylum like Arkham. At some point isn’t it time for Supermax? [The Legal Geeks]

* The SEC hands out a $30 million whistleblower award. Toot toot. [Fortune]

* State Senate candidate accused by his old firm of falsifying his bills to the tune of $2 million. Sounds to me like he’s ready for higher office. [NY Daily News]

* More follow-up to Elie’s piece on the Harvard kid who is so sure that making tons of money makes the world a better place. [Washington Post]

* A comprehensive infographic of expert witness fees gathered from more than 5,000 experts. Spoiler: if you’re concerned about cost you want your case in Montana. [The Expert Institute]

* Apple isn’t really trying to fight the U.S. government. Really. [Slate]

* IP Lawyer/Rapper — whom we’ve profiled before — produces an ode to Australians to the tune of Fancy. Yeah there’s not much to add to that.

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The notion that certain rights are guaranteed to citizens is being proven false every day. For instance, you have the First Amendment right to film police officers and other public officials, but it often takes an official policy change (usually prompted by lawsuits) before these public servants will begrudgingly respect that right.

You also have certain rights guaranteed by the Fifth Amendment, but even these aren’t innate. You can’t simply remain silent while detained or arrested. You have to invoke these rights (often repeatedly) or risk having your silence (things you didn’t say) used against you.

In the case of photographing police officers, you’ll notice that activists and others who are recording will invoke their rights repeatedly….

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* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette]

* The best way to catch drunk drivers is to give them something to crash into. [Legal Juice]

* Chaumtoli Huq, a former general counsel to the New York Public Advocate, has filed a federal lawsuit alleging that NYPD officers arrested her for waiting on the sidewalk outside a restaurant. She says she was targeted for being Muslim. [Gawker]

* In somewhat related news, Prawfsblawg pointed me to this interesting Slate piece on the effect that body-worn cams — the en vogue solution to police misconduct pushed by many including Huq’s old boss — really have on policing. [Slate via Prawfsblawg]

* Google paying $19 million to settle the FTC suit over kids making in-app purchases. It was going to be a $5 million settlement, but the FTC told Google that they would let them skip level 410 in Candy Crush if they kicked in another $14 million. [Washington Post]

* Some people have a problem with duct-taping kids to force them to take naps. Kids are growing up soft these days. [Lowering the Bar]

* And guess what? The D.C. Circuit is hearing the Halbig case en banc. Nullifying any argument that the Supreme Court act immediately to resolve a circuit split. Seems like someone predicted this outcome while the mainstream media wet themselves over a Supreme Court showdown. [Constitutional Accountability Center]

* Adam Steinbaugh got a DMCA takedown notice for criticizing a company for… overactive DMCA takedown notices. He replies eloquently. [Adam Steinbaugh's Blog]

* Here’s the international sign for “don’t urinate in public.” Glad to know we needed a sign for this. [National Review]

* An illegal hostile work environment is created when coworkers wear confederate flag T-shirts. Because… obviously it is. Professor Volokh thinks this is unconstitutional. Apparently a document drafted by white slaveholders is set up to protect “broadcasting to black people that they should still be enslaved.” Because… obviously it is. [Volokh Conspiracy / Washington Post]

* Police accidentally killed a crew member for the TV show “Cops” while foiling a robbery. That’s just shocking… the fact that “Cops” is still on the air. [Associated Press via ABC News]

* Practice pointer: Get in the practice of writing non-clients to tell them that they are not, in fact, your clients. People can be crazy stalkers out there and you need to protect your practice. [What About Clients]

* Scheduling trials is like playing musical chairs. Except no matter when the music stops someone’s probably getting screwed. [Katz Justice]

* It turns out that lawyers have a hard time talking to clients about overdue bills. As a lawyer who has literally had state troopers impound a client’s private jet, I don’t understand this. But here are the results of a comprehensive survey on the subject. [Lexis-Nexis]

* If you’re interested in how the “justice gap” functions overseas, here’s a report from the Legal Services Board in the UK. [Red Brick Solutions]

* A Texas man, David Barajas, was acquitted of shooting and killing a drunk driver who had killed the man’s sons. The defense argued that Barajas didn’t kill the guy and that there was little physical evidence tying Barajas to the killing. Atlanta news (specifically WSB-TV) may not quite understand the whole “innocent until proven guilty” thing. Pic after the jump [via Twitter]:

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* Dean Chemerinsky lays out how the Supreme Court is protecting local corruption. It’s what the Framers would have intended. [New York Times]

* In response to the latest article from Professor Michael Krauss, a former student suggests that maybe the so-called “justice gap” is a good thing. It kind of comes down to how much you believe in the efficiency value of the “American Rule.” [That's My Argument]

* The eternal question for female lawyers: do you dye your hair or embrace the gray? [Gray Hair]

* Boston’s drivers suck. [The Faculty Lounge]

* A well-written tribute to a Nashville civil rights lawyer. [Nashville Scene]

* This seems like a place to remind people that David’s going to Houston next month. [Above the Law]

* Here’s a new game to check out. It’s a twisted dirty word game called F**ktionary (affiliate link), so obviously it was made by a lawyer. It’s kind of like Cards Against Humanity meets Scattergories, which is just as fun as it sounds. The promo is after the jump….

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Burger King bounty for Biglaw.

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

In Ferguson, Missouri, outrage over the shooting death of teenager Michael Brown roils on.  Attorney General Eric Holder visited Ferguson yesterday, promising Brown’s family and the concerned public that a federal investigation would ensure justice.  If Darren Wilson, the white police officer who shot and killed Brown, willfully deprived the young black man of his constitutional rights to be free from unlawful deadly force, Wilson could be convicted under federal civil rights law, in addition to any possible state charges.

Much of the outrage over Brown’s death is rooted in the belief that Wilson responded to Michael Brown as he did because of Brown’s race.  The case calls up a painful history of racist white men murdering black men under color of law.  I don’t dispute the existence of that history, and I humbly acknowledge that, as a white woman, I will never feel the same pain associated with that history that black men and women will.  Even so, I wonder about what in this particular case leads so many observers to conclude that racism obviously caused Wilson to shoot and kill Brown — not simply to conclude that Wilson was unjustified in his use of force for non-race-based reasons, or to be suspicious of the circumstances surrounding the use of force.

How could we distinguish a set of facts where a white police officer improperly kills a black teenager without racial bias from one where a white officer improperly kills a black teenager because of racial bias?  Do we have a picture of criminal violence by a white officer against a black teenager that is wrong, but not wrong for any reasons that involve race?

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Facts enjoy mythical stature in our society. In a diverse community with many competing and often conflicting views, facts ring out with a promise of objective clarity. You are entitled to your opinions, but not your own facts. I’m sure you’ve said that/had that said to you.

Facts are bullshit. A skilled lawyer can turn a competent eyewitness into a blathering idiot. A skilled rhetorician can make facts dance on strings for the amusement of the masses. I come to bury Caesar, not to praise him. Fact.

Truly objective facts are few and far between. Evolution is what happened. Annie is not okay. Light travels at 299,792,458 meters per second. Much beyond that, who can say? People like to say, “Let’s wait for all the facts to come out.” What they are really saying is, “Let’s wait for additional information that I can fit into my preconceived world view.” There have been studies about this. If a “fact” doesn’t fit into a person’s standing world view, that fact is likely to be ignored and have no impact on the person’s judgment.

Don’t believe me? Take a look at the video of Kajieme Powell getting shot to death in St. Louis. You’ll remember Powell as the alleged “knife wielding” crazy man who seemed to be trying to commit suicide by cop when St. Louis PD eagerly obliged. Tell me what you see…

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* Full, fair, and independent: In a St. Louis Post-Dispatch op-ed, Attorney General Eric Holder promised “robust action” in Ferguson, Mo., in light of Michael Brown’s killing. [National Law Journal]

* Biglaw firms have taken notice of the crowdfunding scene, and some have started up their own practice groups dedicated to the cause. Goodwin Procter just got in on the ground floor. [Crowdfund Insider]

* Who will be honored with induction to the American Lawyer’s Legal Hall of Fame in 2014? Take a look at a list of past winners of the title to see if you can guess which legal luminaries will be next. [Am Law Daily]

* “We are actively investigating. We will not rest until we bring this case to a close.” Police still have no leads or suspects in the tragic murder of FSU Law Professor Dan Markel. Sad. [Tallahassee Democrat]

* Is your fantasy football league legal? Like the answer to all questions of law, it depends. Not for nothing, but we’re willing to bet that you won’t really care if it’s legal if it’s going to impede on your fun. [Forbes]

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