* There’s nothing like boner talk in federal court: Juan Monteverde of Faruqi & Faruqi reaffirmed his claim that he was too drunk to
get it up“consummate the act” during the time Alexandra Marchuk alleged he forced sex upon her. [Law 360]
* “There’s something deeply ironic about a judge seeking the right to ignore another judge’s ruling while crying ‘judicial activism.'” Justice Roy Moore of the Alabama Supreme Court wants judges to ignore a federal ruling on his state’s unconstitutional ban on gay marriage. [Reuters]
* Just days after the legal news media found out that Dentons would be tying the knot with Dacheng, the deal has officially been sealed. Talk about a shotgun wedding! Best wishes go out to 大成 Dentons for a happy, international marriage. [Am Law Daily]
* Elite litigation boutique Susman Godfrey will be consolidating its Dallas and Houston offices into one mega-office in 2016 after the firm’s lease in Dallas is up. Will all of the displaced attorneys remain with the firm? [Houston Business Journal]
* Can we talk… about wrongful death cases? A lawsuit has finally been filed against the outpatient endoscopy facility and physicians involved in the death of Joan Rivers, and details have been released as to the way the beloved comedian died. [CNN]
What more could she have done?
Bar exam results from around the country are beginning to trickle in and the results are far from encouraging. The results from July 2014 were the lowest in recent memory, but many had hoped that the drop would prove to be only an aberration. This does not appear to be the case.
So now the real question is: How much longer will law students continue to stick with the major bar review companies that can’t seem to get them to pass?
* In his year-end report, Chief Justice Roberts wrote about the high court’s belated adoption of the latest technological advances, but promised SCOTUS briefs and filings would be online… next year. [New York Times]
* It’s been recommended that J. Michael Farren, the former White House lawyer who attempted to murder his ex-wife — a former Skadden Arps attorney — be disbarred in D.C. Apparently the bar considers a conviction for something like this a big no-no. [Legal Times]
* Dzhokhar Tsarnaev’s terrorism trial for his involvement in the Boston Marathon bombings will begin in Boston on January 5, despite his legal team’s best efforts to avoid the inevitable. At least fangirls won’t have to travel to admire him. [Bloomberg]
* Here’s one law prof’s thoughts on Harvard Law’s lame response to sexual assault complaints: “I believe … that Harvard University will be deeply shamed at the role it played in simply caving to the government’s position.” Well then. [WSJ Law Blog]
* Remember the Idaho prosecutor who recited the lyrics to “Dixie” during closing arguments at a black man’s trial? The defendant’s conviction was overturned because the prosecutor “inject[ed] the risk of racial prejudice into the case.” [NBC News]
* “People asked me what I want as an epitaph: He tried.” Mario Cuomo, the three-term New York governor and Willkie Farr alumnus who was once considered to replace Supreme Court Justice Byron White, has passed away. RIP. [New York Times]
Everyone is talking about the Serial podcast; does it live up to the hype?
* Law school enrollment continues its death spiral for the fourth year in a row, with enrollment down about 28 percent since 2010. Some schools — about 25 of them — have reported enrollment dips of more than 20 percent. Celebrate good times, come on! [National Law Journal]
* Beyoncé and Jay-Z, the queen and king of rap royalty, have been sued over a sample that was allegedly used in their hit song, “Drunk in Love.” When asked for comment on the suit, our bae Bey kept it short and sweet: “Bow down, bitches.” [A.V. Club]
* Yoohoo, SCOTUS, pay attention to this one: The first federal judge has weighed in on President Obama’s executive order on immigration, and in a four-page takedown, found it unconstitutional and “beyond prosecutorial discretion.” [WSJ Law Blog]
* Katrina Dawson, an Australian lawyer who worked at Eight Selborne Chambers, was killed during the Sydney terrorist siege earlier this week. She reportedly died in an attempt to save a pregnant law firm colleague from a hail of gunfire. [Am Law Daily]
* Lawyers and law students dressed in suits hosted a “die-in” in the pouring rain outside of a courthouse in downtown L.A. yesterday. Professor Priscilla Ocen of Loyola Law made some great points on a bullhorn. [L.A. Now / Los Angeles Times]
Even if an individual has a qualified right to determine what happens to her body, up to and including death, laws facilitating physician-assisted death (PAD) still might not be a good idea.
David Foster Wallace captured the vices and virtues of a certain type of reader, a certain type of writer, a certain type of mind.
We at Kinney are running the search for a fantastic in-house opening in Singapore, at the leading and largest tech company in Southeast Asia. The spot will be filled by a US associate with at least three years experience in M&A, from a top Wall Street or equivalent US firm. Compensation will be competitive with what the new hire is earning at their top tier law firm.
* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]
* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]
* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]
* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]
* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]
* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]
* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]
* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]
* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]
* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]
* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]
* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]
* Lawyer busted for impersonating a Transformer. On that note, what would be the best name for a Transformer lawyer? Atticus Prime? L-Woods? Paddotron, who transforms into a clock that only measures tenths of an hour? [Jonathan Turley]
* Did you think your studying for the MBE could have used more original songs as study aids? Well, if so, you’re in luck because there’s an app called Study Songs that sets legal rules to music to help you remember. [Bar Exam Toolbox]
* New York courts are getting more and more fed up with the lack of relief available when lenders flaunt the law. [New York Law Journal]
* We’ve talked about litigation financing in the abstract before, but how can litigation financing help injured workers specifically? [LFC360]
* A former U.S. Attorney pleads guilty to not paying his taxes for years. [Las Vegas Review-Journal]
* In sad news, Sher Kung — part of the trial team that took down the military’s “Don’t Ask, Don’t Tell” policy, and recently of Perkins Coie — was killed on in a cycling accident on Friday. [Seattle Times]
* “No person, no matter how high, is above the law.” It would seem Chief Judge John Roberts is unfamiliar with many of the attorneys we write about on a daily basis. [Associated Press]
* Considering many Americans can’t name a single justice, whether the high court issues 9-0 or 5-4 opinions likely matters little, but Cass Sunstein has a study on it. [New York Times]
* Judge Mark Fuller (M.D. AL) spent a night in jail this weekend after an alleged domestic violence incident with his wife. He paid $5,000 bond before he was released. Uhh… Roll Tide? [CNN]
* The ABA moved forward with reforms to help students gain clinical and distance-learning opportunities. Alas, being paid for work was too controversial this time. [National Law Journal]
* A woman who was trapped inside a law firm as a gunman opened fire before killing himself is now suing everyone for damages. You’d probably sue, too — it must’ve been terrifying. [Times-Picayune]
* Robin Williams, the beloved actor who recently played a very disgruntled lawyer, RIP. [ABC News]
Her husband wonders: how was a person who recently admitted herself to the hospital for psychiatric treatment able to buy a gun so easily?
* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]
* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]
* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]
* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]
* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]
* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]
* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]