Election Law

  • gay marriage cake RF

    Election Law, Free Speech, Gay Marriage, Money, Politics, SCOTUS, Supreme Court

    Cupid’s Arrow Strikes Eich: OkCupid, Mozilla’s CEO, And Campaign Finance Laws

    Twitter has been, well, atwitter with criticism over Brendan Eich’s financial support of Prop 8.

    34 Comments / / Apr 3, 2014 at 2:47 PM
  • Supreme_Court_US_2010

    Copyright, Election Law, Law Schools, Non-Sequiturs, SCOTUS, Supreme Court, Trademarks

    Non-Sequiturs: 04.02.14

    * Professor Rick Hasen drops knowledge bombs all over the “subtly awful” decision in McCutcheon. [Slate]

    * Another firm joins the “CV Blind” approach of assessing future lawyers without looking at their grades. So go ahead and blow off that third-year course if this trend continues. [Legal Cheek]

    * In case law schools needed another study to make them feel better about driving up costs, here’s a new study that says schools that hire hotshot professors improve faculty productivity. [TaxProf Blog]

    * Med students are mistreated. Boo hoo. At least you bastards get jobs when you graduate. And they were mistreated by the hospitals they worked with? Try a Biglaw firm right before a deadline and then stow your whining. [Chronicle of Higher Education]

    * Education Department moves to prohibit the practice of colleges barring lawyers from institutional sexual assault hearings. In other news, colleges have been getting away with keeping lawyers out of hearings about potentially criminal acts. [Inside Higher Ed]

    * The BARBRI public interest fellow contest is now underway! Watch the videos and cast your vote by April 7. [BARBRI]

    * Strip club company thought it could build a theme restaurant based on the movie Talladega Nights. More after the jump… [Bloomberg]

    1 Comment / / Apr 2, 2014 at 4:44 PM
  • greed avarice dollars

    Election Law, Free Speech, Money, Quote of the Day, SCOTUS, Stephen Breyer, Supreme Court

    Supreme Court Strikes Down Limits On Campaign Contributions — And Breyer Is Pissed

    Justice Breyer unleashed a scathing dissent in this major campaign finance ruling.

    32 Comments / / Apr 2, 2014 at 11:33 AM
  • Anthony_dollar_coin

    Biglaw, Election Law, Guns / Firearms, Non-Sequiturs, Racism

    Non-Sequiturs: 03.07.14

    * Here’s a blast from the past: Susan B. Anthony’s indictment for voting in the 1872 election. Turns out she was a woman. Who knew? [Slate]

    * The New Yorker has a cartoon that hits the current state of Biglaw right on the head. [The New Yorker]

    * People arguing for Crimea’s right to secede and join Russia may want to check out how much support the pro-Russia party got the last time they voted. [Volokh Conspiracy / Washington Post]

    * Key lessons that lawyers can learn from Google. Sadly, “make your logo a cool doodle” didn’t make the list. [Adam Smith, Esq.]

    * The long-serving Chief Deputy County Clerk of New York resigned after being disciplined. But what in the world was really going on over there? The web is tangled indeed. [WiseLawNY]

    * Idaho considering allowing guns on campus. Because armed students can stop campus shootings. It’s not like trained professionals ever make shootings worse. Rank amateurs should be just fine. [Chronicle of Higher Education]

    12 Comments / / Mar 7, 2014 at 5:00 PM
  • Email in Inbox

    Dewey & LeBoeuf, Election Law, Law Schools, Non-Sequiturs, Technology

    Non-Sequiturs: 03.06.14

    * Matt Levine describes how Dewey & LeBoeuf LLP should have taken a lesson from its clients and not used email so much while discussing possible frauds. [Bloomberg View] * Should we be paying law student externs? Well, yeah, we should. That’s also the conclusion of Jay Edelson and Chandler Givens. [Legal Solutions Blog / […]

    5 Comments / / Mar 6, 2014 at 5:31 PM
  • Taron_vl_18_1_gd

    Election Law, Gay, Health Care / Medicine, Law School Deans, Law Schools, Legal Ethics, New Jersey, Non-Sequiturs, Partner Issues, Politics, Prisons, Racism, Sentencing Law, Sexism

    Non-Sequiturs: 03.05.14

    * Upskirt photos not illegal in Massachusetts. The spirit of Kennedy lives on! [Mass Live]

    * The investigation continues into whether Judge Mike Maggio, who might be the infamous Geauxjudge, suffers from a bad case of the Internet Crazies — but in the meantime, his campaign for the Court of Appeals took a hit. [Arkansas Times]

    * Speaking of judicial ethics, Judge Kimberly Brown has been removed from the bench in Indiana. She’s only the third judge ever to be permanently removed from the job. [Indy Star]

    * Wachtell Lipton partner Ricky Mason and his wife, Hoboken mayoral candidate Beth Mason, have been charged with several election-law violations. Uh-oh. [PolitickerNJ]

    * Which state just ruled that you have a reasonable expectation of privacy in texting… even if you’re texting about a heroin deal? [IT-Lex]

    * Dewey love the judge’s name in the Barclays suit over the dead firm’s debts? Yes. Because “Popplewell” is an awesome name. [The Lawyer]

    * The data are in, and the top college grads have passed an all-important math test: they figured out law school is a bad deal. [Associate’s Mind]

    * Yet another Florida law school dean has stepped down. This is what happens when you take a job in a state full of retired people. [Daily Business Review]

    * Obamacare has been credited — and bashed — for a lot, but are we underselling its role in reducing prison populations? [Sentencing Law and Policy]

    4 Comments / / Mar 5, 2014 at 5:35 PM
  • "But otherwise you're good to serve on this jury, right?"

    Constitutional Law, Election Law, Jury Duty, Movies, Non-Sequiturs, Religion, Supreme Court, Technology

    Non-Sequiturs: 03.03.14

    * What’s a good excuse for getting out of jury duty? Apparently not “having a heart attack RIGHT NOW!” [Lowering the Bar]

    * The hits from the CATO amicus brief keep on coming. They commit a footnote to mocking Chief Justice Roberts. [Election Law Blog]

    * The Attractive Convict is suing over the use of her mugshot in banner ads. Your redemption is coming, Scumbag Steve! [IT-Lex]

    * David Healey, formerly of Weil Gotshal and currently of Fish & Richardson, is filming a movie based on his earlier book. And it stars Sean Young! That’ll work well. [Times of Sicily]

    * Does a public-school donor’s request to thank God in an inscription constitute an Establishment Clause violation? [Chronicle of Higher Education]

    * Supreme Court will hear the case of the NC Dental Board’s efforts to limit the teeth-whitening industry to dentists. Will this ruling spell trouble for state bar associations applying a death grip to all legal services? [WRAL]

    0 Comments / / Mar 3, 2014 at 5:41 PM
  • Supreme Court SCOTUS photo by David Lat

    Abortion, Election Law, Free Speech, Politics, SCOTUS, Supreme Court

    Best Amicus Brief Ever

    Have you ever seen an amicus brief that’s this entertaining?

    10 Comments / / Mar 3, 2014 at 1:27 PM
  • 800px-SCOTUSbuilding_1st_Street_SE-RF

    Election Law, SCOTUS, Supreme Court

    The Supreme Court Protestor Speaks!

    After spending the night in jail, the Supreme Court protestor explains his actions.

    17 Comments / / Feb 28, 2014 at 10:46 AM
  • Basketball_through_hoop

    Crime, Education / Schools, Election Law, Jury Duty, Non-Sequiturs, Police, SCOTUS, Sports, Supreme Court

    Non-Sequiturs: 02.21.14

    * The Ed O’Bannon suit against the NCAA will proceed to trial in June barring settlement. Football writer/genius Spencer Hall put it best when he described the hearing as “a judge looks at amateurism and says ‘this is bulls**t’ in legalese.” [Sports Illustrated]

    * McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]

    * Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]

    * Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]

    * Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]

    * “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]

    * A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]

    * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]

    2 Comments / / Feb 21, 2014 at 5:05 PM
  • Note: This is not using proper, Catalyst-branded rolling papers

    Craigslist, Crime, Drugs, Election Law, Legal Ethics, Non-Sequiturs, United Kingdom / Great Britain

    Non-Sequiturs: 02.07.14

    * A lawyer who sold 2200 pounds of marijuana can’t practice in Minnesota any more. That’s a metric tonne, by the way. Jeez, now I sound like Thomas Corwin Mendenhall. [Minneapolis Star-Tribune]

    * If you can use Craigslist to commit crime, you can use it to solve crime. Awesome. Now, if you can use Craigslist to spark a race to the bottom in legal wages, can you use it to reverse that trend. No. [Legal Juice]

    * And if you think it’s tough for young lawyers to find a job here, then was a U.K. firm really asking prospective lawyers to invest money in the firm in exchange for a job? [Legal Cheek]

    * McGruff the Crime Dog wanted to take a bite out of crime… with a grenade launcher. [CBS Houston]

    * How to keep yourself productive. I’m very intrigued by this browser add-on she mentions… [Corporette]

    * This may come as a shock, but Glenn Greenwald is troubled by the Obama administration’s legal justification for killing American citizens overseas via drone. [The Guardian]

    * The Careerist’s Vivia Chen interviewed David during LegalTech. You can watch it at this link. [Law Technology News]

    * Did you see The Daily Show take on a recent trend in election law? Professor Rick Hasen did. And the video is embedded below… [Election Law Blog]

    2 Comments / / Feb 7, 2014 at 5:01 PM
  • "Try and make it look painful, we've got a bloodthirsty audience here!"

    Basketball, Death Penalty, Election Law, Eric Holder, Non-Sequiturs, Patents, Sentencing Law

    Non-Sequiturs: 01.29.14

    * 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]

    2 Comments / / Jan 29, 2014 at 5:58 PM
  • Edward Snowden

    Barack Obama, Constitutional Law, Department of Justice, Election Law, Federal Government, Federal Judges, Health Care / Medicine, Law Schools, Morning Docket, S.D.N.Y., SCOTUS, Shira Scheindlin, Sonia Sotomayor, Supreme Court

    Morning Docket: 12.24.13

    * People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

    * Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

    * Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

    * Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

    * These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

    * “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

    2 Comments / / Dec 24, 2013 at 9:17 AM
  • 800px-20121123_SantaClaus-Chicago

    Antonin Scalia, Biglaw, Department of Justice, Election Law, Gay Marriage, Holidays and Seasons, Non-Sequiturs, SCOTUS, Supreme Court, Technology

    Non-Sequiturs: 12.23.13

    * Hughes Hubbard & Reed is doing its part to help fulfill wishes made in children’s letters to Santa at a time when the Post Office’s Operation Santa program is in desperate need. So to all you other Biglaw firms, the ball’s in your court. [USA Today]

    * Judge Timothy Black cited Justice Scalia’s dissent to reject Ohio’s gay marriage ban. I’m sure this is a cite that warms the justice’s heart. [Associated Press]

    * Professor Pam Karlan is off to become Deputy Assistant Attorney General for Voting Rights. Here’s the last article of the preeminent voting rights expert in her old role as a commentator at the Boston Review describing strange SCOTUS bedfellows. Good luck in the new job! [Boston Review]

    * Good news for Florida lawyers! The Florida Bar has revoked its opinion banning LinkedIn endorsements and recommendations. Go back to patting each other on the digital back. [IT-Lex]

    * Realtors are getting sued for using a home as a sex pad. Strangely enough, this isn’t even the first time we’ve talked about this at Above the Law. [New York Magazine]

    * Do you have to work over vacation? Probably, but it’s worth researching. [TaxProf Blog via Corporate Counsel]

    * We shouldn’t have been so surprised by the affluenza defense because North Texas is basically one big monument to the concept. [New York Times]

    * Here’s an infographic showing the most popular TV show set in each state. What legal shows make the list? [Business Insider]

    * The top 10 most ridiculous lawsuits of the year. Apple porn guy clocks in at a mere number 10? Outrage! Bigger outrage: they ultimately link to the HuffPo write-up of… the original Above the Law piece. Why no direct link, hm? Video embedded after the jump… [Faces of Lawsuit Abuse]

    0 Comments / / Dec 23, 2013 at 4:01 PM
  • Three cheers for "cultural capital."

    Antonin Scalia, Biglaw, Canada, Department of Justice, Election Law, Gay, Jed Rakoff, Law Professors, Law Schools, Morning Docket, Native Americans, Partner Issues, S.D.N.Y., SCOTUS, Supreme Court, Wall Street

    Morning Docket: 12.17.13

    * Despite his hatred of 3L classes like “Law and Unicorns,” Justice Scalia believes that the third year of law school is necessary — perhaps a necessary evil, but still necessary. [Memphis Daily News]

    * “[T]his excuse — sometimes labeled the ‘too big to jail’ excuse — is disturbing, frankly….” The eminently quotable Judge Rakoff is at it again, this time with harsh words for the DOJ. [New York Times]

    * According to the latest survey from Citi Private Bank’s Law Firm Group, managing partners think that 2014 will be better than 2013. This means bonuses will be the same next year. [Am Law Daily]

    * Attorneys from Wiley Rein are fighting for $2 million in fees in the wake of their SCOTUS win in the Shelby County Voting Rights Act case. The firm’s quest has been called “absurd.” [National Law Journal]

    * “The record is utterly devoid of any evidence of criminal intent or intentional misconduct.” It turns out that Guy Lewis and Michael Tein, the attorneys accused of malpractice by the Miccosukee Indians, weren’t bad after all. [Daily Business Review]

    * Rather than pegging its value at $1 million, a professor from a fourth-tier law school is promoting the “non-economic value” of a law degree. Can “cultural capital” repay your loans? [WSJ Law Blog (sub. req.)]

    * “[N]o law school in Canada should be allowed to weed out gay students.” Too bad. Trinity Western University, the law school that bans gay “sexual intimacy,” received preliminary approval. [Globe and Mail]

    * Law school specialization and you: follow these three simple steps to help you decide which niche you’ll be unable to find a job in after you graduate. [Law Admissions Lowdown / U.S. News & World Report]

    1 Comment / / Dec 17, 2013 at 9:13 AM
  • 225px-Abraham_Lincoln_November_1863

    Election Law, Guns / Firearms, Intellectual Property, Non-Sequiturs

    Non-Sequiturs: 11.15.13

    * A Pennsylvania newspaper just retracted its 1863 editorial panning the Gettysburg Address. Civil War CYA is all the rage these days. First Mississippi outlaws slavery, now this. [NBC News]

    * “Man fired cannon during dispute.” That sums it up. [My FoxNY]

    * Kai the Hatchet Wielding Hitchhiker indicted for the murder of an elderly lawyer. His defense should invoke his maxim “even if you make mistakes you’re lovable.” [Huffington Post]

    * The man who shot and killed Renisha McBride was charged with second-degree murder, manslaughter, and a felony firearm charge. [CBS Detroit]

    * Chief Judge Jonathan Lippman needs to give up this dumb quest to change New York law to keep his job. [Overlawyered]

    * Anti-religious jury tactics in intellectual property cases. Jesus! Or, not Jesus. Or, whatever. [Patently-O]

    * Law is complex and nuanced and that’s a good thing. [Popehat]

    * A follow-up on a previous item. Election fraud complaint dismissed in the case of Machiavellian Alabama Greeks. [Chronicle of Higher Education]

    * Speaking of the Gettysburg Address, here’s how it would go down with modern political consultants per the great Bob Newhart. Routine after the jump… [YouTube]

    2 Comments / / Nov 15, 2013 at 4:58 PM
  • The Duke Brothers

    Barack Obama, Election Law, Insider Trading, Mergers and Acquisitions, Morning Docket, Pepper Hamilton, Securities and Exchange Commission, Technology

    Morning Docket 11.12.13

    * Who are the real victims of insider trading? It’s the Duke brothers, duh. [DealBook / New York Times]

    * Judge Ellen Huvelle has ordered the government to turn over to her an executive order that the feds claim is subject to executive privilege. Judge Huvelle rejected the administration’s argument that privilege exists because, “we don’t want to give it to you.” [Politico]

    * Pepper Hamilton has joined the greener pastures of Silicon Valley, opening an office with three partners poached from Goodwin Proctor. [Reuters Legal (sub. req.)]

    * Speaking of poaching, Martin Dunn, former deputy director of the SEC and O’Melveny partner is joining Morrison & Foerster. [The Blog of the Legal Times]

    * And while we’re at it, M&A partner Sean Rodgers has left Simpson Thacher to merge with Kirkland & Ellis. [The AmLaw Daily]

    * Publisher ALM (The American Lawyer, Corporate Counsel, The National Law Journal, The New York Law Journal) has a new technology partner and hopes to boost its readership. If they want to boost their readership, wouldn’t starting a new law school be a better investment? [Talking Biz News]

    * Conservative groups are miffed about video of this Democratic party lawyer “attacking” a Republican at the polls and trying to “steal” an election. It seems like he put his hand over the lens of a camera phone, but sure, this is exactly like telling minorities the wrong day to vote. [Bearing Drift]

    * The Amanda Knox case has a trade secret component as a battle rages over DNA testing technology. [Trade Secrets Watch / Orrick]

    1 Comment / / Nov 12, 2013 at 9:05 AM
  • CVHS_Arab_Mascot

    Basketball, Books, Death Penalty, Election Law, Non-Sequiturs, Sports, United Kingdom / Great Britain

    Non-Sequiturs: 11.08.13

    * 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]

    2 Comments / / Nov 8, 2013 at 5:04 PM