Privacy

A person expects that the area under their clothing is private and protected against hostile intrusion … but if a clothed person is out in public and reveals areas under their clothing, whether inadvertently or otherwise, to plain view, she or he no longer has an expectation of privacy.

– Attorney Michelle Menken, arguing that the Massachusetts Peeping Tom law does not apply to her client, a man who was arrested for exercising his right to free speech — by taking “upskirt” pictures of women on the Boston subway.

* A passionate defense of Condoleezza Rice’s appointment to the NCAA selection committee, decrying criticism of her joining the committee as sexism. Unfortunately, he’s wrong (the entry for “Zubaydah”). [The Legal Blitz]

* The cop who pepper-sprayed the UC Davis protestors got $38,000 in workers’ comp for the anxiety he suffered when people criticized him. Poor delicate flower. [Lowering the Bar]

* Wisconsin forced a pregnant woman into a drug treatment program — even though she didn’t use drugs. Her fetus was afforded an attorney, but not the woman being unlawfully detained. [Slate]

* Former NSA chief Michael Hayden got a taste of what it feels like to have his private conversation monitored. Hayden told the reporter that he didn’t want to be on the record, but unfortunately for him, someone seated nearby knew who he was and live-tweeted the whole embarrassing conversation. [Think Progress]

* Yikes. Feds confiscated an investigative reporter’s files. That seems… wrong? [Popehat]

* An attorney was arrested at the bedside of his dying aunt because a local judge refused to reschedule a hearing. Texas judges are awesome! [Tyler Morning Telegraph]

* In tragic news, Judge Anthony Quinn of Utah, the brother of Quinn Emanuel’s John Quinn, was killed in a bicycling accident. Our thoughts are with the Quinn family. [Salt Lake Tribune]

* A Houston couple is suing Carnival Cruises for stranding them on that infamous Poop Ship. Except they were never on that ship. [Houston Chronicle]

* Herman Cain has figured out the culprit behind the sexual harassment allegations that plagued his campaign. It was the Devil! Maybe O.J. should look into where the Devil was when Ron and Nicole were killed. [Talking Points Memo]

* In the running for the worst company name ever: “Dis Is We Thing, Inc.” As always, Above the Law is brought to you by They It Is, LLC. [Rapaport Law Firm]

* The mixologists behind “The OxyContin” cocktail have renamed it “The Cease and Desist” after the pharmaceutical company that makes OxyContin shot off its cease and desist letter. Because this cocktail was more damaging to their reputation than being one of the most used and abused drugs on the market. [Forbes]

* People unfairly zero in on the personalities behind information leaks rather than the substance of the leaks themselves. I don’t know about that… I mean, The Fifth Estate bombed. [Politix]

* The new Phoenix Wright: Ace Attorney game is coming to America. I gather you can yell “Objection!” at your Nintendo DS and it responds. Anyway, here’s the review. [GameSpot]

* Down in Texas, Judge Sandra Watts got a taste of the new draconian totally fair voter ID requirements when election officials tried to block the 49-year veteran of the voting process from voting because her maiden name was on her ID. Thankfully for Judge Watts, she understood the law a little better than the poll workers. [ThinkProgress]

* Mike Lickver, whose legally-inspired music videos have graced these pages a couple of times before, has a new video. It’s not legally-themed at all, but he’s a rapping lawyer, so we give him a pass for venturing out into other themes. Video after the jump…

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* Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]

* Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]

* Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]

* A fund has been set up to help the man injured in the alleged hit-and-run involving a Hastings student. [We Pay]

* Law schools tell us they’re moving toward a model encouraging practical skills… and keep hiring more professors without any practical skills. #fail [Lawyers, Guns & Money]

* Does anyone remember 16 Tons by Tennessee Ernie Ford? Let’s say you do. Here are revised lyrics for 1Ls. [Law Prof Blawg]

* Infographic telling us what we all knew — the bubble done burst. [Online Paralegal Programs]

* The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbar solely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]

* A visit with Bill Coleman Jr., the first African-American Supreme Court clerk. [Judicial Clerk Review]

* More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]

* Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]

Jill Kelley

* With a government shutdown looming, the Supreme Court will likely go about business as usual. In fact, Justice Alito is rolling his eyes at the mere concept of closing the Court’s doors as we speak. [SCOTUSblog]

* But in the meantime, both the Department of Justice and the federal judiciary are hunkering down and waiting for the collapse of law and order thanks to all of our petulant politicians in Washington, D.C. [Blog of Legal Times]

* Justice Scalia thinks the NSA’s surveillance programs may come before SCOTUS for an examination of a “right of privacy that comes from penumbras and emanations, blah blah blah, garbage.” [Associated Press]

* Perhaps it’s due to the “hangover from the collapse of the markets in 2008,” but white-collar defense practices are on the rise in Biglaw, and the firms’ leaders could not be happier. [Philadelphia Inquirer]

* Another law school ranking just means there’s another way for Yale to whoop Harvard’s ass. Now we know that Lat’s alma mater is slightly better at producing law deans than Elie’s. [National Law Journal]

* A motion to dismiss has been filed, and now Jill Kelley, the Florida socialite who assisted in bringing about the end of General David Petraeus’s career in the CIA, is watching her legal case unravel. [CNN]

* Overrated: Government surveillance is out of control. Underrated: Government spending massive amounts of money making the Army’s Intelligence and Security Command look like the set of Star Trek: The Next Generation is out of control. [Lowering the Bar]

* Helen Wan explains “The 5 Rules Every New Associate Must Know.” Not included: learning all the technical details required to convincingly say your smartphone failed to get that 1 a.m. message. [The Careerist]

* Another post in the fascinating series about creating visual maps of Supreme Court doctrine. It’s like a nerdier version of the The Atlas of Middle-Earth (affiliate link). [PrawfsBlawg]

* Ilya Somin reviews the Supreme Court’s most recent Takings Clause jurisprudence. It’s a lot harder for the government to take your property away. But don’t worry, it’s still really easy to lose all your property to unregulated markets. [The Volokh Conspiracy]

* The Office of the Solicitor General may have inadvertently helped out Frederick Oberlander and Richard Lerner, the two lawyers charged with criminal contempt for talking about a cooperator’s sentence (if you can call a $25,000 fine for admitting to a $40 million fraud a “sentence”) that the feds claim was sealed. [Wise Law NY]

* A somewhat sad art show based on requests from prisoners in solitary. Some beautiful stuff here. Though I’d have expected more “Rita Hayworth” photo requests. [Gawker]

* The Daily Show takes on biotech patents. Video after the jump…

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* After winning his first NFL game this weekend, it’s worth looking back at this profile of Chicago Bears coach Marc Trestman, who started his coaching career as a University of Miami law student. [Chicago Sun-Times]

* Here’s all of law school in one syllabus. The third year of law school may be useless, but this is probably too short for a decent legal education. [Postgrad Problems]

* The solution to the law school business model should include reaching out to provide basic legal instruction for those not seeking a J.D. But how does this jibe with the argument that the only way to understand the law is to spend three years in school? [Chronicle of Higher Education]

* In fairness to George Zimmerman, his wife was wearing a hoodie… [CNN]

* Director of National Intelligence James Clapper is looking for a new attorney for the office. It’s a pretty sweet government job because you don’t have to submit to a background check — they already know everything you have to hide. [Constitutional Daily]

* The tax collection system in D.C. is taking nominal shortfalls, charging the homeowners astronomical lawyer fees, and then foreclosing on their houses. Check out how much Aeon Financial tried to charge… [Washington Post]

* Australia banned an ad featuring young, naked women not because they were young and naked, but because they weren’t smiling. This makes sense, because if you’re going to be a hyper-sexualized prop in a campaign to hawk consumer products, you’d better be happy about it. [BuzzFeed]

* Caron Washington, D.C., a comprehensive addiction treatment center, will present the D.C. Bar’s Lawyer Assistance Program with the Caron Employee Assistance Excellence Award at the Caron Recovery for Life Gala on October 8th, 2013 at the National Museum of Women in the Arts. The Lawyer Assistance Program is a free, voluntary, and confidential program for lawyers, law students, and judges who are suffering from addiction, depression, anxiety, or stress. You can purchase tickets or make a contribution at the link. [Caron]

* On October 17-18, IT-Lex is hosting a conference covering the intersection of law and technology. Attendees include the Chief Privacy Officer of the Federal Trade Commission, a Special Agent from the FBI’s Cyber Intrusion Squad, Judge John M. Facciola, the Honorable Nan R. Nolan, and Ken Withers. And the event is in Orlando so you can double up with a trip to Disneyworld over the weekend! Sign up at the link. [IT-Lex]

* DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar]

* Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times]

* The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy]

* The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium]

* In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex]

* Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More]

* BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part…

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Chief Judge Alex Kozinski

* A chat with Chief Judge Alex Kozinski. Kozinski is the only interviewee who can talk about political oppression and reserve the real shock and horror for jury verdicts. [Concurring Opinions]

* On a serious note, a summer intern at Bank of America has died after pulling three all-nighters. Biglaw reminds associates that the lesson here is to get your work done faster. [Gawker via Instapundit]

* LeBron James thinks he’s actually above the law. What’s more despicable? Using celebrity to ruin everyone else’s commute so you can watch a concert or being part of the Heat? [Grantland]

* Case Western Reserve is changing its legal curriculum out of desperation an effort to revolutionize law school. [Cleveland Plain-Dealer]

* Women’s magazines make a ton of demoralizing helpful promises. What if lawyers inserted themselves into the editorial process? [The Tangential]

* A Chicago ER doctor is facing a lawsuit over taking and posting pictures of a woman — apparently this “actress, model, and ex-professional tennis player” — who’d had too much to drink. Dr. Carter has really gone downhill. [IT-Lex]

* RIP Groklaw, 2003-2013. The stalwart blog has decided to shut down over concerns about government surveillance. [Groklaw]

* An attorney in Texas decided to take to Craigslist to rip another lawyer advertising a $10/hour paralegal job. Screenshots of the original and the response after the jump… [Craigslist]

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As was recently covered here, a Morgan County, IL state’s attorney by the name of Robert Bonjean declared his intentions to selectively enforce a state law declared unconstitutional by the Seventh Circuit Court.

The law in question was the 1960 Eavesdropping Law that forbade recordings without the consent of both parties. The court stated that using this statute to prevent citizens from recording police was likely unconstitutional. Shortly thereafter, a citizen (Randy Newingham) was detained for doing exactly that. Bonjean said he wouldn’t issue a “blanket statement” on citizens’ recordings and would take it on a “case-by-case” basis.

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