California Supreme Court

Not what the image of lawyers that the California Supreme Court wants to support.

A former journalist turned law school graduate went to the state of California and asked to be admitted to the practice of law.

California said no.

The problem was his practice of “making up stories” for a few years while working at The New Republic.

A well-documented history of lying is not a great testament to the moral fitness of a prospective lawyer, but does this particular transgression really justify denying Stephen Glass’s application?

double red triangle arrows Continue reading “Stephen Glass Isn’t A Lawyer Just Because Of The Whole ‘Serial Lying’ Thing”

On many occasions here, we have covered the notion that it seems almost anyone will be allowed, nay, encouraged to practice law in the United States. But it turns out that assumption isn’t entirely correct. For the time being, the bar appears to still be closed to at least one specific group: undocumented immigrants.

That might seem obvious, right? Well, what about an immigrant who was brought here illegally but has been waiting in line for citizenship for almost two decades? Sorry, if the DOJ has its way, no dice…

double red triangle arrows Continue reading “Can Illegal Aliens Be Lawyers in America? NOPE”

Sergio C. Garcia

While a license to practice law is necessary to obtain employment as an attorney, having a law license does not mean that the holder may be employed.

– attorneys for the State Bar of California in a written brief to the California Supreme Court, commenting on the case of Sergio C. Garcia, an undocumented immigrant who passed the state bar examination, but has since been denied a license to practice law.

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

double red triangle arrows Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”

Paul Clement

* If defending unpopular clients is cool, consider Paul Clement Miles Davis. He’s the lead lawyer in three politically charged cases going up before SCOTUS in the new year. [LA Times]

* Joe Arpaio’s going to have a tough time racially profiling Hispanics in 2012. What’s a man to do without verification powers and the ability to detain people on suspicion alone? [WaPo]

* A summary of the NLJ’s 2011 year in review round-up: all of this was a preview of what’s to come in 2012. And what’s to come? Same sh*t, different docket number. [National Law Journal]

* C&F fail: the California Supreme Court is busy worrying about Stephen Glass, a guy who took his “creative writing” efforts a bit too far. [San Francisco Chronicle]

* The Hollywood actress suing IMDb for revealing her age has to reveal much more thanks to this ruling. She’s got two weeks to amend her complaint to include her name. [The Wrap]

* “Oh my God, the law school has gone crazy.” Don’t blame the messenger, but UVA Law’s headlines on ATL are totally self-inflicted. Here’s Elie’s take on the collar-poppin’ action. [C-VILLE]

* Larry Ribstein, partnership law guru, business law blogger, and Associate Dean for Research at the University of Illinois College Law, RIP. [Truth on the Market]

* Robert Morvillo, New York trial lawyer and white-collar defense pioneer, RIP. [WSJ Law Blog]

* John Lawrence, plaintiff in the landmark LGBT rights case of Lawrence v. Texas, RIP. [NY Times]

Accepted in Utah.

* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]

* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]

* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]

* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]

* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]

Grandpa's idea of fun.

* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]

* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]

* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]

Say hello to Justice Liu.

Congratulations to Goodwin Liu — until today Professor Liu, but after today, Justice Liu.

In July, California Governor Jerry Brown nominated the 40-year-old Liu, a law professor at Boalt Hall, to serve on the California Supreme Court. The nomination was subject to the approval of a three-member state commission.

What did the commission have to say about the Liu nomination?

double red triangle arrows Continue reading “Congratulations to Justice Goodwin Liu!”

We recently imagined a scenario in which Professor Goodwin Liu, the controversial Boalt Hall law prof whose Ninth Circuit nomination was successfully filibustered, became Justice Goodwin Liu. It now looks like this might happen earlier than we had expected.

But he would be a justice on a non-SCOTUS court (for now). California Governor Jerry Brown just nominated Professor Liu, 40, to serve on the California Supreme Court.

How might Goodwin Liu’s nomination be received by the people of California? He’s smart, he’s liberal — er, progressive — but there’s one potential rub….

double red triangle arrows Continue reading “A Conservative’s Worst Nightmare: Justice Goodwin Liu?”

Chief Justice Tani Cantil-Sakauye

* It’s official: John Edwards has been indicted. Which leading law firm is he turning to for help? [Am Law Daily]

* Paul Clement v. Ted Olson: Professor Matt Bodie’s firsthand account of the Eighth Circuit oral argument in the NFL lockout case. [PrawfsBlawg]

* In fairness to Assemblyman Charles Calderon, Chief Justice Tani Cantil-Sakauye is quite attractive (and Filipino-American — w00t!). [ABA Journal]

* Weinergate teaches a familiar lesson: “Information which we share about ourselves online should never be considered private. Always make the assumption that anything that makes its way to the Net could someday be found.” [An Associate's Mind]

* Speaking of wieners, here’s a legal question you’ve always wondered about: “Can a gay softball organization restrict the participation of heterosexual softballers?” [Gawker; WSJ Law Blog]

* Speaking of LGBT issues, spouting memorable quotes from Mommie Dearest won’t get you kicked out of the military, but some things still will. [Poliglot / Metro Weekly]

* If you’re a legal professional interested in social networking, you’re encouraged to take this survey. [Law 2.0]