Death Penalty

* Donald Sterling may be banned from the NBA, but the recording that placed him on the outside looking in was captured illegally per California law. [The Legal Blitz] * If the NBA owners agree — as expected — to force Sterling to sell the Clippers, it could cost his heirs over $100 million. Let’s feel sorry that megamillionaires might be slightly less megamillionaires. [Slate] * The inimitable Charles P. Pierce with more on the horrifically botched execution in Oklahoma last night. Overlooked in the horror was the constitutional crisis that preceded it — where the very authority of the state supreme court was called into question. [Esquire] * After getting his client acquitted of molesting a child while drunk, a lawyer managed to get arrested for DWI, hours after the verdict. Amazing. [St. Louis Post-Dispatch] * The conservative argument for copyright reform. Seriously, at this point there’s no political philosophy in favor of lengthy copyright terms, so why can’t we change this? Oh, right. Media companies have tons and tons of money. [R Street] * UVA Law funds the first jobs of a bunch of its grads. David Lat weighs in. [C-Ville] * This story could just as easily be entitled “I’m a young Biglaw associate who lives in Williamsburg.” [McSweeneys]

* For the third year in a row, Skadden has topped the list of the Biglaw firms GCs love to pay, the firms with the best brands. Kirkland & Ellis and Latham & Watkins rounded out the top three. Congratulations! [PRWeb]

* A federal judge struck down Wisconsin’s voter identification law yesterday, noting that it “only tenuously serve[d] the state’s interest in preventing voter fraud.” Ouch. Sorry about that, Scott Walker. [Bloomberg]

* Hot on the heels of the release of the second annual ATL Law School Rankings, we’ve got a list of the law schools where graduates reportedly have the least amount of debt. We’ll have more on this news later today. [The Short List / U.S. News & World Report]

* It was kind of like the night of the living dead in Oklahoma last night, where an execution was botched so badly the defendant attempted to rise up off the table. That must have been horrific. [New York Times]

* Here’s an eligible bachelor alert: After being suspended from practice for six months for filming “upskirt” videos of women in public, this in-house lawyer has been reinstated. [Legal Intelligencer (reg. req.)]

* Poor Justice Lori Douglas. Not only are her kinky S&M pictures floating around somewhere online, but the man who took them — her husband, Jack King — just died. RIP, good sir. [CTV Winnipeg News]

* NBA Commissioner Adam Silver, a former Cravath lawyer, fouled L.A. Clippers owner Donald Sterling out of the league, but people are questioning whether his punishment was legal. [WSJ Law Blog (sub. req.)]

* Duck Season! Rabbit Season! Duck Season! Human Season! $275,000 lawsuit filed after duck attack. [KATU]

* Following Moody’s downgrade of Vermont Law School, three other law schools see their credit join the ranks of junk bonds. [Tax Prof Blog]

* Lobbying firms are making money again. Well, except for down-on-their- luck merger candidate Patton Boggs. [Washington Post]

* Prosecution called off after the police lost the 100 Oxycodone pills in evidence. Sure. “Lost.” [The Journal News]

* Much like the Raiderettes before them, a group of former Buffalo Bills cheerleaders are suing over their pay. Thankfully Donald Trump is threatening to buy the team, so this suit isn’t the worst thing happening to the Bills right now. [WHEC]

* A sad account of how an alcoholic lawyer drank vodka by the quart while botching a death penalty trial. [Mother Jones]

Who killed Debo Adegbile's nomination to head the Justice Department's Civil Rights Division? Democrats -- and they were right to do so.

* Randy Levine, president of the New York Yankees, has left Akin Gump’s dugout. He hopes to hit it out of the park and slide into his new home at Jackson Lewis. Please, no more baseball references. :( [Am Law Daily] * Thanks to Virginia, the electric chair may be making a comeback when drugs for lethal injection aren’t available. OMG, that’s so freakin’ lame. Bring back the breaking wheel or death by disembowelment. [Gawker] * A lawyer won’t have to pay an ex-law student $1M after making a hyperbolic challenge in a TV interview. Better luck reading the Leonard v. Pepsico case next time, pal. [Volokh Conspiracy / Washington Post] * Protip: when you’ve been suspended for your “contemptuous attitude,” bragging that one of the judges who disciplined you thinks you’re “probably the best DUI lawyer” isn’t smart. [Santa Barbara Independent] * If you watch The Walking Dead, you’ve probably wondered if all of the killing was legal — because you’re a lawyer, and you can’t enjoy anything anymore. Here’s your answer, from a UC Hastings Law prof. [GQ] * If you’d like your chickens to live a life of luxury before you eat them and their eggs, then you’re going to love this law in California. If not, you can move to Missouri. See Elie squawk about it here. [ATL Redline] * Ian Whittle, a recent George Mason Law grad, took a break from watching the saddest Super Bowl ever to save a little girl from drowning in a pond. Check out the news coverage, after the jump. [CBS 6 WTVR]

Which state has been executing prisoners before courts have finished reviewing their appeals?

* Attorney General Eric Holder has until tomorrow to decide whether the government will seek the death penalty in the case against Dzhokhar Tsaernaev. Screw his fan clubs, he deserves it. [Associated Press]

* “Those who know me know I don’t like to lose.” Good thing he didn’t. Leo Strine was unanimously confirmed as Chief Justice of Delaware’s Supreme Court. We can’t wait to see what he’ll bring to his new bench. [Reuters]

* “[N]ominal relief does not necessarily a nominal victory make.” Any day that a lawyer can secure a $1 award for his client and a $34,772 award of fees for himself is a very successful day as a lawyer. [New York Law Journal]

* The mayor of Hoboken, New Jersey, was sued, and she’s blaming Chris Christie and his allies for the whole thing. When the governor found out, he had just finished bringing about world peace. [Star-Ledger]

* Kansas Law will offer in-state tuition to people near Kansas City, Missouri. It must be hurting to fill its seats to make such an offer just because the city name has Kansas in it. [Kansas City Business Journal]

* George Zimmerman’s estranged wife, Shellie, is well on her way to getting a default judgment of divorce. She may be down one dog in her life, but she still wants custody of their two pets. [Orlando Sentinel]

* Allegations that a prison told a death row inmate to “put on a show” while getting a lethal injection. Just when you thought the death penalty couldn't manifest itself as more cruel and unusual... [NBC News] * A discussion of how early voting is bad. Apparently, after an electoral dialogue that usually lasts a year or more, we’re all lemmings swayed by the events of the last day of campaigning so there’s no justification for allowing voters to show up three days before the finish line. [Volokh Conspiracy / Washington Post] * Kentucky legend Richie Farmer’s basketball jersey may be retired, but the Bureau of Prisons decided to give Farmer, now a political figure heading to prison for abusing his office, his old number back as an inmate number. Thanks? [Legal Juice] * In last night’s State of the Union address, President Obama came out strong for patent law reform. Exactly the issue he needed to rally voters for the midterms! [Patently-O] * And while it didn’t make the address itself, Attorney General Eric Holder is signaling a new administrative interest in reforming the out of whack sentencing laws. [Sentencing Law and Policy] * On February 12, our own David Lat will be speaking at Georgetown at an ABA Journal sponsored talk on “#21stCenturyLaw.” Let’s see that hash tag start trending. [ABA Journal] * Joshua Gilliland of The Legal Geeks reacts to the revelation that the new costuming for next season’s Doctor Who will ditch Gilliland’s beloved bow tie. Our hearts go out to you in your pain. Video embedded below… [The Legal Geeks]

* At MSU Law, a couple of law professors are getting serious about figuring out how to leverage technology in the profession. They envision making legal hiring into “Moneyball” with MSU Law representing Oakland. So they plan to raise false hopes and ultimately fail too? [Lansing State Journal] * A real estate attorney is hosting a boot camp to train slumlords. Yay? [SF Gate] * If you never thought electing state judges was a matter of life and death, read this. [Huffington Post] * Here’s a fun one: Should TheDirty.com be liable for encouraging readers to submit gossip? Our old friend Sarah Jones hopes so. [Forbes] * The Steubenville rape case is back in the news after a grand jury has indicted four school officials for covering up the school’s infamous rape. [Jezebel] * A couple of former Harvard Law roommates have a fashion startup called ShopRagHouse that allows customers to design their own clothes. They’re seeking some additional funding for their next collection with a Kickstarter campaign now. [Kickstarter] * If you’re in New York and interested about legal careers in banking, swing by the Fordham Law amphitheater tonight from 6 to 8 for a free panel discussion featuring representatives from some of the largest banks in the world hosted by the Chinese Business Lawyers Association. [Eventbrite]

* If you thought the Redskins were offensive, I bring you the Coachella Valley High Arabs. Complete with video of their mascot! [Yahoo! Sports] * With states increasingly losing access to tried and true execution drugs, the wardens are now experimenting on their own. This sounds (a) incredibly cruel and unusual, and (b) likely to result in creating a supervillian. [Vocativ] * Texas Attorney General Greg Abbott fought hard for a voter ID law. And on Tuesday, he failed to meet the standards of the law he championed. Derp. [Opposing Views] * We frequently link to the fun poetic stylings of Poetic Justice. Now you can enter a contest to win a free copy of the book! [Poetic Justice] * In a horrific turn, a father called the cops to teach his son a lesson. Then the cops killed the son. [Gawker] * Fear Roatti the White Tiger, Esq. Fear him mightily. [Deadspin] * This is perhaps the weirdest law firm video ever. Video embedded after the jump… [Legal Cheek]

* President Obama defends Obamacare (aka the Affordable Care Act), saying that the dysfunctional HealthCare.gov website will get fixed. [Washington Post]

* “Calling All Unemployed Law Grads: Greenberg Traurig Is Hiring.” But there’s a catch. We’ll have more on this later today. [Am Law Daily (sub. req.)]

* The Supreme Court agrees to hear a case regarding how to determine mental disability in death-penalty cases. [National Law Journal]

* If you’re thinking of selling legal services over Groupon, proceed with care. [ABA via WSJ Law Blog]

* Want to get out of jury duty? Try flipping the bird at the defendant. [ABA Journal]

* Chris Geidner takes a closer look at Chris Christie’s decision not to keep fighting marriage equality in New Jersey. Is it all about 2016? [BuzzFeed]

* More details on the circumstances surrounding a Reed Smith partner’s profane and ill-advised tweet. Expect Steven Regan to be sent back to “Tweet School.” [Am Law Daily (sub. req.)]

How will the death penalty come to an end in the United States? Alan Dershowitz makes a prediction.

* When it comes to the U.S. Congress — especially the current one, said to be the least productive and least popular in history — and federal lawmaking, “action isn’t the same as accomplishment.” [Boston Globe]

* The Department of Justice won’t seek the death penalty against Edward Snowden, but only because the crime he’s charged with doesn’t carry that kind of punishment as an option. But oh, Eric Holder can wish. [CNN]

* Sorry to burst your bubble, but Biglaw as we know it is on a respirator, so be prepared to recite its last rites. The New Republic’s Noam Scheiber responds to the critics of last week’s hard-hitting piece. [New Republic]

* The grass isn’t greener on the other side right now. Revenue per lawyer rose at Biglaw firms in 2012 (up 8.5 percent), but small firms struggled (with RPL down 8.1 percent). Ouch. [National Law Journal]

* Let me Google that for you: Hot new technology startups have been looking to lawyers who hail from the innovative internet company’s ranks when staffing their own legal departments. [The Recorder]

* If you’re wondering why more financial crimes haven’t been prosecuted since the Wall Street meltdown of 2008, it’s probably because they’re too just difficult for most juries to understand. Comforting. [NPR]

* In a recent interview having to do with all of the problems that law schools are currently facing, from shrinkage to joblessness, Professor Paul Campos sat down to politely say, “Told ya so.” [Denver Post]

* The cop who became a global internet meme for pepper spraying protesters at Berkeley is now appealing for worker’s comp, arguing that he suffered psychiatric injury. Pray for him. [Lawyers, Guns & Money] * Ariel Castro has pleaded guilty. Professor Douglas Berman suggests that the death penalty may have made this possible. An alternative theory is that Castro doesn’t think being locked up in a tiny space for years on end is all that bad. [Sentencing Law and Policy] * Navigating the archetypes of expert witnesses based on The Office. [The Expert Institute] * Lawyer arrested for bringing meth into a courthouse. I’d say “better call Saul,” but this sounds more like something Saul would do. [Press Democrat] * An Akin Gump partner, James Meggesto, is in hot water for Tweeting his disdain for a congressman and a Native American chief. For the record, when a tweet opens with “Resisting urge to tweet…”, you’ve failed. [Politico] * This story actually reminds me of the plot to the new BSG series — a networked house can easily be hacked by cylons. Or in this case, Kashmir Hill. [Forbes] * New York’s energy regulations are increasing demand for energy-efficient solutions. The most efficient thing about my apartment is finally getting a break in the heat. [Breaking Energy]

* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy] * Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker] * Sequestration has put the pinch on the rights of indigent federal defendants to receive legal representation. But at least our airlines are shielded from hardship. [PrawfsBlawg] * “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today] * Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer] * Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN] * Bloomberg takes a look at the legal controversy brewing around unpaid internships. Video after the jump… [Bloomberg Law via YouTube]

* Authorities are exhuming the Boston strangler suspect to attempt to match his DNA with a sample recovered from a victim killed almost 50 years ago, highlighting advances in DNA harvesting technology. In other news, COBRA Command claims that Project: Serpentor is moving along nicely. [NY Times] * Ninth Circuit Judge William Fletcher dissents in the case of Deere v. Cullen. Judge Fletcher writes: “The majority holds that a judge suffering from dementia may sentence a man to death.” He’s so unreasonable. [PrawfsBlawg] * The Texas student that Tamara Tabo wrote about this morning, whose arrest for making terrorist threats sparked a Facebook phenomenon, has been released on bail. [The Blaze] * Kash Hill reports on the decision in the Sarah Jones case. The former cheerleader and current paralegal won $338,000 in her defamation suit. [Forbes] * The advent of a new job in the field of sex work: The “Coparazzi,” documenting cop mistreatment of sex workers. This job title is offensive because it suggests that the Paparazzi are doing something admirable. [Jezebel] * An argument for compromising reputation for scholarship money when selecting a law school. As one of the commenters on the article (steponitvelma) put it: “Congratulations. How wonderful.” [The Billfold] * Women are realizing that husbands are crimping their style. [The Careerist]

A group of civil rights organizations recently filed a misconduct complaint against Judge Edith Jones of the Fifth Circuit. A former Jones clerk, Tamara Tabo, comes to the judge's defense.

A conservative's argument against the death penalty.

* “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]

* The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]

* Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]

* Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]

* It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]

* Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]

* A third perpetrator emerged in the Berkeley bird beheading case, and he was just sentenced to two days in jail. Can you listen to BARBRI in a jail cell? I guess he’ll find out. [San Francisco Chronicle]

* The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]

* A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]

* Online gambling wants to come back to the U.S. after the government cracked down last year. Anybody want odds on whether this works? [Wall Street Journal]

* In news that only affects those who want to dress like whores, Abercrombie & Fitch and Hollister may systematically mistreat the disabled. [Fox News]

* Post-disaster price gouging is sad, but inevitable. Oklahoma’s Attorney General E. Scott Pruitt is having none of it. [The National Law Journal]

* Obama will address drone policy and Gitmo in a security speech today because, after the last couple weeks of scandal, he’s hoping to introduce fodder for another round of withering criticism. [Huffington Post]

* The Daily Caller is all over the idea that Michelle Obama may have dated the Inspector General of the IRS at Harvard Law. Which proves… actually I have no idea if the Daily Caller even knows why this might be significant. [Daily Caller]

* U.S. and Chinese law schools are collaborating more. American law schools are really desperate to open themselves to more students, aren’t they? [China Daily]

* The Jodi Arias jury may not be able to make a decision on sentencing. If you cared about this story at all, you’ve already heard Nancy Grace’s opinion. [NBC News]

* Elie argues with folks about Greece v. Galloway and legislative prayer. Video after the jump… [Huff Post Live]