Death Penalty

  • Alecia and Andrew Schmuhl

    Morning Docket

    Morning Docket: 05.14.15

    * Andrew and Alecia Schmuhl, the husband-and-wife lawyer duo accused of treating a law firm managing partner and his wife to a “torture session,” had a hearing this week where it was revealed that Andrew allegedly slit the managing partner’s throat. [Washington Post]

    * ‘We’re asking you to choose life. Yes, even for the Boston Marathon bomber.” Jurors began deliberating in the death penalty phase of Dzhokhar Tsarnaev’s trial late yesterday afternoon. It’s worth noting that the last time someone was executed in Massachusetts was 70 years ago. [Boston Globe]

    * “Explaining these persistent gender disparities in income … has proven to be much more difficult than simply identifying them.” Per a study conducted by Harvard Law, the wage gap for women in the law has been growing since 1975. [Big Law Business / Bloomberg]

    * The deadly Amtrak derailment hit too close to home for attorneys in the Northeast who travel frequently on the Acela line. In fact, some of our best tips have come from Acela trips. Our thoughts are with those who were affected by the crash. [National Law Journal]

    * A sexy little spat: Dov Charney, the ex-CEO of American Apparel, filed a $20M defamation suit against the company, claiming that despite what employees were told, he never agreed that he’d stay away from American Apparel for good. [Los Angeles Times]

    7 Comments / / May 14, 2015 at 9:00 AM
  • Aww, the ABA wants you back, LSAT.

    Morning Docket

    Morning Docket: 05.05.15

    * Ever argued about weed before SCOTUS? Ever argued about weed before SCOTUS… while high? The Supreme Court asked Solicitor General Donald Verrilli Jr. to weigh in on the marijuana border wars suit filed by Oklahoma and Nebraska against Colorado. [Denver Post]

    * Well, that was quick! After enacting this rule just last year, the ABA now wants to put a stop to law schools using an exception that would allow up to 10 percent of their entering classes to consist of students admitted without having taken the LSAT. [ABA Journal]

    * Landon Thomas, a 2014 NYU Law graduate, has been missing for more than a week. He was last seen in Harlem on April 27. His friends and family have set up a Facebook page to aid in the search. If you have any information, please call the police. [DNAinfo]

    * Corinthian Colleges, a higher education system that ran an employment falsification scam that was eerily similar to what law schools were once doing, has gone belly up, and Biglaw firms are swooping in like vultures to get in on the action. [Am Law Daily]

    * After being convicted on 30 federal charges last month, Boston Marathon bomber Dzhokhar Tsarnaev showed some emotion for the first time during the penalty phase of his trial, where he was seen wiping a tear while his aunt sobbed on the stand. [TIME]

    22 Comments / / May 5, 2015 at 8:56 AM
  • SCOTUS 2

    Death Penalty, SCOTUS, Supreme Court

    The Latest Lethal-Injection Challenge May Depend On The Answer To One Question — And It’s Not What You Think

    Does a person sentenced to death have the right to be unconscious at the time of his death? No, argues columnist Tamara Tabo.

    26 Comments / / May 1, 2015 at 6:07 PM
  • syringe lethal injection death penalty Above the Law legal tabloid

    Death Penalty

    Is It Time To Abolish The Death Penalty?

    Watch tonight’s Intelligence Squared debate live!

    20 Comments / / Apr 15, 2015 at 5:27 PM
  • Non-Sequiturs

    Non-Sequiturs: 04.13.15

    * Attorney General Holder reminds the DOJ not to hire hookers. [Politico]

    * A new demographic angry over gay marriage: gay men who want to protect their sham marriages. Didn’t expect this to be a fight. [Slate]

    * Once you’ve finished binge-watching on Netflix, we ask: is Matt Murdock an ethical lawyer? [Radford & Keebaugh]

    * Patent attorney David Healey at Fish and Richardson is coming out. Here’s the trailer. [YouTube]

    * Richard Hsu talks about jumping off of perfectly good cliffs with Shane Glynn, Product Counsel at Google. [Hsu Untied]

    * Garry Trudeau explains that just because we can say something doesn’t mean we should. Ken questions this logic. In the end though, he proves too much: there are so many powerful, biting criticisms to make that we shouldn’t have to resort to dumb caricatures. [Popehat]

    * Intelligence Squared is hosting a debate on the death penalty. Watch it online Wednesday at 6:45 p.m. Eastern. []

    * Is it just me, or does her account actually sound awfully suspicious? [Gawker]

    9 Comments / / Apr 13, 2015 at 5:04 PM
  • firing squad guns shooting death penalty capital punishment

    Death Penalty, Politics

    Is Death By Firing Squad ‘Cruel And Unusual’? Try Asking Someone Who’s Been Given The Choice

    After looking at the death penalty through the eyes of those facing it, alternatives to lethal injection, even the firing squad, might not look quite so objectionable.

    50 Comments / / Mar 27, 2015 at 6:24 PM
  • Capiital Punishment

    Death Penalty

    Do We Execute People With Missing Brains Now?​

    What’s the point of having an 8th Amendment anymore?

    1 Comment / / Mar 16, 2015 at 4:50 PM
  • Jodi Arias


    Non-Sequiturs: 03.05.15

    * Jury can’t agree to put Jodi Arias to death, guaranteeing Morning Docket/Non-Sequiturs fodder for the next 25 to life. [HLN TV]

    * The best students in the country are looking at law school… and passing. Get ready for the “now’s the best time to go to law school” articles! [Associate’s Mind]

    * It’s time you lawyers do something good for the world. Here’s an easy proposal for how you can help someone today. [What About Clients?]

    * A San Diego law student is suing the school, alleging that the university tried to discourage her from reporting that she’d been raped. [NBC San Diego]

    * Dean Richard Gershon is stepping down from his post at Ole Miss Law. Professor Deborah Bell will serve as interim dean. [Hotty Toddy]

    * Paul Hastings Chair Seth Zachary discusses the future of Biglaw. He “predicts extreme change along the lines of the Soviet political movement, Perestroika.” Wake us when Peter Kalis is climbing on a tank. [Bloomberg BNA — Big Law Business]

    8 Comments / / Mar 5, 2015 at 4:56 PM
  • Judge Edith Jones

  • Screen Shot 2015-02-16 at 1.31.17 PM


    Non-Sequiturs: 02.16.15

    * The mystery of Kevin Durant’s “law degree” is solved. It’s some kind of Sprint promotion. Ho hum. [You Tube]

    * Not to be one-upped by the shenanigans that go on in New Orleans, a Baton Rouge attorney was arrested for allegedly stealing “‘several items’ — including a four-wheeler and a tractor” from an elderly client. [The Advocate]

    * Religious conversion efforts are getting a little out of hand in Idaho. [Legal Juice]

    * The Rutgers “merger” is old news, but one professor explains how the whole proposition is just a case of the central university “pulling a fast one.” [TaxProf Blog]

    * Miami attorney Irwin Block, whose pro bono death row advocacy efforts inspired a Pulitzer Prize-winning report, has died at age 87. [Miami Herald]

    3 Comments / / Feb 16, 2015 at 4:57 PM
  • Deflate-Gate. NFL football deflated on the field

    Morning Docket

    Morning Docket: 01.26.15

    * Senate Republicans are contemplating abolishing filibusters for SCOTUS nominees. This could go one of two ways: it could work out nicely for them, or explode in their faces. It’s like a choose your own adventure game. [POLITICO]

    * When it comes to the upcoming gay marriage cases before SCOTUS, “[e]very lawyer involved will want to argue.” Remember, when you’re given the chance to make history, you better hope that you’re on the right side of it. [National Law Journal]

    * “[I]f there is one decision I would overrule, it is Citizens United.” Even RBG thinks this campaign finance decision is one of the Supreme Court’s “darkest hour[s].” [Salon]

    * SCOTUS refused to stay Charles Warner’s execution, but it agreed to grant cert on his lethal injection case days after his death. Better late than never? [New York Times]

    * The NFL has drafted Ted Wells of Paul Weiss to blow up the absurd controversy that is “Deflategate.” Come on, who cares if the Patriots cheated again? [WSJ Law Blog]

    * Do you know any chronic Biglaw firm-hoppers? How many firms are too many to lateral to? Three? Five? Seven? Jesus Christ, for this guy, try 10 firms. [Am Law Daily]

    27 Comments / / Jan 26, 2015 at 9:09 AM
  • United States Capital

    Morning Docket

    Morning Docket: 01.21.15

    * Nothing is f*cked here, Judge: With first-class flights, alcoholic beverages, and hotel movies already nixed, lawyers who worked on the City of Detroit’s municipal bankruptcy case are now being forced to defend their multi-million dollar billables. [WSJ Law Blog]

    * “It’s important to have different perspectives in Congress. It really adds a lot to the mix.” That said, which law schools are the best at producing lawmakers? You may be surprised by some of the schools that made the list. [National Law Journal]

    * “Going to law school is still a great option,” says the dean of the University of Arizona James E. Rogers College of Law, a school whose 25th percentile LSAT scores dropped by six points year over year. Toss UA Law a pity application. [Daily Wildcat]

    * Per the defense in the Aurora movie theater massacre case, the prosecutor’s “insistence upon the death penalty certainly seems politically motivated” — that, or maybe James Holmes deserves the death penalty for killing 12 people. [ABA Journal]

    * By now, everyone’s heard of the woman who’s planning to “marry” her biological father and move to New Jersey. Believe it or not, incestual adult relationships are actually legal in the Garden State thanks to a legislative screw-up. [NJ Advance Media]

    17 Comments / / Jan 21, 2015 at 9:05 AM
  • David Schwimmer

    Morning Docket

    Morning Docket: 12.22.14

    * Florida Judge Cynthia Imperato was “devastated” after a jury found her guilty of DUI and reckless driving charges, but we imagine the judge may be more devastated by the fact that she’s a sitting judge who’s been sentenced to 20 days of house arrest. [Florida Sun Sentinel]

    * David Schwimmer, best known for his role as Ross on Friends, has been cast as lawyer Robert Kardashian in an O.J. Simpson true crime television miniseries. He surely knows it’ll take a lot of “unagi” to play the role just right. [Rolling Stone]

    * If you have to debt finance your J.D., you’re going to in for a rude awakening when you graduate and the loans start coming due. FYI, “lot[s] of graduates [are] buried in private student loan debt with not enough income to repay it.” [Forbes]

    * The parents of James Holmes, who’s better known as the alleged shooter in the Aurora movie theater massacre, have begged for him to be spared the death penalty ahead of his trial, but prosecutors say that in this case, “justice is death.” [Denver Post]

    * When it comes to Russia, “[a] lot of firms are thinking about pulling out.” That’s what she would’ve said if she were a managing partner. Biglaw firms that have been rocked by the ruble’s ruin are telling lawyers to leave before they’re laid off. [Am Law Daily]

    * Binder & Binder, the National Social Security Disability Advocates® whose late-night TV commercials you’ve grown to love, has filed for bankruptcy. The firm’s headcount will likely drop by more than half because of this. Yikes! [WSJ Law Blog]

    27 Comments / / Dec 22, 2014 at 9:11 AM
  • lightsaber


    Non-Sequiturs: 12.18.14

    * 3D printing and lightsabers and intellectual property. [Concurring Opinions]

    * Speaking of IP law, let’s talk Santa Claus and intellectual property. [Trademark & Copyright Law Blog / Foley Hoag LLP]

    * “ExamExtensionGate” stirs up conservatives, but also a lot of liberal to moderate Boomers, because… “Lazy Millennials!” Forgetting of course that law students in the 1960s did the exact same thing. But those were mostly white kids talking about Vietnam, so it’s like… different, man. [PrawfsBlawg]

    * If you’re excited to hear this year’s annual report on the federal judiciary and can’t hardly wait until Chief Justice Roberts unleashes it upon the world, perhaps you can sate your appetite with this prebuttal. [Fix the Court]

    * The Texas judge who kicked a lawyer out of court for thoughtlessly appearing with a broken leg has earned the ire of the Dallas legal community. [Legal Juice]

    * More than 70 years later, a judge concludes that South Carolina shouldn’t have executed a 14-year-old based on a one-day trial. Took ya long enough. [WTOP]

    * Interesting academic piece on Muslims in the Antebellum South. In other news, there were Muslims in the Antebellum South. [The Faculty Lounge]

    5 Comments / / Dec 18, 2014 at 5:40 PM
  • lethal injection

    Death Penalty, Deaths, Health Care / Medicine, Politics, Suicide

    If Oregon Can Give Death With Dignity, Why Can’t Death Row?

    The idealized version of euthanasia is comforting, but it might not measure up to reality.

    50 Comments / / Nov 24, 2014 at 3:59 PM
  • internet address

    American Bar Association / ABA, Death Penalty, Law Schools, Non-Sequiturs

    Non-Sequiturs: 11.10.14

    * Huge Net Neutrality development: President Obama believes the FCC should reclassify the Internet as a utility. Will his three appointees listen to him? [Vox]

    * Rick Springfield’s butt faces retrial. [Lowering the Bar]

    * The ABA Section of Legal Education and Admission to the Bar is recommending the sale of Charleston Law School to InfiLaw. Well, now we should feel secure in knowing this is a great plan. [TaxProf Blog]

    * An interview with famed mob lawyer turned mayor, Oscar Goodman. [Coverage Opinions]

    * In Alabama, if a jury misbehaves and doesn’t sentence a murderer to the death penalty, the judge has full power to overrule them. Delightful. [The New Yorker]

    * A white former prosecutor has to work really, really hard to get himself arrested, along the way exposing just how racially stilted the criminal justice system is. [The Atlantic]

    10 Comments / / Nov 10, 2014 at 5:01 PM
  • Jodi Arias

    Barack Obama, Biglaw, Death Penalty, Gay Marriage, Law Schools, Morning Docket, Real Estate, SCOTUS, Sentencing Law, Supreme Court, Trials

    Morning Docket: 10.21.14

    * When asked what his favorite SCOTUS decision was during his POTUS tenure, Obama said it was the high court’s cert denials on the gay marriage cases. Well played, sir. [Wall Street Journal]

    * “Leverage has started to shift away from law firms.” Despite the fact that their headcounts are rising, Biglaw firms are downsizing office space as rents keep climbing higher. [Am Law Daily]

    * Schools are trying to slap lipstick on the pig that legal education has become amid an “anemic job market.” We bet your law school has some shiny new innovations too. [News Observer]

    * Citing the fact that “the courts do not exist to win popularity contests,” a judge sentenced Oscar Pistorius to five years in prison. Serious question: Will he be allowed to bring his prosthetic legs? [New York Times]

    * Nancy Grace and her friends have pitchforks at the ready because Jodi Arias’s penalty phase retrial begins today, and another jury will decide if she deserves to die for murdering her boyfriend. [Reuters]

    28 Comments / / Oct 21, 2014 at 8:53 AM
  • Joe Freeman Britt won't forgive murder. Or, apparently, people who DON'T commit murder.

    Antonin Scalia, Crime, Death Penalty, Quote of the Day

    Discredited Death Penalty Prosecutor Doubles Down, Hurls Insults At Successor

    Joe Freeman Britt won’t forgive murder. Or, apparently, people who DON’T commit murder.

    9 Comments / / Sep 8, 2014 at 2:40 PM