Defense of Marriage Act

  • A litigatrix's lawyerly lair.

    Gay, Gay Marriage, John Roberts, Lawyerly Lairs, Non-Sequiturs, SCOTUS, Supreme Court, Vanessa Bryant

    Non-Sequiturs: 07.31.12

    * Chief Justice John Roberts, in his capacity as circuit justice for the Fourth Circuit, has given the green light — for the time being — to Maryland’s continued collection of DNA samples from people charged with violent felonies. [New York Times]

    * Professor Dan Markel isn’t a fan of the practice, arguing that it “is yet another abuse of the presumption of innocence.” [PrawfsBlawg]

    * In other Supreme Court news, the proponents of Prop 8′s ban on gay marriage have filed a petition for certiorari with the Court. [Arthur Leonard / Leonard Link]

    * And in other gay marriage news, yet another federal judge — Judge Vanessa Bryant (D. Conn.), a Bush II appointee — has struck down Section 3 of the Defense of Marriage Act. [Chris Geidner / BuzzFeed]

    A California litigatrix’s lawyerly lair.

    * Lawyerly Lairs: Emily Alexander’s beautiful, light-filled home is awash in color. There are no hunting prints in sight — even though she used to practice at Sullivan & Cromwell. [California Home + Design]

    * The mother of a man who died during a police chase has sued the SFPD over her son’s accidentally shooting himself. Opines SFist: “It remains unclear to us why [Kenneth] Harding has been chosen to serve as a martyr, given his not-so-stellar record and the self-inflicted wound.” [SFist]

    * Poor Professor Campos — does his self-loathing know no bounds? The prominent law professor, one of legal academia’s harshest (and most eloquent) critics, has now turned his powerful fire on baby boomers — of whom he is one. [Salon]

    3 Comments / / Jul 31, 2012 at 6:04 PM
  • lady gaga bratz

    Abortion, Celebrities, Constitutional Law, Contracts, Gay Marriage, Immigration, Law Professors, Law Schools, Lawrence Lessig, Morning Docket, Murder, SCOTUS, Senate Judiciary Committee, Supreme Court

    Morning Docket: 07.25.12

    * Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]

    * Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]

    * In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]

    * “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]

    * We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]

    * Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]

    * And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]

    13 Comments / / Jul 25, 2012 at 9:06 AM
  • fireworks

    Airplanes / Aviation, California, Constitutional Law, Copyright, Department of Justice, Federal Government, Federal Judges, Food, Gay Marriage, Intellectual Property, John Roberts, Law Schools, Morning Docket, SCOTUS, Supreme Court, UNC Law

    Morning Docket: 07.04.12

    Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.

    * At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]

    * Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]

    * A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]

    * Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]

    * After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]

    * Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]

    * UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]

    * This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]

    * The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]

    6 Comments / / Jul 4, 2012 at 9:15 AM
  • Brett McGurk

    American Bar Association / ABA, Bail, Bankruptcy, Biglaw, Dewey & LeBoeuf, Gay Marriage, Law Schools, LSAT, Morning Docket, S.D.N.Y.

    Morning Docket: 06.19.12

    * Dewey know how many professional services firms it takes to wind down a Biglaw firm? According to new D&L bankruptcy filings, there are at least eight of them — including Togut Segal & Segal, a leading law firm that reportedly charges $935 an hour. [WSJ Law Blog]

    * Despite Barack Obama’s pledge of support, Brett McGurk has withdrawn his name from the White House pool of ambassadorial candidates amid much salacious controversy. Apparently this man knows a lost cause when he sees one. [Washington Post]

    * So many DOMA lawsuits, so little time: what’s happening in the six major cases on this statute? The majority are in various stages of appeal, and the world at large is currently awaiting a cert filing to get a final take from the Supreme Court. [Poliglot / Metro Weekly]

    * LSAC will now vet incoming law students’ GPAs and LSAT scores. The ABA won’t do it because they need the insurance policy of someone else to blame in case something happens to go wrong. [National Law Journal]

    * Oh, my sweet little Mittens, you’re making it really hard for moderates like me to consider voting for you in November. Protip: you went to law school, so you should probably stop telling people that you didn’t. [Ology]

    * Stephen McDaniel’s lawyers are expected to ask a judge to reconsider his $850K bond today. If he’s released, it seems like there’s a high probability that he’ll become an ATL commenter. [Macon Telegraph]

    * Remember the legal fight over the Tyrannosaurus bataar? Well, now Preet Bharara, the U.S. Attorney for the S.D.N.Y., is on the case, and he wants to be seized for return to Jurassic Park Mongolia. [New York Observer]

    10 Comments / / Jun 19, 2012 at 9:08 AM
  • Which firm will be next?

    Alan Dershowitz, Antitrust, Baseball, Biglaw, Bill Clinton, Dewey & LeBoeuf, Football, Heller Ehrman, Howrey LLP, Law Professors, Morning Docket, Paul Clement, S.D.N.Y., State Judges, Texas, Trials

    Morning Docket: 06.07.12

    * You know what’s really got to suck hard? Turning down a Supreme Court nomination to be governor, and then losing your gubernatorial re-election bid. Mario Cuomo is the Bad Luck Brian of our time. [New York Daily News]

    * And speaking of bad luck, this prominent antitrust lawyer is like the harbinger of Biglaw doom. In the last four years, Marc Schildkraut has bounced from Heller to Howrey to Dewey. Good luck to his new firm, Cooley LLP. [Washingtonian]

    * Another judge — this time from the S.D.N.Y. — has found that the Defense of Marriage Act is unconstitutional. Paul Clement, the patron saint of conservative causes, is probably facepalming right now. [Reuters]

    * Judge Jed Rakoff “politely” benchslapped a Cardozo Law student for playing pen pal over his evidentiary rulings in the Rajat Gupta insider trading trial. Time to get a new hobby, girl. [DealBook / New York Times]

    * “I don’t know how you all practice law in Texas.” It looks like the judge presiding over the Roger Clemens case hasn’t been keeping up with all of our crazy stories from the Lone Star state. [Wall Street Journal]

    * “[T]he epitome of unprofessionalism”: State Attorney Angela Corey couldn’t take the heat from Harvard Law professor Alan Dershowitz, so she threatened to sue the school and get him disbarred. [Orlando Sentinel]

    * “What did you guys do to deserve me? How did you guys get stuck with this? Ay yi yi.” At least Jerry Sandusky’s got a sense of humor about a potential 500 year sentence. [Thomson Reuters News & Insight]

    * The election outlook for birthers may not be so bleak after all. Sure, Orly Taitz lost her bid to be a senator, but Gary Kreep might get to be a judge in San Diego County. We’ll find out later today. [North County Times]

    10 Comments / / Jun 7, 2012 at 9:05 AM
  • No, not that gavel...

    1st Circuit, Attorney Misconduct, Bankruptcy, Biglaw, Copyright, Defamation, Dewey & LeBoeuf, Facebook, Gay, Google / Search Engines, Job Searches, Law Schools, Legal Ethics, Masturbation, Milberg Weiss, Morning Docket, Partner Issues, Video games

    Morning Docket: 06.01.12

    * Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]

    * Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]

    * Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]

    * Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service]

    * Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog]

    * Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]

    * Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal]

    * Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]

    2 Comments / / Jun 1, 2012 at 9:01 AM
  • gay marriage 1 small

    1st Circuit, Constitutional Law, Gay, Gay Marriage, Michael Boudin, Paul Clement

    Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act

    The First Circuit has ruled on a closely watched challenge to the Defense of Marriage Act (DOMA). What did the court decide?

    15 Comments / / May 31, 2012 at 11:47 AM
  • peter griffin

    Attorney Misconduct, Books, California, Canada, Constitutional Law, Department of Justice, Family Law, John Edwards, Legal Ethics, Morning Docket, SCOTUS, Supreme Court, Tax Law, Trials, Wall Street, Weddings

    Morning Docket: 05.25.12

    * In a Supreme Court decision split across gender lines, prosecutors can now get a do-over on criminal charges without double jeopardy, even if an otherwise deadlocked jury unanimously rejected them. [New York Times]

    * And yet another day ended without a verdict in the John Edwards campaign finance trial, but the jury asked to review every exhibit in the case. The former presidential candidate must feel like he’s being punk’d. [CNN]

    * The DOJ found that two prosecutors in the Ted Stevens case committed reckless professional misconduct punishable by unpaid time off. Looks like they’ll be getting an extended Memorial Day break. [Blog of Legal Times]

    * Hot on the heels of Obama’s announcement in support of gay marriage, yet another California judge has found that DOMA is unconstitutional (along with a provision of the tax code). [Poliglot / Metro Weekly]

    * Occupy Wall Street is suing for $48K over the destruction of the group’s “People’s Library” after their eviction from Zuccotti Park. But let’s get real, who wants used books that reek like patchouli and pot? [Bloomberg]

    * More than one million “de facto spouses” in Quebec may soon be automatically married by the state against their will. Imagine how much fun it’ll be to get a divorce from someone you never actually married. [Slate]

    * Two waitresses who claim they were fired for complaining about their former employer’s “no fatties” policy will get to bring their $15M lawsuit before a jury. Hopefully Peter Griffin isn’t a juror. [Law & Daily Life / FindLaw]

    5 Comments / / May 25, 2012 at 9:04 AM
  • gay marriage 1 small

    Biglaw, Chadbourne & Parke, Gay, Gay Marriage, Perks / Fringe Benefits, Tax Law

    More Firms Stand Up For Marriage Equality

    Which major law firms now offer the tax offset for domestic partner health benefits?

    17 Comments / / May 15, 2012 at 2:14 PM
  • Judge Jeffrey White

    9th Circuit, Alex Kozinski, Benchslaps, Constitutional Law, Federal Government, Federal Judges, Gay, Gay Marriage, Lesbians, Quote of the Day

    Quote of the Day: A Reverse Benchslap… of Chief Judge Kozinski?

    Whoa — did Chief Judge Kozinski of the Ninth Circuit just get reverse benchslapped? By a district court judge out of San Francisco?

    63 Comments / / Feb 23, 2012 at 4:42 PM
  • Antitrust, Biglaw, Constitutional Law, Copyright, Gay, Gay Marriage, Lexis-Nexis, LexisNexis / Lexis-Nexis, Morning Docket, Murder, Westlaw

    Morning Docket: 02.23.12

    * And now another reason for lawyers to hate other lawyers (even more than they already do): Westlaw and LexisNexis are being sued for copyright infringement for selling access to publicly filed legal documents. [WSJ Law Blog]

    * MGA Entertainment’s antitrust suit against Mattel has been dismissed. In celebration, attorneys from Quinn Emanuel will buy themselves hot pink convertibles while singing that “Barbie Girl” song. [Thomson Reuters News & Insight]

    * Yesterday in the Golinski case, a federal judge ruled that the definition of marriage under DOMA is unconstitutional. Come on, even a Bush II appointee knows what’s up. [Poliglot / Metro Weekly]

    * After finally realizing that he was a lawyer and not an agent — and that his most infamous client wasn’t worth as much as he thought — Jose Baez dropped Casey Anthony like a bad habit. [Miami Herald]

    * Former University of Virginia lax player George W. Huguely V was found guilty of second degree murder in the death of Yeardley Love. UVA students are instructed to pop their collars at half-staff. [Bloomberg]

    9 Comments / / Feb 23, 2012 at 9:02 AM
  • Celebrities, Drugs, Federal Circuit, Federal Judges, Gay, Michael Jackson, Morning Docket, Murder, Senate Judiciary Committee, Violence

    Morning Docket: 11.11.11

    * A bill to repeal DOMA made it past the Senate Judiciary Committee, but members of the Senate don’t do dick (unless it’s in an airport bathroom), so it’s probably not going anywhere. [Blog of Legal Times] * Next on the gay rights news beat, after waiting around for 18 months, WilmerHale attorney Edward DuMont […]

    11 Comments / / Nov 11, 2011 at 9:05 AM
  • Biglaw, Gay, Gay Marriage, Health Care / Medicine, Ho-Love, Money, Munger Tolles & Olson, Perks / Fringe Benefits, Tax Law

    Biglaw Perk Watch: Has the Gay Gross-Up Hit the Tipping Point?

    It’s late October, so Biglaw bonus news could drop any day now. In 2010, Cravath didn’t kick off the season until November 22. But back in 2009, Cravath announced bonuses on November 2. And in 2007 — yes, the glory days, before the Great Recession — Cravath announced bonuses, regular and “special,” on October 29. […]

    35 Comments / / Oct 26, 2011 at 4:07 PM
  • American Bar Association / ABA, California, Law Schools, Money, Morning Docket, Paul Clement, Tax Law

    Morning Docket: 10.21.11

    * According to Jacoby & Myers, “winning is everything.” And by “winning,” they, of course, mean “settling.” Ten points to Gryffindor Jay Shepherd. [New York Times] * Ah, DOMA. Like it or not, we’re footing the bill for a law the DOJ won’t touch. This guy wants us to stop putting money in Paul Clement’s […]

    9 Comments / / Oct 21, 2011 at 9:12 AM
  • Constitutional Law, Election 2012, Gay, Gay Marriage, Health Care / Medicine, Kannon Shanmugam, Litigators, Paul Clement, Politics, SCOTUS, Solicitor General's Office, Supreme Court, Williams & Connolly

    A Preview of the Upcoming Supreme Court Term

    We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner. With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011: […]

    17 Comments / / Sep 28, 2011 at 5:17 PM
  • Biglaw, BuckleySandler, Gay, Gay Marriage, Health Care / Medicine, Money, Perks / Fringe Benefits, Tax Law, Williams Mullen

    Biglaw Perk Watch: More Firms Adopt the Gay Gross-Up

    We have been tracking which leading law firms offer the perk we’ve nicknamed the gay gross-up. If you’re inclined towards formality, you can call it the “tax offset for domestic partner health benefits.” For an explanation of what this perk is all about, read this prior post. Since our last round-up, additional prominent law firms have adopted this policy. Let’s check out the latest list….

    17 Comments / / Sep 6, 2011 at 4:00 PM
  • Biglaw, Constitutional Law, Election 2012, Ho-Love, Hogan & Hartson, Musical Chairs, Neal Katyal, Non-Sequiturs, Politics, Tax Law, Trademarks

    Non-Sequiturs: 08.24.11

    * “Dominique Strauss-Kahn Gets Off, As Did Everyone Else Who Stayed In His Room At The Sofitel.” Or: what you don’t want to know about your high-end hotel room. [Dealbreaker] * F**k yeah — trademark law! Or: some reflections on the “immoral or scandalous” bar to trademark registration, by fashion lawyer Chuck Colman. [Law of […]

    4 Comments / / Aug 24, 2011 at 6:18 PM
  • Biglaw, Gay, Gay Marriage, Health Care / Medicine, McCarter & English, Money, Perks / Fringe Benefits, Tax Law

    Biglaw Perk Watch: The Gay Gross-Up Is All the Rage

    Here in the great state of New York, marriage equality is the order of the day — as it is in five other states, plus D.C.. But due to the Defense of Marriage Act, the federal tax code does not recognize same-sex unions. As a result, as explained by the law firm of McCarter & […]

    24 Comments / / Aug 23, 2011 at 1:02 PM

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