Contraception Controversy

* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

Judge Richard Posner

From the Above the Law mailbag: “Is ATL ever going to call out Judge Posner for being so needlessly nasty to litigants?”

Ummm, no. I’m a big fan of Judge Richard Posner, who is brilliant and hilarious. (Yes, hilarious — if you doubt that, check out the awesome podcast that he and I did together, which you can download and listen to during your commute or at the gym.)

But in the interest of fairness, I will make this reader’s case. This correspondent cited the recent oral argument in Notre Dame v. Sebelius, which we alluded to yesterday, in which Judge Posner dispensed some benchslaps to Matthew Kairis, head of litigation in the Columbus office of Jones Day. The reader also mentioned the argument on remand in the Conrad Black case, alleging that Posner “was particularly nasty to Miguel Estrada, seemingly piqued that Estrada got him reversed by SCOTUS.”

Let’s focus on the Notre Dame v. Sebelius argument, since it just happened. How bad was it?

double red triangle arrows Continue reading “The Benchslap Dispatches: I Pity The Fool Who Tries To Talk Over Judge Posner”

* Bankruptcy blues: “No one is getting a free pass.” Howrey going to start clawing back all of that money from our former partners and their new firms? Dewey even want to get started with this failed firm’s D&L defectors? [Am Law Daily (sub. req.)]

* Way to show that you’ve got some Seoul: Ropes & Gray, Sheppard Mullin, and Clifford Chance were the first Biglaw firms to receive approval from the Korean Ministry of Justice to open the first foreign firm offices in South Korea. [Legal Week]

* This is supposed to represent an improvement? Pretty disappointing. The percentage of women holding state court judgeships increased by a whopping 0.7 percent over last year’s numbers. [National Law Journal]

* Throw your birth control pills in the air like confetti, because a judge tossed a lawsuit filed by seven states that tried to block the Affordable Care Act’s mandatory contraception coverage provision. [Lincoln Journal Star]

* “[S]omewhere along the way the guy forgot to tell the seller that he was working with the buyer.” Duane Morris was sued for negligence and breach of fiduciary duty for more than $192M. [Thomson Reuters News & Insight]

* Please don’t Google me, bitches. Brandon Hamilton, Louisville Law’s ex-assistant dean for admissions, resigned Monday after overpromising $2.4M in scholarship money to incoming law students. [Courier-Journal]

* A New Hampshire college is offering free tuition to students in their junior year if they combine their senior year with their first year at the Massachusetts School of Law. The catch? Mass Law is unaccredited. [NHPR]


Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.

Georgetown Law graduate Sandra Fluke, in a New York Times Magazine interview this weekend. Fluke was launched into the national spotlight after Rush Limbaugh called her a “slut” for speaking out in favor of affordable contraception.

(An additional excerpt from the interview, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Do You Really Want To Slide Down That Slope?”

* Apparently the Roberts Court is unusual in that its elite members lacked opportunities to gain “the most critical judicial virtue: practical wisdom.” Yeah, right. Tell that one to the Wise Latina. [Washington Post]

* In the wake of the contraception controversy, Rush Limbaugh apologized for calling Georgetown 3L Sandra Fluke a “slut.” He’s so very, very sorry… that he lost some of his advertisers. [The Caucus / New York Times]

* The powers that be in Massachusetts have decided to show law bloggers a little bit of respect. Now they’ll get to cover judicial proceedings like real, live journalists — press passes and all. [Metro Desk / Boston Globe]

* Pornography: now with ten percent fewer HIV infections! A Los Angeles city ordinance requiring porn actors to wear condoms during filming will be taking effect today. [L.A. Now / Los Angeles Times]

* After allegedly making two other incidents disappear from her record, former Bronx ADA Jennifer Troiano pleaded guilty to drunk driving last week. It looks like the third time really is the charm. [New York Daily News]

* New York newlyweds allege that Glamour Me Studio Photoshopped their heads onto naked bodies. Groomzilla Todd Remis must be glad that his wedding photography woes weren’t so graphic. [New York Post]