Election Law

Note: This is not using proper, Catalyst-branded rolling papers.

* 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]

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‘Try and make it look painful, we’ve got a bloodthirsty audience here!’

* 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]

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Edward Snowden

* 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]

* 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]

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Three cheers for “cultural capital.”

* 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 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]

* 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]

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* 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 Procter. [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]

* 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]

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“[O]ne familiar with the profound debates that ushered our Federal Constitution into existence is bound to respect those who remain loyal to the ideals and dreams of ‘Our Federalism.’ The concept does not mean blind deference to ‘States’ Rights’ any more than it means centralization of control over every important issue in our National Government and its courts. The Framers rejected both these courses. What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States. It should never be forgotten that this slogan, ‘Our Federalism,’ born in the early struggling days of our Union of States, occupies a highly important place in our Nation’s history and its future.”

– Justice Hugo Black, Younger v. Harris

Our Federalism. Our dear Federalism. Justice Black described this vaunted principle when deciding in 1971 that federal courts must show some restraint when interfering with state criminal prosecutions.

“Our Federalism,” though, only works when you work it. The many conservatives (myself included) who trumpet these principles in briefs, articles, and opinions ought to view this not simply as an academic matter but as a personal political responsibility as citizens.

For all the caterwauling on all sides about national politics and for all the petticoat-clutching over Our Federalism, it is shameful when those same folks can’t name a single member of their city council or school board or state supreme court. . . .

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* Lawyers are too lonely. Well, it’s not easy to find friends when you’re the most despised profession in the world. [Law and More]

* A prosecutor managed to shoot out the window of the D.A.’s office while playing with another prosecutor’s gun. The boss is mad, but really, what’s the point of having guns if you can’t treat them like toys? [Waco Tribune]

* Typical traffic stop turns into anal cavity search because clenching your buttocks during a pat down is probable cause for a prostate exam. [KOB 4]

* Lawyer informed by judges that “not everything on the internet is reliable.” [IT-Lex]

* It’s release day for Keith Lee’s new book The Marble and the Sculptor: From Law School to Law Practice (affiliate link). [Associate's Mind]

* Texas has hired Texas Law grad Steve Patterson as its new athletic director, poaching him from the same position at Arizona State. I wonder if Todd Graham will slimily bail on another school and join his old boss at Texas when Mack Brown is unceremoniously fired. [CBS Sports]

* Michelle Mumford, the former Milbank associate who went public with her negative experience of being pregnant working in the firm’s litigation department, is now the admissions dean at BYU Law. If any institution is sympathetic to pregnancy, it would be the Mormon Church. [The Careerist]

* Professor Pamela Karlan explains how political gridlock is the result of the Framers’ failure. I refuse to believe a gathering of slaveholding farmers didn’t construct a perfect system. [Boston Review]

* Judge tells lawyers they can’t withhold their fee structure as confidential when he can look it up in other cases. Was their theory that the judge was stupid? [South Florida Lawyers]

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