Defense of Marriage Act

  • Morning Docket: 10.03.16
    Morning Docket

    Morning Docket: 10.03.16

    * The New York Times has obtained Donald Trump’s tax records from 1995, revealing a nearly $916 million loss that would have enabled him to cancel out an equivalent amount of taxable income over an 18-year period. Marc Kasowitz, name partner of Kasowitz Benson, represents Trump, and has threatened the paper with “prompt initiation of appropriate legal action” for its publication of his client’s tax records. [New York Times]

    * George Mason University will host a grand opening ceremony this week for the twice renamed Antonin Scalia School of Law Antonin Scalia Law School — a ceremony that five SCOTUS justices will reportedly attend — and some students and faculty are planning to protest the Koch brothers’ funding of scholarships by wearing red tape over their mouths to symbolize their voices being taken from them. [Big Law Business]

    * Katherine Magbanua, the woman who is suspected of connecting Florida State University law professor Dan Markel’s alleged killers, Sigfredo Garcia and Luis Rivera, with the family of Markel’s ex-wife, Wendi Adelson, has been arrested on murder charges. According to police, she has “received numerous benefits from the Adelsons since Markel’s murder.” We’ll have more on this later today. [Tallahassee Democrat]

    * According to Judge Beth Bloom of the Southern District of Florida, Orlando-based firm Butler & Hosch violated the WARN Act when it closed suddenly in May 2015 and conducted mass layoffs of more than 700 employees without giving them 60 days of advance notice. The firm, which is bankruptcy, could be on the hook for millions of dollars in damages. We may have more on this later today. [Orlando Sentinel]

    * Following the embarrassment that was former Stanford swimmer Brock Turner’s light sentence in the sexual assault of an unconscious woman at his school, California Gov. Jerry Brown has broadened the state’s legal definition of rape to include penetration with a foreign object, mandate prison time if the victim was unconscious at the time of the assault, and forbid judges from granting probation or parole in such cases. [Reuters]

    * “Frankly, USD has been a bit behind in that, in part, up until 2014, we had no problem with the bar exam. When you’re hitting in the high 80s or 90s, you don’t worry about much.” Unofficial results from the South Dakota bar exam are out, and after years of declines in passage rates for graduates of South Dakota Law, administrators are ready to take action now that only about 50 percent of graduates passed the test. [Argus Leader]

    * “I was empty and then this woman walked into my life. I didn’t think it would happen again and it did. She is it.” LGBT rights pioneer Edie Windsor, the plaintiff whose Supreme Court case rendered DOMA unconstitutional in 2013 and laid the groundwork for the high court to declare that marriage equality was a fundamental right just two years later, remarried in New York last week. Our very best wishes! [New York Times]

  • Non-Sequiturs

    Non-Sequiturs: 10.06.15

    * Review of a new movie where pursuing your innocence is not worth the justice you receive. [Guile is Good]

    * What is the biggest lie in all of Biglaw? [Daily Lawyer Tips]

    * Season 3 of I Am The Law launched today! Tune in to get a snippet of what it’s really like to be a practicing attorney. [Law School Transparency]

    * A look back at how lawyer Roberta Kaplan beat the Defense of Marriage Act. [WNYC]

    * The Winklevoss twins desperately try to come up with the next big thing. [Dealbreaker]

    * Your counter culture wars are nothing new: remember when Hunter S. Thompson went to Duke? [What About Paris?]

  • 1st Circuit, Bar Exams, Crime, Gay, Gay Marriage, Jersey Shore, Law School Deans, Law Schools, Morning Docket, New Jersey, Tax Law, Trials

    Morning Docket: 09.25.14

    * Per the First Circuit, plaintiffs who successfully challenge the Defense of Marriage Act in court aren’t entitled to attorneys’ fees. The Department of Justice had no comment. [National Law Journal]

    * Florida Coastal Law finished second-to-last in bar passage for the July 2014 exam, with 58% of grads passing. It was one of Florida Coastal’s worst performances to date. [Florida Times-Union]

    * ASU Law got a $10M donation, its largest ever. “The remarkable thing about it is we didn’t ask him for it,” says the dean, which is a slightly better response than Drexel’s dean had. [The Republic]

    * Much to his defense team’s chagrin, accused Boston Marathon bomber Dzhokhar Tsarnaev’s trial will remain in Boston. The media spectacle is set to begin in January 2015. [New York Times]

    * Mike “The Situation” Sorrentino of Jersey Shore fame was indicted on tax fraud charges to the tune of $8.9M. He pleaded not guilty yesterday afternoon. There aren’t tanning beds in jail. 🙁 [Asbury Park Press]

  • American Bar Association / ABA, Attorney Misconduct, Deaths, Divorce Train Wrecks, Gay, Gay Marriage, Health Care / Medicine, Law Professors, Law Schools, Legal Ethics, Morning Docket, SCOTUS, Supreme Court, Tax Law, Trials, United Kingdom / Great Britain, Video games

    Morning Docket: 07.03.13

    * The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]

    * Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]

    * Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]

    * If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]

    * “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]

    * Lawyerly lothario Zenas Zelotes has been suspended from practicing law for five months. He should take his own advice, find an ethics attorney, and make her his girlfriend. [Connecticut Law Journal]

    * When you’re arguing about a video game — online or anywhere — you should probably leave talk of murdering children out of the conversation. You could wind up in jail for months like this guy. [CNN]

    * John Tiley, one of the United Kingdom’s most preeminent tax law professors, RIP. [The Telegraph]

  • California, Crime, Federal Government, Gay, Gay Marriage, Health Care / Medicine, Immigration, John Roberts, Law Professors, Law Schools, SCOTUS, Supreme Court, Texas, Violence

    Morning Docket: 06.28.13

    * Do you think Chief Justice Roberts is the Supreme Court’s “peacemaker”? To be fair, at least he does a better job of tempering all of his judicial rage than his colleagues. [Politico] * According to Prof. John Eastman of Chapman Law, the SCOTUS decision striking down DOMA means Prop 8 is good law in California. Try and wrap your mind around that one. [OC Weekly] * The Senate approved a bipartisan immigration reform plan with a 68-32 vote, and now it’s up to House representatives to take the bill and summarily wipe their asses with it. [Wall Street Journal (sub. req.)] * The good folks at Hobby Lobby quilted for hours yesterday to celebrate the Tenth Circuit’s reversal of a lower court’s denial of an injunction blocking the ACA’s contraceptives mandate. [The Oklahoman] * Texas A&M still hopes to acquire Texas Weslyan’s law school; they’re just waiting for the ABA to look over the paperwork. Welcome, Texas A&M Law, since the takeover will obviously be approved. [WTAW] * Boston bombing suspect Dzhokhar Tsarnaev has been indicted on 30 counts of violence and weapons-related charges. Right now, he’s looking at a possibility of life in prison or the death penalty. [CNN]
  • Sponsored

  • 1st Circuit, Bankruptcy, Biglaw, Constitutional Law, Copyright, Dewey & LeBoeuf, Gay, Gay Marriage, Morning Docket, Music, Politics, SCOTUS, Supreme Court

    Morning Docket: 06.27.13

    * Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]

    * Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]

    * Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]

    * Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]

    * Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]

    * It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]

  • Abortion, American Bar Association / ABA, Antonin Scalia, Bar Exams, Biglaw, Cars, Celebrities, Election Law, Gay, Gay Marriage, Law Schools, Layoffs, Morning Docket, SCOTUS, Supreme Court, Technology, Texas, Women's Issues

    Morning Docket: 06.26.13

    * “Screw all these other cases, man, we’re ready for the real stuff — you know… the gay stuff.” Damn, a satirical article that perfectly captures our thoughts. Don’t worry, it’s coming today. [The Onion]

    * On a more serious note, this is obviously a really big day for gay marriage at the Supreme Court. Will the justices settle the score, or leave this movement’s supporters high and dry? [Wall Street Journal]

    * Big Tech has always been a proponent of gay rights, and some of the most respected brands in America are hoping same-sex marriage doesn’t get the blue screen of death from SCOTUS. [Politico]

    * Everyone else loses, but Scalia always wins. He couldn’t have asked for more after Section 4 of the Voting Rights Act was struck down. So long, “racial entitlements.” [L.A. Now / Los Angeles Times]

    * “No, we’re not going to do layoffs. We’d never do layoffs. Everything is just fine. Seriously, we won’t do stealth layoffs either. Promise! Believe us, pretty please,” said the managing partner of every peer Biglaw firm after the Weil winnowing. [Am Law Daily]

    * Law schools are freaking out about a new American Bar Association proposal to tighten their bar passage requirements, and they’re blaming all of their alarm on diversity issues. [National Law Journal]

    * This state senator wins the award for most unique filibuster attempt ever. To block new abortion regulations in Texas, Sen. Wendy Davis spoke endlessly for 11 hours straight. You go girl! [CNN]

    * Pop star Chris Brown was charged in a hit-and-run, and surprisingly, Rihanna had nothing to do with it. The new charges may affect his probation, and he might even go to jail. [Arts Beat / New York Times]

    * Breaking news, Aaron Hernandez was just taken into custody at his home. Discuss. [USA Today]

  • Affirmative Action, Anthony Kennedy, Baseball, Biglaw, Gay, Gay Marriage, Law Firm Mergers, Law Schools, Money, Morning Docket, Politics, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Small Law Firms

    Morning Docket: 06.25.13

    * As we wait for the biggest cases of this term, the question that seems to be on everyone’s minds is: “What would Justice Kennedy do?” We might find out the answer today if we’re lucky. [New Yorker]

    * At least we know what Justice Kennedy wouldn’t do. He’d never disrespect his elders like Justice Alito did yesterday after rolling his eyes at Justice Ginsburg while on the bench. [Washington Post]

    * Meanwhile, although the Supreme Court punted an important affirmative action ruling yesterday, Jen Gratz’s life has been defined by a more meaningful one made about a decade ago. [Washington Post]

    * It’s not what you know, it’s who you know: Covington, the firm where ex-DOJ lawyers go to make money, is representing some very big tech companies in their dealings with the NSA. [Am Law Daily]

    * Fox Rothschild picked up a small Denver firm to reach a “critical mass” of attorneys in its new office and offer full service. FYI, “full service” in Colorado means weed law now, you know. [Legal Intelligencer]

    * “[G]iven the significant decline in law school applications,” Cincinnati Law is pushing for a 30 percent tuition and fees reduction for out-of-state students. That’s a step in the right direction. [WCPO ABC 9]

    * This guy had the chance to go to law school, and I bet he’s really kicking himself now after choosing to be a member of the Boston Red Sox bullpen instead. Poor kid, he could’ve had it all. [MassLive.com]

Sponsored

  • Abortion, Affirmative Action, Baseball, Education / Schools, Gay Marriage, Morning Docket, Nina Totenberg, Prostitution, Samuel Alito, SCOTUS, Supreme Court

    Morning Docket: 06.20.13

    * Today is most likely going to be a banner decision day for the Supreme Court, so in wild anticipation, SCOTUS expert Nina Totenberg was on call to answer some need-to-know questions for the people about the innermost workings of the Court. [NPR]

    * One of the opinions we hope will drop at the Supreme Court today is that of the Fisher v. Texas affirmative action case. If you want some hints on how the three justices who attended Princeton (not counting Kagan) might rule, check this out. [Daily Princetonian]

    * Justice Samuel Alito is out in Texas where he threw the first pitch — “a bit wide of the plate” — in last night’s Rangers game. Will SCOTUS unleash anything important in his absence? [Washington Post]

    * Meanwhile, while we eagerly await decisions in the gay marriage cases next week, consider for a moment the possibility that this is all just but a gigantic train wreck waiting to happen. [New Republic]

    * Things are heating up in North Dakota where the battle over abortion regulations continues to rage on. What a shame, especially since we supposedly took care of this stuff in the early 70s. [ABC News]

    * “If this is what these women signed up for, who is anybody to tell them differently?” Two pimps were acquitted of sex trafficking after prostitutes testified on their behalf. [Thomson Reuters News & Insight]

  • Biglaw, Christopher Christie, Divorce Train Wrecks, Drinking, DUI / DWI, Gay, Gay Marriage, Law Schools, Melvyn Weiss, Milberg Weiss, Morning Docket, New Jersey, Partner Issues, SCOTUS, Supreme Court

    Morning Docket: 04.04.13

    * “Beware of conservatives bearing gifts.” While there may be a federalism argument to be made in the DOMA case, it’s really about discrimination. It’s too bad some are afraid to stand up and say that. [Opinionator / New York Times]

    * Sooo… was Melvyn Weiss, founder of Milberg LLP, really old, really drunk, or really old and drunk when he allegedly recited part of the alphabet as, “H, I, L, M, N, O, P, Q, R, S, T, U, V, W, S, X, U, V, W, S, I, C”? [Am Law Daily]

    * “Can’t fire me, I quit” moments are much better when they involve partners. Ogletree’s ex-VP was asked to leave over a dispute with another lawyer, so he resigned. [Thomson Reuters News & Insight]

    * The U. of Arizona is thinking about lowering tuition by 11% for in-state students and 8% for out-of-state students. On behalf of your indebted students, MOAR doing and less thinking. [Arizona Republic]

    * The only thing that’s worse than allegations of insider trading is having your ex-wife’s post-divorce suit reinstated. This is really the last thing Steve Cohen needs right now. [DealBook / New York Times]

    * Earlier this week, Governor Chris Christie banned minors from using tanning beds without parental consent. Fare thee well, GTL. Young Jersey Shore wannabes must be weeping. [Clarion Ledger]

  • Biglaw, Boutique Law Firms, Clarence Thomas, Gay, Gay Marriage, Gender, Law Firm Mergers, Law Schools, Morning Docket, Partner Issues, SCOTUS, Securities Law, Supreme Court, Women's Issues, You Go Girl

    Morning Docket: 04.03.13

    * Some Supreme Court analysts are speculating that Justice Clarence Thomas could cast a vote to overturn the Defense of Marriage Act, but at this point, that’s just about as likely as him speaking during oral arguments. [Talking Points Memo]

    * When a practice group laterals out of a firm en masse, you know things were probably going on behind the scenes for a while. Apparently Bingham’s securities enforcement crew was in very high demand by other Biglaw firms. [Am Law Daily]

    * Hot on the heels of a merger ménage à trois, Dentons (fka SNR Denton) is already eyeing new growth possibilities across the globe. Guess they’re down with orgies now… [WSJ Law Blog (sub. req.)]

    * “Clients don’t hire us because of our sex. They hire us because we win.” This, from Hillary Richard, one of the female name partners of a largely all-female firm. You go girl! [DealBook / New York Times]

    * Silly Cooley, a “second-tier” law school by any other name would smell as stank. Our nation’s second-best law school is considering a union with Western Michigan University. [National Law Journal]

  • Alston & Bird, Banking Law, Biglaw, Crime, Death Penalty, Gay, Gay Marriage, Ho-Love, JPMorgan Chase, Morning Docket, Paul Clement, SCOTUS, Supreme Court, Violence, You Go Girl

    Morning Docket: 03.28.13

    * Based on the justices’ reactions during oral arguments in Windsor v. U.S., there was no defending the Defense of Marriage Act. Not even the Paul Clement, the patron saint of conservative causes could save the day. [New York Times]

    * Alas, the David Boies and Ted Olson Dream Team stole much of the spotlight from Roberta Kaplan, the Paul Weiss partner who argued on behalf of Edith Windsor in an effort to overturn DOMA. Seriously, you go girl! [WSJ Law Blog (sub. req.)]

    * Dude, you’re getting a Dell! Alston & Bird and Kirkland & Ellis are the latest firms to join the Biglaw sharks (including Ho-Love, Debevoise, Wachtell, SullCrom, and Simpson Thacher) circling this major tech buyout. [Am Law Daily]

    * It looks like it’s time for JPMorgan to face the music for its investments in Lehman Brothers, because a federal judge just ruled that the bank cannot “dispatch plaintiff’s claims to the waste bin.” [Reuters]

    * An alleged killer’s sense of mortality: James Holmes, the suspect in the Colorado movie theater shooting, offered to plead guilty and spend life in prison in order to avoid the death penalty. [CNN]