Can gay marriage be stopped? Professor Tribe thinks not.
* Professor Laurence Tribe on “the constitutional inevitability of same-sex marriage.” [SCOTUSblog]
* You can sleep when you’re dead — and you can prevail against the IRS in litigation, too (as the late Ken Lay just did). [TaxProf Blog]
* Speaking of the dead, just because someone is burglarizing your business doesn’t mean you can kill them. [Jonathan Turley via WSJ Law Blog]
* Professor Daniel Hamermesh asks: “Why not offer legal protections to the ugly, as we do with racial, ethnic and religious minorities, women and handicapped individuals?” [New York Times via ABA Journal]
* “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 Fashion]
* The New Jersey Supreme Court just issued a major new decision calling for changes in the way that courts handle eyewitness identifications — an issue that will also be going before SCOTUS in the coming Term. [The Innocence Project]
* Congratulations to Professor Neal Katyal, former acting U.S. solicitor general, who’s apparently headed to Hogan Lovells. [Am Law Daily]
We all know Michele Bachmann as the Tea Party darling running for the Republican presidential nomination. Before that, Bachmann the Congresswoman became famous for making some of the most truly ignorant statements in modern American politics.
But few people know that before Bachmann became a crazy-eyed, anti-tax standard bearer, Bachmann was a lawyer. A tax lawyer. Working for the IRS. That’s right, as a lawyer Bachmann helped the government collect taxes.
But I wouldn’t call her a hypocrite. It seems she wasn’t all that good at collecting taxes….
The Eleventh Circuit has declared that Obamacare’s individual health care mandate is unconstitutional. Today’s decision will be lauded as a victory for the 26 states, led by Florida, that challenged the law as unconstitutional.
In a 2-1 decision (and the first in which a judge appointed by a Democrat has voted to strike down the mandate), the Eleventh Circuit stated that Congress does not have the power to require all Americans to buy health insurance. The court also ruled, however, that the rest of the law could remain in effect.
The Eleventh Circuit decision comes in the wake of the Sixth Circuit upholding the individual mandate as constitutional (a ruling joined by Judge Jeffrey Sutton, a George W. Bush appointee). The Sixth Circuit case has already been appealed to the Supreme Court. We have a feeling that this case will also be appealed to the Supreme Court, setting quite the stage for a ruling within the next year or so.
Click here to read the Eleventh Circuit’s opinion, and read on for some more interesting facts about the case….
As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”
The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”
Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.
President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”
Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.
In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?
I think he’s done a terrible job with Organizing for America and for his base, and with the recognition of the people who worked for him. I frankly think the staff, the reelection staff, are incompetent fools.
– Willard Taylor, former partner (and current of counsel) at Sullivan & Cromwell, commenting to Politico on the reelection effort of President Barack Obama. Taylor served as a fundraiser for Obama’s 2008 presidential campaign.
If you want to run for president in this country, you best have quality legal counsel.
It doesn’t matter which party you are from. It doesn’t matter what your political platform is. It doesn’t matter if you believe Obamacare is exactly like your own health care plan or if you think marriage is a sacred vow shared by a man, a woman, and millions of viewers on The Bachelor. It turns out you still need competent legal counsel.
Biglaw legal counsel, as it happens. Check out the law firms that are advising the 2012 presidential candidates…
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: