* One soldier responded to the Pentagon’s DADT survey by asking “How far are we going to go with this whole gay thing? Am I supposed to celebrate gayness – do they get to wear a rainbow flag on their uniform?” Just the tip, sure, and only if they earn the badge. [Washington Post]

* Interpol has put Julian Assange on its most-wanted list. The Strokes did it better. [CNN]

* A European antitrust investigation of Google shows that size matters. For Bing, there’s ExtenZe. [Los Angeles Times]

* New York judges may be getting their first raises in 12 years. [New York Times]

* Charlie Rangel’s legal team didn’t cover itself in glory. [Associated Press]

* The FCC will take up net neutrality at a December 21 meeting. Anything that might make ATL load slower must be fought with a demented sort of urgency. Everyone, write your congressmen! [Reuters]

* Everyone’s favorite anti-gay crusader, Andrew Shirvell (pictured), has been suspended. [TPM Muckraker]

UPDATE: Shirvell just got fired, according to the Detroit Free Press, “for conduct unbecoming a state employee” (including misuse of state resources).

* Our colleague Bess Levin wants to know: Does Wall Street have a problem with felony charges? [Dealbreaker]

* Professor Ann Althouse wonders why people are talking about marrying tables and clocks. Personally we prefer shoe marriage. [Althouse]

* Professor Tim Wu, something of a cult figure at Columbia Law, is writing a week-long series of posts over at Slate based on his new book, The Master Switch. [Slate]

* Is NYU Law gearing up for Above the Law’s next Law Revue Video Contest? Here’s a musical tribute to the Erie Doctrine. [bl1y]

* What do military leaders think of a possible “don’t ask, don’t tell” repeal? [Metro Weekly]

* Congrats to Seattle attorney Anne Bremner, who appears on this list of 10 famous defense lawyers (despite her own recent brush with the law). [Criminal Justice Degrees]

* Judge Phillips (C.D. Cal.) has suspended enforcement of the military’s “don’t ask, don’t tell” policy. Or: “Virginia Phillips has made her decision; now let her enforce it.” [Metro Weekly]

* A new law review article, by Michael Macchiarola (my fellow Regian) and Arun Abraham, looks at the higher education bubble — and proposes “a derivatives-based approach to stemming the runaway educational costs and improving the value proposition for American students.” Who says derivatives are always evil? [SSRN]

* Jeffrey Toobin interviews Columbia law professor Tim Wu, author of the forthcoming and buzz-generating book The Master Switch, about the tendency of communication industries to move from chaos to consolidation / monopoly. [Currents / New Yorker]

* Ashby Jones interviews Monet Pincus, the South Carolina family law practitioner behind the “we don’t work weekends” website. [WSJ Law Blog]

* The attorneys in a class action against are asking for what amounts to an 895% contingency fee. George Mason law professor Michael Krauss, represented by Ted Frank, is objecting to the proposed settlement. [Center for Class Action Fairness via Overlawyered]

* To any of you with juice on Wikipedia, would you please weigh in against paring down the List of law clerks of the Supreme Court of the United States to just “notable” clerks? It’s a very valuable resource. And every member of The Elect is “notable.” [Wikipedia Talk]

* Apparently more senators need to listen to Lady Gaga — and we’re not talking about her music. The attempt to repeal “don’t ask don’t tell” just failed in the Senate. [Metro Weekly]

* Chanel apparently does not think that imitation is the sincerest form of flattery. [Fashionista]

* Supermodel Stephanie Seymour and billionaire Peter Brant go to court… to reaffirm their marriage, ending some very ugly divorce proceedings. Good luck to the happy couple. [New York Observer]

* Is masturbation against God’s law? Or — more practically speaking, since we know you’re going to do it anyway — how can you tell if you’ve been masturbating too much? [Bloggenheimer]

* “[I]f this were China in Mao Zedong’s reign, Professor Henderson would now be in a re-education camp.” [Law and More]

* It would be really lovely if one of you were to nominate Above the Law for the Blawg 100…. [ABA Journal]

This year has been a big one for LGBT rights litigation. There was Judge Vaughn Walker’s ruling in Perry v. Schwarzenegger, striking down Proposition 8’s ban on gay marriage in California. There were the Massachusetts decisions by Judge Joseph Tauro, holding unconstitutional section 3 of the Defense of Marriage Act (DOMA). And in a decision handed down late tonight, Judge Virginia A. Phillips (C.D. Cal.) ruled that the military’s “don’t ask, don’t tell” policy violates the constitution.

You can read the 86-page ruling here. It has what has to be one of the best case captions in recent memory: Log Cabin Republicans v. United States of America.

Congratulations to the Log Cabin Republicans on their victory. Maybe the resulting goodwill in the gay community will allow you guys to get dates? At least for this weekend.

UPDATE: A gay veteran’s (critical) take on the opinion, plus links to the opinion and additional news coverage, after the jump.

double red triangle arrows Continue reading “‘Don’t Ask, Don’t Tell’ Held Unconstitutional”

The Proposition 8 case — a ruling on the motion to stay judgment pending appeal is expected any minute now — isn’t the only gay-related litigation going on these days.

As reported in the New York Times, lawyers for Lt. Col. Victor Fehrenbach filed a lawsuit yesterday in federal court in Idaho. They’re seeking a temporary order blocking his discharge from the Air Force for violating the military’s ban on homosexuality.

Discharge. Hehe. The NYT article actually contains several fun double entendres.

But there are interesting legal issues here, too….

double red triangle arrows Continue reading “Air Force Colonel Sues To Block His Discharge Under ‘Don’t Ask, Don’t Tell’”

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