Religion

Judge Mark Fuller

* Judge Mark Fuller is back in the news, with Senator Richard Shelby leading a chorus of legislators calling for the judge to resign in light of his domestic violence arrest. [All In with Chris Hayes / MSNBC]

* Further fallout from Hobby Lobby: suborning child labor is free exercise. Hurray! [Time]

* It’s not just that female partners aren’t getting ahead of their male counterparts, they’re falling further behind. Probably not leaning in enough or whatever the latest insulting sound byte is. [The Careerist]

* After learning that Yale is going to start teaching basic financial literacy, more advice on managing student debt is cropping up. [Boston.com]

* A Nevada state judge checks out the other side of the bench, pleading guilty to a federal conspiracy rap. [Las Vegas Sun]

* Well there’s something I hadn’t thought of: classifying spankers as pedophiles for the purpose of custody hearings. [Law and More]

* This is an important life lesson kids: when you’re in a car, don’t light the driver on fire. [KTVB]

* Walking down the (very short) memory lane of Justice Scalia’s liberal moments. [Slate]

* More on Lateral.ly and its effort to replace headhunters. Basically it’s the Tinder of job hunting. [Washington Post]

* Suffolk seems to have given up on advertising to appeal to a false sense of local pride. So now a new law school has taken up that same banner…

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Two hundred years ago yesterday, on September 14, 1814, a Washington, D.C. lawyer penned the words to what would become the United States’ national anthem. Today that man, Francis Scott Key, is better known as a lyricist than a lawyer. But at the time, the judge’s son, born to a wealthy slave-owning family in Maryland, was well respected in Washington’s legal and political circles. This week, On Remand looks back at Francis Scott Key’s legal career and some laws and lawsuits featuring Key’s composition, The Star-Spangled Banner.

By 1814, the thirty-five-year-old Key had already argued several cases in front of the Supreme Court. The most famous case, Mills v. Duryee, was the first time the Supreme Court construed the Constitution’s Full Faith and Credit Clause. Key argued that a judgment from one state, when presented in another state, was merely one piece of evidence to be weighed with all other evidence. Justice Story, delivering the majority opinion, thought little of Key’s argument, writing that it would render the Full Faith and Credit Clause “utterly unimportant and illusory.”

Key’s power of persuasion didn’t lead to victory at the Supreme Court. But, a year later, Key’s advocacy for a prisoner of war brought him near the frontline of the War of 1812. What he watched “o’er the ramparts,” then observed afterwards at “dawn’s early light” from a ship in Baltimore Harbor, became the inspiration for our national anthem….

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I’m proud to be an American. I’m ashamed to be an American. And I’m not sure what it means to be an American.

As you know, I’ve been living in London for the past two years. I’m beginning to feel like a local, but I’m still occasionally jolted by my American roots.

When have I felt proud to be an American in London? The first videotaped beheading of an American journalist by a jihadist with a British accent drew some attention over here. But I was dumbstruck to read this sentence in one of the local newspapers: “Scotland Yard warned the public that viewing, downloading or disseminating the video within the UK might constitute a criminal offence under terrorism legislation.”

Viewing the video might be a criminal offense??? Toto, I’m not in Kansas anymore.

In my mind’s eye, I see scores of college kids at Oxford and Cambridge, six drinks into the evening, saying: “Whoa! That dude got his head cut off?! We gotta Google that!”

And now they’ve committed criminal offenses?

Maybe that’s true over here in England, but I’m pretty sure we’d never stand for that in the United States. It makes me proud to be an American.

(I must say that the news of the second beheading of an American journalist dramatically changed the picture in my mind’s eye. Those college kids have now sobered up, and they’re heading off to enlist.)

So much for pride in being an American. Then that nine-year-old girl blew away her shooting instructor with an Uzi. . . .

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A Sixth Circuit ruling earlier this week is a victory for critics of federal hate crime legislation, as well as the defendants in the case, a group of Amish men and women who forcibly cut the hair and sheared the beards of their Amish victims. The defendants, members of the Bergholz Amish community, admitted to a series of attacks against other Amish with whom the defendants had longstanding feuds. In the Amish community, men wear long beards and women grow long hair as signs of piety and view voluntarily cutting one’s own hair as a sign of contrition. Cutting another person’s hair is a forceful condemnation of the victim. Prosecutors had argued that the defendants assaulted their victims because of their religious identity. The case is the first appellate case involving a religious hate crime brought under The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. The statute prohibits “willfully caus[ing] bodily injury to any person . . . because of the actual or perceived . . . religion . . . of [that] person.”

In one of the instances at issue, Martin and Barbara Miller’s children and their children’s spouses cut Barbara’s hair and sheared Martin’s beard. The children insisted at trial that they attacked their parents to punish them for “bad parenting.” The kids thought Martin and Barbara were cruel, punitive, and spiteful as a father and mother. The kids did not argue that Martin and Barbara’s “bad parenting” justified assaulting them. The kids only argued that they didn’t attack their parents because their parents were Amish, or even because they believed that their parents’ bad parenting was a sign of them being lousy at being Amish. Rather, they attacked their parents because they believed that their parents were lousy at being parents.

Assaulting your parents in a way that is particularly hurtful to their religious values is a good way to make clear that you won’t be attending the next family picnic, but is it a good way to commit a federal hate crime?

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As clear as I can tell, Becker & Poliakoff lawyer and out-homophobe Walter Kubitz, author of the now-infamous “gay plague of AIDS” email, still has a job. I’m not at all sure why. Becker & Poliakoff keeps saying that such divisive views about gays and lesbians do not reflect the firm’s “core values” and will not be tolerated… AND YET the firm clearly values Kubitz enough that he is still being tolerated by the firm.

Is Kubitz just a fantastic attorney that Becker can’t afford to lose? The man has been working for 30 years and still hasn’t made “shareholder” at the firm, so I don’t think he can be SO good that the firm just can’t do without him. What kind of power does this guy have? Jesus, does Kubitz have photos of Becker shareholders getting gay with Santa Claus? Maybe firm management doesn’t understand that pictures of them getting busy with each other at a firm retreat would be CONSIDERABLY LESS DAMAGING to the firm’s reputation than continuing to employ such a proud homophobe.

Becker just put up a statement on their website about the Kubitz situation. The statement doesn’t actually say what Kubitz did, doesn’t contain an apology from Kubitz, and hides behind religious toleration rhetoric when that’s not even the point of what happened here. Let’s give it a close read….

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The last few years have helped me get very used to the passive-aggressive bigotry that homophobes still think they can get away with. “Just believing” that marriage is between a man and a woman conveniently leaves out the stunning antipathy to gay love and civil rights… but it doesn’t sound as “hateful” as it is. And the idea that gay marriage can somehow threaten straight marriages sounds more stupid than bigoted, even though it’s both.

Don’t get me wrong, you don’t have to search very long for harsh anti-gay rhetoric. But in the refreshingly genteel environment of educated society, old-school, anti-gay hate speech comes off as particularly harsh.

Old-school, anti-gay hate speech captured over law firm email is downright surprising given the current environment. But then again, bigoted statements that a senior lawyer sent out to all attorneys at a law firm come back all the way around to “incredibly stupid.”

I guess what I’m trying to say is that this stupid, bigoted, dumbass, hate-filled, verbal feces slathered all over law firm email is… quaint.

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Image via Getty

* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]

* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]

* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]

* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]

* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]

* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]

* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]

When it comes to paying for law school, most of us fill out paperwork to secure shiny loans that haunt us for years to come. But there are a few students who think outside the box. Law school tuition Kickstarter campaigns crop up from time to time. There was also a website set up to sell future income streams in exchange for debt payments. Generally, these efforts to outsource student debt are the work of narcissists unwilling to take personal responsibility and pay for their life decisions.

And then we see something like this:

God asked me to go to Law School for the good of the Kingdom of God. Help me raise $28,500 by 5/1/15!

Well, that’s a horse of another color! It’s not that you want a law degree without having to suffer the consequences of your actions, it’s that God wants it. Nothing reflects the model of Jesus Christ more than getting what you want without suffering at all.

Let’s check out this plea for a free law school education — complete with its own movie trailer!

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J.D. = Just Debt

* Per the latest Gallup study, Republican approval of SCOTUS is up, while Democratic approval is down. Gee, considering how the biggest cases of OT 2013 went down, no one should be terribly surprised by this news. [New York Times]

* Will our leader make the grade? Law profs wrote a strongly worded letter to President Obama, asking that he not include a religious exemption in his executive order prohibiting anti-gay bias in federal contractor hiring. [National Law Journal]

* Hey guys, there’s a new report out that contains some pretty shocking information about the realities of life after law school. Seriously, who knew that would-be lawyers were poor? Oh wait, we did. [CNN Money]

* Washington & Lee recently surrendered its Confederate flags to appease its black student population. Here’s an interview with Brandon Hicks, the law student behind the historic movement. [Huffington Post]

* “Fret for your latte, and fret for your lawsuit.” Tool hasn’t put out a new album in in almost a decade, and it’s all because of one pesky little lawsuit filed way back in 2007 that just won’t go away. [Rolling Stone]

* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]

* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]

* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]

* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]

* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]

* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]

* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]

* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]

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