Rank Stupidity

No one wants to be this guy.

At any job, there are various levels of misconduct that an employee can usually get away with or at least occasionally pull off without repercussions. Like, maybe you could get away with wearing jeans even if it’s not casual Friday. You might show up a few minutes late when your boss isn’t around, or you might check Facebook. I steal cars and blog while racing down East 14th after my east coast coworkers go home. You are not supposed to do it, but hey, it happens.

Then there are things you cannot do. Period. Things that any competent employee should simply know are unacceptable.

Included in this category of utterly verboten workplace activities are watching porn during a rape trial when you’re the on-duty court clerk. The list would also include falling asleep during a youth justice hearing — when you’re the judge running the proceeding.

But some people never learn. And then they lose their jobs. And we write about it (gavel bang: Adjunct Law Prof Blog) and show you video of the sleeping judge in court…

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It’s always tempting to call people like the guy in this story the stupidest (alleged) criminal ever. But, somehow, the bar for getting arrested via internet idiocy keeps getting set lower and lower.

In the modern era, it seems that thieves and would-be murderers can’t help but gloat about their illicit activities online.

But until today, I’ve never heard of a wanted man posting on his local sheriff’s Facebook wall, commenting on a story about the fact that police were looking for him.

Wait, did I say commenting? This dude started a whole thread. You can’t make this stuff up….

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Proposed new law school at Indiana Tech. Not shown, the solitary confinment chamber for students who call professors obtuse.

Honestly, how many law schools does Indiana need? Two? Five? 317? I just want to know. I just want somebody — Peyton Manning, Mitch Daniels — to tell me how many freaking law schools are required in the great state of Indiana before its legal needs are met.

As we mentioned in Morning Docket, Indiana Tech is moving ahead with plans to open a new law school. Why? Because it can. The school allegedly did a feasibility study that found Indiana was “underserved” by lawyers. No intelligent person can believe it. Asking a university that wants to open a law school whether there is a need for a new law school is like asking a fat person if there is a need for more pie. Indy Tech will be the fifth law school in Indiana and the seventh within a three-hour drive of Fort Wayne. If Fort Wayne needs more access to legal education than the Indianapolis Motor Speedway needs more access to fast cars.

Oh, but Indy Tech has an ingenious way of getting use out of its soon-to-be unemployed law students. Slave legal labor for everybody at Indy Tech…

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The faculty at NYU Law are our poster children for law professors who lazily reuse old exams, instead of ripping themselves away from their largely unread law review articles long enough to write a new issue spotter.

Apparently, the school really likes being on that poster. Despite the fact that we’ve been highlighting this issue at the school since at least 2009, the faculty continues to use old exams. Students who find them enjoy an unfair advantage over students who are not skilled in the art of internet sleuthing. In fact, it seems NYU Law doesn’t even have a fully thought-out policy regarding exam reuse.

It must be a great life. Every time an NYU Law prof reuses an old exam (to the outrage of students), I have to write an entirely new post — even though the underlying issues of laziness and disregard for student concerns are the same. But if I were employed by NYU, I wouldn’t even have to go through the motions, I could just take the most recent post I wrote decrying the NYU Law faculty doing this, change the dates, and go back to watching the Australian Open on television. Does anybody know if NYU is hiring?

Actually, the latest example really is deserving of its own post. Because this time an NYU Law Vice Dean got into the mix and exposed a disturbing lack of understanding about the problem…

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Rapper or criminal mastermind?

I am constantly amazed at how dimwitted some criminals can be. We have covered them in these pages before, from the guy who left evidence of his violent plans open on his desktop, to the robber who reached out to his victim via Facebook.

On Thursday in Pennsylvania, a federal jury convicted Anthony D. Elonis on four counts of threatening his estranged wife, the Pennsylvania State Police, the Berks County Sheriff’s Department, a kindergarten class, and an FBI agent. The vehicle for his litany of threats was none other than Facebook.

The case goes to show that producers of cool heist movies like Ocean’s 11 or The Italian Job have no idea of the context in which your run-of-the-mill petty criminal exists.

What did Elonis threaten to do? Some pretty bad stuff, actually. Keep reading to see why it is lucky he’s no criminal mastermind….

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Before we get to the meat of this story, let’s quickly state the obvious: if you plan to commit a violent crime, you probably should not post details about it on Facebook or Craigslist. If you simply must tell the Interwebs of your devious agenda, it’s probably best to close the incriminating window ASAP, so visitors to your home do not see it on your the PC in your living room.

Glad we got that out of the way. Today, we have another fun dumb criminal story for you. It even comes complete with a thought-provoking judicial ruling. Did you know that if a police officer simply moves a computer mouse or presses a key to wake a computer up from sleep mode, that it constitutes a Fourth Amendment search? Well, neither did a Wisconsin police officer who was investigating a man who allegedly threatened to shoot up a shopping mall (gavel bang: Legal Blog Watch).

More on the case, US v. Michael Musgrove, plus Musgrove’s, original thug life Craigslist posting after the jump….

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There’s one guy in your outfit who understands the need not to write stupid e-mails: That’s the guy who just spent all day in deposition being tortured with the stupid e-mails that he wrote three years ago.

That guy will control himself. He’ll write fewer and more carefully phrased e-mails for the next couple of weeks. Then he’ll go back to writing stupid stuff again, just like everyone else.

You can’t win this game; no matter what you say, people will revert to informality and write troublesome e-mails. But you’re not allowed to give up. What’s an in-house lawyer to do?

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[W]asting the Court’s time with nonsense is not the way for plaintiff to have any hope of prevailing in this case…. Plaintiff is either toying with the Court or displaying her own stupidity. She made the correct redactions when she re-filed her Complaint and Amended Complaint. There is no logical explanation she can provide as to why she is now wasting the Court’s time, as well as the staff’s time, with these improper redactions.

– Chief Judge Royce Lamberth (D.D.C.), benchslapping the so-called “Queen of the Birthers,” lawyer cum dentist Orly Taitz (pictured), for improper redactions in her court filings. Check out the complete order, via The BLT.

(Chief Judge Lamberth, as you may recall, knows how to dole out a benchslap. See also his condemnation of an e-discovery screw-up.).

'How do I get these stupid marks to disappear from my document?'

Over the last few weeks, I’ve written about some über expensive and embarrassing examples of lawyers making technological mistakes.

Those stories involved sexily scandalous blunders, but they were relatively extreme scenarios. (If turning over thousands of privileged documents happens regularly at your firm, may God help you.)

More frequently, firm employees deal with little technological snafus that are just annoying, pointless, and a waste of time. In a world where attorneys might literally be working themselves to death, every second of the day counts. It’s when people can’t handle mundane, seriously easy computer tasks that daily tasks become inefficient and infuriating.

Keep reading for some true stories of the technologically challenged….

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What is up with state prosecutors in the Midwest? Over the past year or so, they’ve been making huge fools of themselves. See, e.g., Wisconsin’s Ken Kratz (of “I am the prize” fame); Michigan’s Andrew Shirvell (of “homophobic nut job” fame); and Indiana’s Jeff Cox (of “Use Live Ammo” fame).

Our latest Midwestern prosecutor to win Lawyer of the Day honors, Carlos Lam, also hails from Indiana. Let’s take a look at what this loser Hoosier did….

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The following tale of legal technology took place in our nation’s capital, although it seemed to draw more attention overseas.

Last December, as winter’s grip began to take hold over Washington, D.C., Rodney Knight Jr. found himself in serious need of a heavy jacket. So he did what any of us would have done in these circumstances: he broke into someone’s house and took one. Knight kicked down the back door to the home of Marc Fisher, a metro columnist for the Washington Post, where he found his new winter jacket. In addition, being in a proactive mood, Knight decided to swipe two laptops and a bunch of cash.

Knight was so proud of his little heist that he felt the need to do a little bragging. Check out what one of the greatest criminal masterminds of the early 21st century did next….

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Usually I’m happy to stand with law students against the slings and arrows of outrageous law school administration.

But not this time. This time, instead of a noble law student fighting the good fight, I see an annoying whiner who wants law school to be about teddy bears and rainbows.

A student at the University of Miami School of Law is trying to get the student body to adopt a “Student Bill of Rights.” The proposal lists a number of things that “shall not be violated.” Even though I agree with some of these points, codifying them as “rights” makes me flaccid. We’re talking about law school, not summer camp. It’s supposed to be hard. It’s not supposed to be fair.

We can condemn law schools until the cows come home for inducing students to sign up under false pretenses. But once you matriculate, law schools turn into the warden from Shawshank Redemption: “Put your trust in the Lord; your ass belongs to me.”

As a law student, you don’t have any rights….

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It’s Christmas morning here at Above the Law. Thomas M. Cooley Law School has released a new set of law school rankings designed to make Thomas M. Cooley Law School look good. Back in 2009, Cooley incredibly ranked itself the 12th-best law school in the country.

Now the farce reaches new and glorious heights. In this latest edition of Cooley’s own Judging the Law Schools rankings, Cooley has rated itself — wait for it, wait for it — the SECOND BEST law school in all that land. That’s right, #2! Harvard is #1, so according to Cooley, if you can’t get into HLS, you’d be making a wise career decision to go to Cooley instead of, oh, I don’t know — YALE. Click over to the Cooley website if you want to see the full list; I don’t want to befoul ATL’s pages with a breakout of Cooley’s top ten.

This, my friends, is funny. But it’s also serious. Because there are real people studying at Cooley right now, and I don’t think they understand how horrible it makes the school look when the administration publishes things like this….

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I’m not a constitutional scholar, and I didn’t stay at a Holiday Inn last night. But I really struggle to find the ambiguity in this line from the Fourteenth Amendment: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

That statement seems very, very clear to me.

Of course, I’m not an unabashed racist. Maybe if I was I’d be able to be as intellectually dishonest and willfully ignorant as State Legislators for Legal Immigration, and have the gall to argue that this section of the 14th Amendment has been misinterpreted for 150 years.

Actually, check that. Even if I woke up in the middle of the night terrified that dirty foreigners were stealing my country, I’d grab a shovel and start digging a moat around this country before I fixed my mouth to argue utter tripe like what we’re hearing from the State Legislators for Legal Immigration.

In a world full of spurious legal arguments, theirs is truly one of the stupidest things you’re ever going to hear…

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This is an artichoke. Warning: don't eat the whole damn thing.

Remind me to tell you about the time I looked into the heart of an artichoke.

– Margo Channing (Bette Davis), All About Eve

Warning: consumption of artichokes can be hazardous to your health. Especially if you eat the entire thing, leaves and all.

This is a lesson that Arturo Carvajal, a doctor in Miami, learned the hard way. According to Dr. Carvajal, in May 2009 he ate at a Houston’s restaurant in Miami Beach, where he ordered the grilled artichoke special. Having never eaten an artichoke before, he ate the whole thing — including the tough, practically inedible outer portion of the leaves.

After doing so, Dr. Carvajal experienced… tummy trouble. One “exploratory laparotomy” later, he learned that he had artichoke leaves stuck inside his bowel. Oy.

Now, Dr. Caravajal is suing….

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West Wing fans will get a kick out of this. Liberals will get a huge kick out of this. Republican leaders who hope to take back the Senate will cry softly to themselves.

The Tea Party darling and Republican nominee for Senator from Delaware, Christine O’Donnell, has struck again.

Last week, we learned that Christine O’Donnell couldn’t name a recent Supreme Court decision she disagreed with. That was funny and embarrassing, but Lat did a good job defending O’Donnell and pointing out her recovery from the flub.

She’ll get no such quarter from me.

During a debate at Widener Law School, O’Donnell and Democratic Senatorial nominee Chris Coons mixed it up over teaching creationism in schools. Coons, on the defensive because Dems are too dumb to say “creationism is not science” and move on, said that a fundamental principle of this country is the separation of church and state. O’Donnell, after a pause, asked: “Where in the Constitution is separation of church and state?” The crowd laughed, O’Donnell started grinning like an idiot, and, well — watch the clip for yourself, in which O’Donnell shares her thoughts on some other Constitutional amendments…

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Last month, Marin broke down the Paris Hilton defense to a drug possession charge. Put simply, saying “it wasn’t me” when confronted with drugs found on your person strains credulity.

Especially if those drugs are found in your ass. Which is what happened to a Florida man over the weekend…

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Based on our earlier coverage of traffic stops, here are some dos and don’ts for the next time you get pulled over:

Now that we’ve covered the basics of traffic stops, let’s move on to the advanced course….

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There are a lot of angry job hunters in the legal marketplace right now, thanks to lots of debt and little in the way of prospects. They’re desperate, frustrated, and may be dangerous. The Great Recession has turned some of these poor legal puppies into Cujos.

In May, we wrote about a heated exchange between a Massachusetts law student and a potential lawyerly employer. The lawyer, Rose Clayton, had hesitations about hiring the law student as a paralegal and offered to hire him on a trial basis. When he objected, demanding a full-time offer instead, she laid out exactly what he had done wrong. That set him off and the conversation deteriorated into an exchange of unconstructive criticism. The law student, Jesse Clark, ended with this:

It’s amazing that the Ma Bar lets women practice law. Shouldn’t you be home cleaning and raising children? As for your practice, its just Bankruptcy. It’s not difficult, and many Petitioners file pro bono and get discharges.

Clayton posted the exchange online, redacting the student’s name, and Massachusetts Law Weekly picked up on it. And then we picked up on it. Jesse Clark responded on his blog and thus shed the cloak of anonymity.

Noah Schaffer at the Massachusetts Law Weekly’s Docket identified Clark in a second story, which led Clark to create a nude modeling profile for Schaffer.

After corresponding with Clark, my photo and phone number found their way into a Craigslist casual encounters ad. I deflated quite a few, um, hearts when I let the many callers know that it was a prank.

Then all was quiet on the digital terrorism front for over a month. Until this week. Rose Clayton became the victim of a nasty new prank…

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A lot of ink (virtual and otherwise) has been spent the last couple of days grading the performance of Elena Kagan at her Supreme Court confirmation hearings before the Senate. If confirmed, this week is the last time Kagan has to talk to the people, so it’s right to focus on how she did.

But there seems to be a media blind spot when it comes to grading the Senate Judiciary Committee itself. These 19 elected representatives are entrusted with the awesome responsibility of being the people’s voice in a process that ends with a lifetime appointment. Yet few seem to care if these guys are doing a good job — or if they even know what they are talking about. Sure, we’ve got to live with confirmed SCOTUS Justices for the rest of their lives, be we have direct electoral control over the Senators who do the confirming.  Is it too much to ask that we find 19 people in the entire U.S. Senate that actually understand what judges do for a living?

Let’s get this ball rolling. Which Senator best fulfilled his or her duty to all of us, and which ones need to be transferred to Foreign Relations — where only our enemies and allies have to suffer under their stupidity?

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