A commenter recently noted that "[t]he LEWW posts are marked with a logo to make it easy to avoid them." Ouch! In fairness, we note that the same commenter also called us "one [of] the best, funniest, most well-written features on ATL" (thanks!). Whether the sight of the LEWW logo makes your heart sing or sink, the please note that the logo has changed to something a bit more festive.

In other business, we certainly made the right call when we decided to include an extra couple in May's Couple of the Month poll! The "write-in" candidates were your favorites by far, running away with over 60 percent of the vote.

Congratulations to Noraan Sadik and Stephen Haskins, ATL's Legal-Eagle Couple of the Month for May 2008!

We caught up on our wedding-watching backlog this weekend, so stay tuned, LEWW lovers. There's more coming this week, and it includes some of our readers' favorite acronyms.

Cheers!

Last week, we were inspired by the intersection of music and law in the R. Kelly trial, so we launched a call for best songs about the law. We had lots of songs thrown our way. We've rounded them up after the jump, so you can vote for the best. We'll take the top ten and anoint them "ATL's Top Ten Law Songs."

Now, back to R. Kelly, who could rightfully do a cover of "I fought the law (and the law I won)." He was acquitted Friday in his child porn trial. The Chicago Tribune has a profile piece on one of his lawyers, Sam Adam, Jr., who "delivered a largely improvised monologue filled with pop culture references, biblical quotations and a glimpse at how much the trial's outcome meant to him personally." Kelly's spokesperson is quoted as saying Adam is on his way to "becoming a superstar." Nice to see a lawyer getting rock-star-esque media coverage.

On to the voting. Check out the massive poll after the jump.

Too... much.... information. Yes, we're talking about the controversy over Chief Judge Alex Kozinski of the Ninth Circuit, who's presiding over the Ira Isaacs obscenity trial in Los Angeles, and who uploaded some materials to a shared family website that contained some sexual images (among many other things).

This controversy is "TMI" in more ways than one. There has been such a torrent of news and legal blog coverage that we're still getting up to speed. We'll have more detailed thoughts later. Our extensive past coverage appears here, here, and here.

In the meantime, here's an open thread for discussion, plus some material to keep you occupied: (1) an extensive collection of links related to this matter, to both mainstream media sources and blogs, as well as selected material obtained from Chief Judge Kozinski's site; and (2) a pair of reader polls (one from yesterday, still open, and one new, prompted by comments like this one).

NEWS COVERAGE
Judge suspends L.A. obscenity trial after conceding his website had sexual images [Los Angeles Times]
Porn Stash Puts Obscenity Case Judge in Awkward Spot [New York Sun]
Chief Judge Contributed to Racy Web Site [New York Times]
Report: Smut-case judge posted explicit images [AP]
Judge Assailed Over Sexually Explicit Images on Web Site [Washington Post]
Obscenity Trial Suspended After Report That Judge Posted Sexual Images [WSJ Law Blog]

BLOGOSPHERE COVERAGE
The L.A. Times's Tipster on Kozinski's Porn: Cyrus Sanai [Patterico's Pontifications]
More on Cyrus Sanai's Campaign Against Judge Kozinski [Patterico's Pontifications]
The L.A. Times's Tipster [How Appealing (Howard Bashman)]
The Kozinski Circus [Convictions / Slate (Emily Bazelon)]
Should Litigants in Obscenity Case Before Judge Kozinski Moo-ve for a Mistrial? [Legal Blog Watch (Carolyn Elefant)]
Judges Gone Wild [Concurring Opinions (Kaimipono Wanger)]
News judgments about Kozinski's porn [LawBeat (Mark Obbie) via How Appealing]

COLLECTED MATERIALS FROM CHIEF JUDGE KOZINSKI'S WEBSITE
[Warning: NSFW]
What "Stuff" was on Judge Kozinski's Personal Website? [Celebrity Justice / USLaw.com]
Exclusive: Kozinski's Porn -- Images from Judge Alex Kozinski's Web Site [Patterico's Pontifications]
[Warning: NSFW]

Earlier: Prior ATL coverage of Chief Judge Alex Kozinski (scroll down)

Because we only had two LEWW winning couples for May, we're throwing this week's runners-up -- also very strong contenders -- into the mix for your consideration.

If you're ready to vote, here's the poll.

If you don't know who the heck these people are, click on the link below to read all about our fabulous finalists.

Over 3500 votes are in, and the winner of the Lady Justice ATL caption contest is...

The setting is the Shreveport federal court in Lousiana, and the man taking a moment to reflect is Caddo District Judge Michael Walker. Unfortunately, he and fellow judge Vernon Claville were not as intimate with Lady Justice as they should have been. They were convicted last month on racketeering charges. From the Shreveport Times:

Walker, who oversaw the drug section in Caddo District Court, and Claville, a juvenile judge, were convicted of racketeering charges stemming from a corruption investigation that began nearly five years ago. The government said the pair took cash payments from Travis McCullough, an informant, to lessen the cost for inmates to be released from jail.

Both judges have been sent to correctional facilities. But KSLA News reports that they will still receive state pensions when they "retire" on July 2. Good old Louisiana.

Federal jury convicts two Caddo judges [Shreveport Times]
Two Caddo judges on trial [Shreveport Times]
Convicted Caddo judges now in federal jail, will still get pensions [KSLA TV]

Earlier: ATL Lady Justice Caption Contest Finalists: Time to Vote!

We had over 200 entries in the ATL Lady Justice caption contest. We've narrowed the field to our ten favorites, and listed them in order of posting time. You get to vote for the best one.

A. "One more push and we'll have room for that ten commandments statue..."

B. "Lady Justice, I sued my drycleaner for $5M and lost. What should I do now?"

C. After being screwed so much by the Bush administration, a doctor confirms that Lady Justice has become pregnant.

D. "I don't care who you are, nobody gets into this building with a headscarf."

E. Upholding justice, literally...

F. I'm sorry, but as the hiring partner at Paul Hastings, I have to check.

G. It's about time somebody pushed back against Justice.

H. The DC Circuit just ruled in our favor. We will soon be able to use paper money without needing everything to be in singles.

I. Attempted statutory rape.

J. I'm sorry; we don't permit justice in the Texas court system.

Earlier: ATL Caption Contest: Lady Justice

Congratulations. You've reached the end of another long, hard week. Your reward: another ATL poll on a random question of style, usage, or grammar. Prior polls can be reviewed by clicking here (and scrolling down).

In last week's poll, we asked you whether you preferred the term "lawyer" or "attorney." Almost 4,000 votes were cast in the online poll, and the winner was clear: "attorney," with almost 70 percent of the vote. Here are a few representative comments, from readers who voted for the winner:

"Lawyer sounds silly when uttered by a midwesterner (where I am), whereas attorney has a better ring to it."

"Attorney if person has an IQ above 90; lawyer if below."

"[A]ttorney conveys intelligence and respect; lawyer doesn't. I've noticed that most laypeople tend to refer to us as 'lawyers' while most attorneys refer to themselves as such."

Now, on to this week's poll. It's inspired by Justice Scalia's recent complaint about the use of contractions in briefs, which "drag the courts down to the level of the marketplace." It's a point of disagreement between the justice and Bryan Garner, his co-author on Making Your Case: The Art of Persuading Judges.

In the book (pp. 114-19), Garner defends contractions by arguing that they allow you to "achieve a more conversational rhythm in your writing," thereby enhancing readability. Justice Scalia disapproves of them because "[f]ormality bespeaks dignity," and some judges "will take [contraction usage] as an affront to the dignity of the court."

Garner notes that such distinguished jurists as Richard Posner, Frank Easterbrook, and Alex Kozinski use contractions in their writing. Justice Scalia responds:

As for Judges Posner, Easterbrook, and Kozinski, life tenure is a wonderful thing; neither they nor any client of theirs pays a price for their contractions. (Kozinski, for Pete's sake, has been known to write an opinion with 200 movie titles embedded within it.)

What is -- or what's -- your practice when it comes to contractions in briefs and other forms of legal writing? Take our poll, and share your views in the comments.

Happy Friday! Time for one of our quirky queries about style, usage, and grammar. On Fridays past, we have solicited your views on preferred email sign-offs, whether to refer to a marked-up document as a "blackline" or a "redline", whether to use "pleaded" or "pled" in legal writing, how to spell a certain naughty word, and how to pronounce "substantive".

Here is today's question, from a curious reader:

Lawyer v. Attorney: I have always wondered what the difference between these two monikers is. I am both (I guess).

Recently I introduced myself as an attorney at a party [in Austin, Texas]. My friend pulled me aside and said, "You should call yourself a lawyer; attorneys are ambulance chasers."

I'm an associate at an Am Law 100 firm, and would love to know definitively whether I am a lawyer or an attorney. Do you think you guys could make a post about this subject?

We mentioned this question to one friend -- not an attorney/lawyer herself, but the daughter of one. Her take:

Well, my dad refers to people he respects as attorneys, and people he hates as lawyers. We're from Alabama. That's the only distinction I've ever noticed.

So the Texans seem to like "lawyer," but the Alabamans seem to favor "attorney." Odd.

What do the dictionaries say? From Webster's Ninth New Collegiate Dictionary:

attorney: one who is legally appointed by another to transact business for the firm; specifically, a legal agent qualified to act for suitors and defendants in legal proceedings.

lawyer: one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters.

From Black's Law Dictionary (6th ed.):

attorney: In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another.... In its most common usage, however, unless a contrary meaning is clearly intended, this term means "attorney at law", "lawyer" or "counselor at law".

lawyer: A person learned in the law; as an attorney, counsel, or solicitor; a person licensed to practice law..... See also Attorney....

The term "attorney" may emphasize the "agency" aspect of legal practice more. But this seems like a fairly narrow distinction. It's not surprising, then, that the Associated Press Stylebook declares that "[i]n common usage the words are interchangeable."

But the subjective, stylistic question of which term sounds better remains. How should practitioners of law introduce themselves at cocktail parties?

What's your view? Share it in the comments, and take our poll below.

LAWYER VS. ATTORNEY - Which do you use? [The PR Lawyer]

We realize that we're constantly sending surveys and polls your way. That's because blogging is an interactive medium -- which is a good thing. We talk to you, and you talk back to us. We couldn't do our jobs without all the tips and info we get from you, via email, comments, and yes, surveys.

Anyway, we hope that one more survey won't kill you. Please take a few seconds to fill out our anonymous reader survey, which gives us a sense of our readership demographics. You can access the survey by clicking here.

And please don't overlook the final question, in which you can offer us editorial feedback -- what you like, what you dislike, and what you'd like to see more or less of in these pages. Thanks.

P.S. In case you find the educational categories a little confusing, "post grad work" means you've done some post-graduate work, but aren't done yet (e.g., you're in law school). "Post grad degree" means that you have completed at least one post-graduate degree. If you have one such degree, like a JD or a master's degree, but are in the process of getting another, like an LLM or PhD, check off the "post grad degree" box.

Above the Law Reader Survey [SurveyMonkey.com]

We couldn't choose between these two possible Lawyers of the Day, so we'll let them go head to head. You can decide who's the more deserving honoree.

In one corner, we have John Newsome, a district attorney in Colorado. Sources inside and outside the district attorney's office tipped off a local TV station to Newsome's carousing during office hours. From the Colorado Springs Gazette:

The television station aired its report Tuesday night after filming Newsome on a "recent afternoon" as he drank three 20-ounce beers and a 10-ounce beer during "work hours" over the course of less than two hours at Oscar's, a downtown Colorado Springs bar.

Newsome was then shown heading back to his office. An hour later, he drove his El Paso County-owned SUV to another bar, according to KOAA.

There, Newsome was reportedly seen drinking four more pints with Assistant District Attorney Amy Mullaney and then driving away. Mullaney was also drinking with Newsome earlier that day at Oscar's.

DA party-time! Woohoo. No criminal investigation, and he's running unopposed for reelection in November. Lucky guy.

In the other corner, we have Vito Fossella, who has a law degree from Fordham University. He's the U.S. congressman from New York who got busted for drunk driving in Virginia last week.

The DUI charge has led to the unraveling of his double life. Turns out the married father of three has a lady friend and lovechild in the D.C. region. From the New York Times:

Representative Vito J. Fossella, the Staten Island Republican who was arrested on drunken-driving charges in Virginia last week, acknowledged on Thursday that he had fathered a daughter, now 3, in an extramarital affair. But he declined to address questions about his political future.

Mr. Fossella, who has three children with his wife on Staten Island, issued a terse statement that said nothing about the events leading to his arrest, which occurred hours after he attended a White House reception celebrating the New York Giants’ victory in the Super Bowl.

At least he wasn't drinking during office hours.

Newsome: 'I sincerely apologize' [Colorado Springs Gazette]
'POP' GOES THE WEASEL VITO [New York Post]
Fossella Admits He Had an Extramarital Affair [New York Times]

In case you hadn't noticed, earlier this week we launched AboveTheLaw 2.0 -- a redesigned, retooled version of ATL, the legal tabloid site you've come to know and love. There have been a few technological hiccups associated with the relaunch -- e.g., most of yesterday -- and there will surely be more in the days (and weeks) ahead. But we will muddle through. Thanks again for your continued patience.

On the question of design, opinions will differ, as they always will on matters aesthetic (and more on that later). But on an objective level, the new site offers several cool new features not available on the old site:

1. Community Section: This is ATL's version of a message board. Annoyed that we haven't yet used your idea for an open thread? Start up the thread yourself! The Community section is open to any readers who wish to post discussion topics of their choosing. To access this part of the site, just click on the "Community" box in the upper right-hand corner (or click here). [FN1]

2. Past Precedents: One of the problems with a blog-style, purely chronological format is that the newest post always goes above the old, regardless of relative importance -- and when a post scrolls off the ATL front page, it's sometimes as if it never existed. So in the "Past Precedents" box on the front page, we draw your attention to recent notable stories and classic ATL items that no longer grace the main page.

3. Comment Capabilities: If you want to take ownership of your most witty or insightful comments, now you can, by registering for a commenter username and password. This is how internet celebrities are born! E.g., Loyola 2L.

But if you prefer to comment anonymously, you can still do that, just as you could on the old site. Simply click on the "Comment as a guest" link, and have at it.

(One minor note: the byline for guest commenters will always read "guest." So if the humor of your comment inheres in the byline, you need to incorporate that into the body of your comment -- which you can easily do by "signing" your comment inside the box provided for comment text.)

4. Hot Topics: Self-explanatory. Certain popular or noteworthy subjects discussed on ATL will be highlighted in the "Hot Topics" band at the top of the page.

And now, the promised word on design. Although some of us are nostalgic for the old design, which had a certain amateurish charm -- we kinda miss the demonic-looking judge of the old site logo -- we've been told that there's no turning back. The new design -- by the professionals over at Concentric Studio, who redesigned our sister sites, Dealbreaker and Fashionista -- is here to stay. (But a few tweaks may be made here and there; feel free to offer constructive criticism, in the comments to this post, or in this Community thread.)

Nevertheless, just out of curiosity -- because we've received both rants and raves, and don't know whether the emails and comments are representative of the readership as a whole -- please take our poll:

We hope that you enjoy the new look and features of the revamped ATL. We'll continue to work hard to make it, in terms of both form and content, a delightful site, informative and entertaining at the same time. Welcome!

[FN1] Please note that we will moderate the Community section, just as we moderate comments on regular posts, primarily to remove spam and other problematic material. Unfortunately, due to%2

Over 2000 votes are in. It’s you, Latham & Watkins! Latham's the “coolest,” baby! By a .6% margin.

One of our readers from Cleary an unnamed firm expressed disappointment in the poll’s closing at midnight PST instead of EST. ATL believes in time zone equity and refused to exercise a New York East Coast bias.

The caveat on this ATL tournament is that Latham is the “coolest” law firm in the Vault’s top sixteen, due to our arbitrary tournament selection for the Sweet Sixteen. There was some complaining about the tournament in the comments section, but we think you guiltily and secretly loved it. At least, 2000 of you did. Should the ATL tournament start with 64 firms next time?

Maybe Latham will use the 2008 ATL title of “coolest” firm in their recruiting next year. We sure hope so.

The voting map surprised us, after the jump.

VERSUS

We had over 4900 votes in the "ATL Law Firm Final Four" this weekend. Latham & Watkins and Cleary, Gottlieb, Steen & Hamilton emerged as the winners and will now go head to head to determine which is the "coolest" law firm. During commercial breaks in the NCAA basketball final tonight between the University of Memphis and the University of Kansas, come to ATL and vote. Or just vote throughout the day and bill it to "firm development."

We've given Latham a Memphis player's image. If Memphis wins tonight, it will be the first national champion from outside a major conference since 1990. Since Latham was the only non-New York law firm to make the final four, we think they would sympathize. Cleary got a Kansas player's image... because they both start with a hard "c" sound. Sports analysis is not our forte at ATL.

The polls close at midnight. Cast your vote here:

Die-hard fans can learn more about the Final Four results, and see the updated brackets, after the jump.

Congratulations, Anonymous! You are the ATL Caption Contest winner for this photo of President Bush with his White House Counsel, Fred Fielding (dressed up as the Easter Bunny):

After ignoring the rule of law for seven years, President Bush finally found a use for the White House Counsel.

The runner-up is:

The Mad Hatter and the March Hare discuss the legality of waterboarding the Dormouse.

And the write-in winner, by popular demand, is:

Things I don't believe in.

Thanks for voting. Now, back to real legal news... like the ATL Law Firm March Madness final game!

Earlier: ATL Caption Contest Finalists: Mr. Easter Bunny and POTUS

The #1-seed, Wachtell, Lipton, Rosen & Katz, hath fallen, along with all of the other top-seeded law firms, in an Elite Eight that was good for "underdog" lovers. Heading into the Final Four are Cleary, Gottlieb, Steen & Hamilton (#7), Davis Polk & Wardwell (#5), Latham & Watkins (#8), and Simpson Thacher & Bartlett (#6).

It's anybody's game. Here are the updated brackets:

Time to vote down to the two "coolest" firms, defining "cool" however you please. Polls and information on the Elite Eight voting are available after the jump. Polls close Sunday at midnight!

There's been some belly-aching about ATL Law Firm March Madness, but over 2300 people voted, so we shall press on! According to your votes, eight law firms have been chosen to advance. Here are the updated brackets:

Now it's time again to vote for the "cooler" firm, defining "cool" however you like. We appreciate your definitions via comment. Polls to determine the Final Four, and more information on the Sweet Sixteen match-ups, are available after the jump. Polls close at midnight.

Earlier: ATL March April Madness for Law Firms, Round 1: The Sweet Sixteen

We realize we are a bit late on March Madness. Given that all the #1-seeded teams are headed to the Final Four for the first time in NCAA basketball history, we assume your brackets are rubbish and you are open to distraction. Last year, we held a March Madness contest for law schools. UVA Law School came out on top.

This year, we give you ATL March April Madness for Law Firms!!!!

Brackets are based on Vault rankings. We wonder if Vault seeds will be as accurate as those by the NCAA tournament selection committee.

Here's how the tournament will work. Law firms will advance to the next round based on reader polls, in which we ask you which law firm is "cooler." You can define that however you choose.

The polls are available after the jump. Polls close at the end of the day!

Today is Friday, when we present for your consideration quirky queries about style, grammar, and usage. E.g., how to pronounce "substantive"; is a marked-up document a "blackline," or a "redline"; and do you prefer "pleaded" or "pled" in legal writing.

This latest poll may seem a little edgy (especially since today is Good Friday). But it actually presents a serious and legitimate question now facing Second Circuit judges (and their law clerks). Legal research reveals a split of authority; the courts have been inconsistent.

For background, read this post, including all the updates and comments. Now, the question:

Earlier: Lawsuit of the Day: Second Circuit Gets That 'Not So Fresh' Feeling

Some of you may be tired of our little Miami blackout caption contest. But we agree with the commenters who suggested that a contest with 20 entries was unwieldy. We'd like to get it right this time.

Here's what we've done. We've taken the top five vote getters -- there was a clear drop-off after #5, with all other choices polling under 10 percent -- and pitted them against each other in a final round.

If you feel like it, you can review the contenders, and vote for your favorite, after the jump.

We have not forgotten last week's promise of an ATL caption contest. To refresh your recollection, here's the photo:

Here's the actual caption:

Lawyers, from the left, Alan Lash, Justin Fienberg, and Alex Mendez, not lawyer, working on a project at Greenberg Traurig, on 27th floor of 1221 Brickell, went to lunch and found the building out of power.

Check out the suggested alternative captions, and vote for your favorite, after the jump.