Election Law

  • O.J._Simpson_1990_·_DN-ST-91-03444_crop

    9th Circuit, Antitrust, Biglaw, Bloomberg, Election Law, Eric Holder, Food, Gambling, Gambling / Gaming, Non-Sequiturs, O.J. Simpson, Women's Issues

    Non-Sequiturs: 07.25.13

    * This afternoon, O.J. Simpson pleaded with the parole board in Nevada. For now, the Juice is still on ice. [USA Today]

    * Four South Korean firms allegedly fixed the price of ramen noodles for over a decade. You mean that s**t can be cheaper? [Courthouse News Service]

    * Do you want to make sure the NSA can’t read your email? Join the NSA! [Lowering the Bar]

    * Eric Holder is going forward with efforts to halt the new Texas voting requirements pursuant to the bail-in procedure. But how will he ever prove a substantial history of constitutional violations in Texas? [The Volokh Conspiracy]

    * The Ninth Circuit has affirmed Judge Dolly Gee’s earlier denial of Fox’s request for a preliminary injunction against Dish Network over its special, ad-skipping DVR. It’s a testament to how much power the networks have thrown around that this is treated like an amazing new technology — I bought an ad-skipping DVR from ReplayTV in 2001. [The Verge]

    * Chicagoland preacher facing federal fraud charges announces: “Because of Judge Sharon Coleman’s continual mocking of God’s ecclesiastical order and the sanctity of family/marriage, the wrath of God almighty shall soon visit her home.” Federal authorities were not amused. [Chicago Tribune]

    * A NJ state judge declares that Atlantic City casinos can control the weight of its waitresses. Because overweight waitresses are the reason no one goes to Atlantic City anymore. [My Fox NY]

    * Noam Scheiber of The New Republic interviewed about his article The Last Days of Big Law, as discussed here. Video after the jump… [Bloomberg Law via YouTube]

    1 Comment / / Jul 25, 2013 at 5:25 PM
  • NCAA_logo.svg

    Barack Obama, Basketball, Constitutional Law, Election Law, Football, Google / Search Engines, Non-Sequiturs, Politics, SCOTUS, Sports, Supreme Court, Video games

    Non-Sequiturs: 07.09.13

    * Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]

    * More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]

    * The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]

    * What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]

    * Mayer Brown reports that Mexican leaders are lining up behind energy sector reform. [Breaking Energy]

    * Ever wonder about the extent of Internet censorship around the world? Here’s a handy chart showing how Google is censored in various countries around the world. [io9]

    * Obama caves to Republican requests to suspend law. Republicans label Obama tyrannical for suspending that law. Bravo. [Wall Street Journal]

    3 Comments / / Jul 9, 2013 at 5:45 PM
  • A jabot is great for catching drool.

    Barack Obama, Federal Judges, Law Schools, Layoffs, Morning Docket, Murder, Old People, Politics, Privacy, Prostitution, Ruth Bader Ginsburg, Trials

    Morning Docket: 07.08.13

    * No, silly, Ruth Bader Ginsburg isn’t “too old” to be a Supreme Court justice. So what if she uses the SOTU address as her personal naptime? She’s brilliant, and everyone loves her. [Los Angeles Times]

    * “Justice delayed due to overworked judges can … mean justice denied,” and Obama’s got a lot of work ahead of him due to a “uniquely high” amount of judicial vacancies on his watch. [National Law Journal]

    * After the SCOTUS ruling on the Voting Rights Act, Southern states have rushed to push out voter ID laws. But isn’t that discriminatory? “Not true, not true,” as Justice Alito would say. [New York Times]

    * It turns out the Foreign Intelligence Surveillance Court’s redefinition of the word “relevant” is what has allowed the NSA to collect anything and everything. Say au revoir to privacy! [Wall Street Journal (sub. req.)]

    * Layoffs: they aren’t just for Biglaw firms anymore! McGeorge Law School is downsizing its staff and student ranks due to an “unprecedented drop” in applications. Another one bites the dust; which law school will be next? [Sacramento Bee]

    * Client 9, aka Eliot Spitzer, announced his candidacy for NYC comptroller. He’ll run against Kristen Davis, the woman who once set him up with escorts. That’ll be an awkward debate. [New York Times]

    * As the prosecution rests its case and the defense’s acquittal motion is denied, a nation is left wondering whose voice it was on that 911 recording — Trayvon Martin’s or George Zimmerman’s? [CNN]

    9 Comments / / Jul 8, 2013 at 9:07 AM
  • marriage equality

    9th Circuit, Antonin Scalia, Ballard Spahr, Biglaw, California, Election Law, Elena Kagan, Gay, Gay Marriage, John Roberts, Law Firm Mergers, Minority Issues, Morning Docket, Patton Boggs, SCOTUS, Supreme Court

    Morning Docket: 07.01.13

    * Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]

    * The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]

    * Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]

    * In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]

    * On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]

    * Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]

    * Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]

    * Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]

    * Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]

    * Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

    9 Comments / / Jul 1, 2013 at 9:08 AM
  • So I says to Mabel, I says, "how do I avoid the Rule Against Perpetuities?"

    Department of Justice, Election Law, John Roberts, Labor / Employment, Non-Sequiturs, SCOTUS, Supreme Court, UVA Law

    Non-Sequiturs: 06.28.13

    * Half-Law office, Half-Barbershop. That makes sense, I’ve seen some haircuts that should be crimes. We hear they even have a $5 haircut special called “The Misdemeanor.” [New Britain Herald]

    * The editors of Ramblings on Appeal give their takes on Shelby County. Rarely has truer legal analysis been offered than characterizing Roberts’s decision as, “Oh and I have five people on my side, you only have four, so take that.” [Ramblings on Appeal]

    * UVA law professor Chris Sprigman has co-authored an op-ed calling out the NSA. Oh, that guy’s phone is getting tapped. [New York Times]

    * The Expert Institute continues to draw from popular culture to coach expert testimony. This time it’s Game of Thrones. It’s a handy set of lessons, but “Never Trust a Frey” deserved mention. [The Expert Institute]

    * The Justice Department is bringing on unpaid attorneys because slave labor is awesome and unpaid internships are never elitist and discriminatory. [Pro Publica]

    * On that note, Bar President calls for an end to unpaid 3L internships. Video after the jump…

    5 Comments / / Jun 28, 2013 at 5:12 PM
  • Supreme Court portrait 2013

  • Wendy Davis

    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]

    8 Comments / / Jun 26, 2013 at 9:17 AM
  • Supreme Court SCOTUS photo by David Lat

  • Supreme Court SCOTUS photo by David Lat

    Constitutional Law, Election Law, John Roberts, Minority Issues, Politics, Racism, SCOTUS, Supreme Court

    Supreme Court Rules That Section 4 of the Voting Rights Act Is Unconstitutional

    Section 4 of the Voting Rights Act has been struck down. Is there anything left?

    128 Comments / / Jun 25, 2013 at 10:45 AM
  • Rainbow_flag_and_blue_skies

  • Bad Employee

    Attorney Misconduct, Barack Obama, Biglaw, Crime, Election Law, FTC, Guantanamo Bay, Immigration, Lateral Moves, Law Firm Mergers, Law Schools, Legal Ethics, Minority Issues, Morning Docket, SCOTUS, Supreme Court

    Morning Docket: 06.18.13

    * Just like he said in 2008, President Barack Obama says that he’s going to close Guantanamo Bay, and this time, he means it. No, really, he appointed a Skadden partner to handle it, so we know he means business now. [Blog of Legal Times]

    * The Supreme Court just invalidated Arizona’s proof-of-citizenship voter registration law, so of course Ted Cruz wants to add an amendment to the Senate immigration reform bill to require citizenship to vote because, well… duh. [Politico]

    * According to a Pew Research survey, a majority of Americans think Edward Snowden should be prosecuted for his NSA leaks. It’s also likely that same majority don’t even know what Edward Snowden leaked. [USA Today]

    * It looks like Jon Leibowitz, the FTC’s ex-chairman, got some great birthday presents this week. Davis Polk partnership and a SCOTUS victory aren’t too shabby. [DealBook / New York Times]

    * They don’t give a damn ’bout their bad reputation: malpractice claims filed against attorneys and firms were up in 2012, and some say mergers and laterals are to blame. [WSJ Law Blog (sub. req.)]

    * If you’re worried about your low GPA when applying to law school, you haven’t been reading the news. You’ll get in everywhere you apply. [Law Admissions Lowdown / U.S. News & World Report]

    * ¡Ay dios mío! The Hispanic National Bar Association is hoping that a week spent in law school will inspire minority high school students to become lawyers in the distant future. [National Law Journal]

    6 Comments / / Jun 18, 2013 at 9:08 AM
  • Olympic_rings_without_rims.svg

    5th Circuit, Arnold & Porter, Edith Jones, Election Law, Insider Trading, Non-Sequiturs, Racism, Tax Law

    Non-Sequiturs: 06.10.13

    * The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]

    * Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]

    * Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]

    * To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

    * Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

    * Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]

    * Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]

    * Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]

    * The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]

    * More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]

    * If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker…

    2 Comments / / Jun 10, 2013 at 5:31 PM
  • Phoenix_School_of_Law

    Election Law, Law Schools, Movies, New Jersey, Non-Sequiturs

    Non-Sequiturs: 06.04.13

    * If you checked out our story about the 3L seemingly taking over the admissions department at Indiana University, head on over again because there’s an update. [Above the Law]

    * Two former professors have sued the Phoenix School of Law for valuing profits over students and faculty. If you can’t trust your local diploma mill, who can you trust? [Connecticut Law Tribune]

    * On June 11, Atlas Obscura is hosting an interesting event called “Go Directly to Jail: Trespassing and the Law.” Ironically, the event requires advanced tickets. [Atlas Obscura]

    * Top myths about law school and the legal profession… from the desk of the dean of Thomas M. Cooley Law School. “Thomas M. Cooley is the second-best law school in the country” is strangely not one of the myths they address. [Cooley Law School Blog]

    * Legal blogging worlds collide when Law and the Multiverse guest posts on Volokh Conspiracy. [Volokh Conspiracy]

    * And while we’re on the subject of Law and the Multiverse, they update their spoiler heavy piece from a few weeks ago about the criminal liability of the Mandarin in Iron Man 3. [Law and the Multiverse]

    * Not much fallout yet, but Chris Christie just set the time for the special election to fill NJ Senator Frank Lautenberg’s seat. As far as I can tell, the date selected fulfills NEITHER of the statutes governing the issue, the relevant portions of which are provided after the jump…

    First, 19:27-6 — Congressional vacancies (emphasis added):

    If the vacancy happens in the representation of this State in the United States Senate the election shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do.

    Meaning the election should take place in November 2014, because we’re already within 70 days of the next primary.

    And then, 19:3-26 — Vacancies in United States senate; election to fill; temporary appointment by governor (emphasis added):

    If a vacancy shall happen in the representation of this State in the United States senate, it shall be filled at the general election next succeeding the happening thereof, unless such vacancy shall happen within 70 days next preceding such election, in which case it shall be filled by election at the second succeeding general election, unless the governor of this State shall deem it advisable to call a special election therefor, which he is authorized hereby to do.

    Meaning the election should take place on the date of the next general election in November.

    October 2013 fits neither of these requirements. Yay for making up law!

    5 Comments / / Jun 4, 2013 at 5:51 PM
  • Just take a compliance class, bro.

    Affirmative Action, Biglaw, Disasters / Emergencies, Election Law, Gay Marriage, Insurance, Job Searches, Law School Deans, Law Schools, Morning Docket, Pro Bono, Real Estate, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 05.29.13

    * This year, like every year before it, SCOTUS is saving the best cases (read: most controversial) for last. We’ll likely see opinions on voting rights, affirmative action, and gay marriage in June. [WSJ Law Blog]

    * We know of at least one Biglaw firm that will be putting its increase in gross revenue to work. Boies Schiller is planning to open its first office outside of the United States in the “near-term.” [Am Law Daily]

    * If you’d like to get paid under a terrorism insurance policy for your damages in the Boston bombings, you’ll have to wait; the bombings haven’t been certified as acts of terror yet. [National Law Journal]

    * Mandatory pro bono work is now required for bar admission in New York, but it’s still not enough to close the justice gap. Now Chief Judge Lippman wants to give non-lawyers a chance to provide legal services. [New York Law Journal]

    * Arizona Law recently made the announcement that interim dean Marc Miller has been instated as the school’s permanent dean. What’s not to like about a “new” dean and new tuition cuts? [UANews]

    * As many of our readers know, the job market is rough, but apparently if you take some compliance classes in law school, you’ll magically become employable. Great success! [Corporate Counsel]

    * Brooklyn Law, do you remember what your old dorm looked like? It’s different now that it’s been transformed into an apartment complex that’s no longer stained with the tears of law students. [Curbed]

    1 Comment / / May 29, 2013 at 9:04 AM
  • cbs

    Biglaw, D.C. Circuit, Election Law, Environment / Environmental Law, Eric Holder, John Roberts, Labor / Employment, Law Schools, Non-Sequiturs, SCOTUS, Small Law Firms, Supreme Court, Technology

    Non-Sequiturs: 05.24.13

    Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.

    * Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]

    * Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]

    * T.J. Duane of Lateral Link was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]

    * The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and its a free-for-all against workers. [Free Enterprise]

    * Law school applications are down, but not as drastically as expected. [Faculty Lounge]

    * In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]

    * A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]

    * Do potential clients really care about social media? I “Like” this story. [Associate’s Mind]

    * Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…

    3 Comments / / May 24, 2013 at 5:00 PM
  • Exploding courthouse toilet = a products liability attorney's dream.

    9th Circuit, Abortion, Barack Obama, Election Law, Federal Judges, Non-Sequiturs, Patents, SCOTUS, Supreme Court

    Non-Sequiturs: 05.22.13

    * In the Western District of Arkansas, judges have to forfeit judicial immunity to go to the bathroom. So if you want to sue a judge, you need to catch them when their pants are literally down. [Hercules and the Umpire]

    * Bowman v. Monsanto… in GIFs! [EffYeahSCOTUS]

    * Cooley boy makes good! President Obama nominated Christopher Thomas, a Cooley Law School grad and professor, to the Presidential Commission on Election Administration. [White House]

    * A judge threw out the fine against a New York artist as unconstitutionally harsh. The artist took an antenna from the trash and cops impounded his car and fined him $2,000. [Thompson Reuters News & Insight]

    * The Ninth Circuit struck down Arizona’s “Fetal Pain” Abortion Ban. Sounds like a viable decision. [PrawfsBlawg]

    * Work/life balance is when lawyers with kids throw their childless colleagues under a bus. [Slate]

    * If you’re reading transcripts of old trials and think the lawyers of yesteryear were smarter, you’re probably right. Western civilization has gotten dumber since the nineteenth century. The reason is summarized by the video after the jump….

    2 Comments / / May 22, 2013 at 5:03 PM
  • 300px-Adam_Schiff_-_L&O-RF

    Election Law, Free Speech, Politics, Reality TV

    District Attorney and Major TV Network Sued Over Stupid Reality Show

    A reality show about a district attorney may violate campaign finance laws,

    7 Comments / / May 22, 2013 at 11:25 AM
  • The Joker

    Morning Docket

    Morning Docket: 05.17.13

    * Soon to be former Acting IRS chief Steve Miller is on Capitol Hill right now getting his face kicked in. [Washington Post] * Allegedly, the mayor of Toronto smokes crack. [Gawker] * Will smart guns help dumb owners? [The Crime Report via WSJ Law Blog] * Donald Trump news! [Chicago Tribune] * Republicans in […]

    8 Comments / / May 17, 2013 at 9:22 AM