Election Law

  • 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…

    3 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
  • No Taxation

    Election Law

    New York City Loves Voting So Much It Might Let Foreigners Do It

    Non-citizens might get to vote in NYC. This will anger citizens who never vote in NYC elections…

    25 Comments / / May 9, 2013 at 2:17 PM
  • J

    Election Law, Federal Judges, Judicial Nominations, Money, Politics

    The High Price of the Federal Bench

    A minor scandal brewing in Las Vegas highlights the festering problem of campaign finance laws and federal judgeships.

    9 Comments / / May 7, 2013 at 11:19 AM
  • iStock_000011817070XSmall

    Basketball, Continuing Legal Education / CLE, David Boies, Drinking, Drudge Report, Election Law, Eugene Volokh, Free Speech, Law Schools, Non-Sequiturs, Police, Politics, Racism, Sports, Women's Issues

    Non-Sequiturs: 05.03.13

    * Eugene Volokh analyzes the free-speech issues raised by the prosecution of Anya Bargh, the UConn law student accused of sending anti-Semitic and racist emails. [Volokh Conspiracy]

    * Lawyerist thinks you suck, not the gunners. Discuss. [Lawyerist]

    * Law and the Multiverse now has CLE courses about comic books. Maintaining this license just got that much easier. [Law and the Multiverse]

    * Some new developments in the Ed O’Bannon case against the NCAA. Basically, discovery has not been kind to the NCAA. [Bloomberg]

    * All the editors-in-chief at Michigan Law are women. Now, if another 90 or so journals follow suit, Staci’s article will seem outdated. [Michigan Law]

    * Ruh-roh. Did David Boies blow the lid off campaign spending limits last cycle? [Huffington Post]

    * No, Mike Bloomberg was not denied a slice of pizza yesterday. [Gawker]

    * WARNING: If you understand math, the latest from NYPD Commissioner Ray Kelly will annoy the hell out of you. [PrawfsBlawg]

    * Man injured in a drunken fight sues the bar that he says should have cut him off. [Overlawyered]

    5 Comments / / May 3, 2013 at 4:26 PM
  • Cleta Mitchell RF

    Biglaw, Election Law, Fabulosity, Gay, Gay Marriage, Litigatrix, Partner Issues, Politics

    Cleta Mitchell of Foley & Lardner: An ‘Anti-Gay’ Gay Icon?

    Why is Cleta Mitchell the Judy Garland of Biglaw? And what secret from her past might be behind her active role in the anti-gay-marriage movement?

    31 Comments / / Apr 5, 2013 at 1:31 PM
  • Opening Day

    Barack Obama, Blogging, Election Law, Gambling / Gaming, Law Schools, New Jersey, Non-Sequiturs, Pro Se Litigants, Rankings, SCOTUS, Sports, Supreme Court, Technology

    Non-Sequiturs: 04.01.13

    * It’s amazing that sports betting is not legal in New Jersey. What possible moral wackadoodle says that it’s okay to have something like the Jersey Shore (the place, not just the TV show), but you can’t take Michigan to out-shoot the Syracuse zone and then break Louisville’s legs. [Legal Blitz]

    * Cloud tools for lawyers. Or as partners understand them: “Newfangled virtual file cabinets.” [Smart File Blog]

    * Pro se prisoner wins! He probably wouldn’t have had he consulted a lawyer. [Simple Justice]

    * Actually, congratulations to Christopher J. Paolella, who argued before the Court on behalf of Kim Millbrook — and scored a 9-0 victory. [Reich & Paolella]

    * Apparently “we gotta fix that” is Obama-speak for “Let’s form a commission to study how Republicans are disenfranchising voters instead of actually stopping them.” [NPR via Election Law Blog]

    * Goodbye and good luck to Bruce Carton of Legal Blog Watch. [Legal Blog Watch]

    * I thought this was a law already on the books in Mississippi. [The Onion]

    * Instead of Angie’s List ranking law schools, I’d like to see U.S. News ranking plumbers. Undoubtedly, they’d use size of exposed butt crack as a key factor. [TaxProf Blog]

    1 Comment / / Apr 1, 2013 at 5:41 PM
  • 'They tried to make me go to rehab, and I said... sure, it's better than jail!'

    American Bar Association / ABA, Antonin Scalia, Bankruptcy, Biglaw, Civil Rights, Department of Justice, Election Law, Federal Government, Gay, Gay Marriage, Gender, Labor / Employment, Lindsay Lohan, Loeb & Loeb, Money, Morning Docket, Paul Clement, SCOTUS, Supreme Court, Ted Olson, Trusts and Estates, Women's Issues

    Morning Docket: 03.19.13

    * President Obama nominated Thomas Perez, the head of the DOJ’s Civil Rights Division, to be the next secretary of labor. Republicans, of course, are all butthurtt, calling this a “needlessly divisive nomination.” [New York Times]

    * Let’s get ready to RUMBLE! Be prepared to see some legal heavyweights next week when the Prop 8 and DOMA cases are argued before the Supreme Court, including Paul Clement and Ted Olson. [National Law Journal]

    * How appropriate that Justice Scalia should break out the Spanglish for an Arizona voter registration law that requires proof of U.S. citizenship. Our beloved Wise Latina probably wasn’t too thrilled by this. [New York Times]

    * To promote pay equity in law firms, the ABA is encouraging bar groups to hold conferences on the topic. The question on everyone’s minds, of course, is whether those conferences are billable. [Thomson Reuters News & Insight]

    * Law schools aren’t the only places where transparency is lacking. Jeh Johnson, the DOD’s former general counsel, thinks the secrecy swirling around drone strikes is bad for the government. [At War / New York Times]

    * The members of Debevoise’s displaced trusts and estates practice team have been picked up by Loeb & Loeb. Enjoy your new home, and your new — presumably lower — compensation package. [Am Law Daily]

    * Lindsay Lohan took a plea deal yesterday, and instead of going to jail, she’ll be going to rehab to be kept under lock and key for 90 days. I’d say this is bad for her career, but who are we kidding? [Los Angeles Times]

    * Casey Anthony’s trustee just answered my prayers. He wants the ex-MILF to sell her story to pay off her debts. I demand that LiLo be cast in the role! She’s the only one broken enough to pull it off. [Washington Post]

    4 Comments / / Mar 19, 2013 at 9:05 AM
  • Mary Jo White 2

    Election Law, Morning Docket, Securities and Exchange Commission

    Morning Docket: 03.13.13

    * Hey, they actually found one instance of voter fraud. By a nun. I can’t wait for the GOP to try to construct an entire argument for restrictions on voter access based on this case. [Talking Points Memo] * Defense attorneys can go to jail for lying? In Detroit? Mind: blown. [Washington Post] * The […]

    7 Comments / / Mar 13, 2013 at 9:19 AM
  • Just $150K plus shipping and handling!

    Biglaw, D.C. Circuit, Deaths, Department of Justice, Election Law, Law Schools, Layoffs, Money, Morning Docket, Politics, SCOTUS, Supreme Court

    Morning Docket: 03.11.13

    * The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times]

    * If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post]

    * It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times]

    * Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily]

    * If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal]

    * Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette]

    * Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]

    1 Comment / / Mar 11, 2013 at 9:09 AM
  • nate silver RF

    Election Law, John Roberts, Quote of the Day, SCOTUS, Supreme Court

    You DARE Enter Nate Silver’s Domain, SCOTUS?

    Nate Silver politely slaps down Chief Justice John Roberts and his use of statistics during oral arguments.

    7 Comments / / Mar 8, 2013 at 4:46 PM
  • Election Law, Football, Lindsay Lohan, Non-Sequiturs, Sandra Day O'Connor, SCOTUS, Supreme Court

    Non-Sequiturs: 03.06.13

    * Darren Heitner writes about the new business of concussions in the NFL. Safety equipment manufacturers are working overtime to shield themselves from future litigation because, you know, there’s not much that can be done when you’re still intent on running the human head into another hard, moving object at full speed. [Forbes]

    * Welcome to Salem 2.0. This time it’s Salem, Missouri that tried to protect us from witchcraft by blocking Internet access to information about Wicca. A federal judge struck this down. Then hopped on a broom and skyrocketed away. [KDSK]

    * A Florida woman pulled a gun on Walmart employees who wouldn’t honor her $1 coupon. It’s Florida, so she had to stand her ground on that sh*t. [Lowering the Bar]

    * A 12-year-old boy got stoned and led police on a car chase. Live fast and die young, my friend. [Legal Juice]

    * More on Lindsay Lohan: After her lawyer, Mark Heller, got blasted as incompetent by the media (including us) and the judge in the case, Lindsay says she’s sticking with him. Because she’s shown a canny understanding of legal practice so far. [TMZ]

    * #Filiblizzard! That’s the Twitter hashtag that Senator Rand Paul coined to describe the confluence of a major D.C. snowstorm and Paul’s unabashed filibustering of the nominee to head the CIA. At the same time, there is another filibuster of Caitlin Halligan’s nomination to the D.C. Circuit. Remember when Harry Reid and Mitch McConnell hammered out a deal that would end the excessive filibusters? No. You don’t. Because that was just your Absinthe-fueled hallucination. [PrawfsBlawg]

    * Former Justice Sandra Day O’Connor was on the Daily Show. She didn’t seem to understand that Shelby County was about Section 5. [Election Law Blog]

    Full video after the jump….

    3 Comments / / Mar 6, 2013 at 5:48 PM
  • Will review documents for less than minimum wage?

    Dorsey & Whitney, Election Law, Job Searches, John Roberts, Law Schools, Money, Morning Docket, Patents, Sandra Day O'Connor, SCOTUS, Supreme Court

    Morning Docket: 03.04.13

    * “Do you know which state has the worst ratio of white voter turnout to African American voter turnout? Massachusetts.” Sorry, Chief Justice Roberts, but the Bay State’s top elections official begs to differ with your assessment. [WSJ Law Blog (sub. req.)]

    * This retired SCOTUS justice — the first woman to ever serve on the nation’s highest court — now refers to herself as “an unemployed cowgirl.” We wonder what Justice Scalia will refer to himself as in interviews after he retires. [Sacramento Bee]

    * Mayer Brown wasn’t the only Biglaw firm that had a terrible, horrible, no good, very bad year. Dorsey & Whitney’s 2012 revenue was also at a six-year low, but firm leaders think they can turn it around. [Star Tribune]

    * Billion-dollar patent verdicts, so hot right now: 2012 was a “banner year” for for Biglaw firms representing winning clients, with K&L Gates leading the pack for the highest monetary award. [National Law Journal]

    * “I wouldn’t want to be coming out of law school now.” Oh my God, you guys, the legal job market is still really tough for brand-spanking new law grads. This is new information that no one’s heard before. [Buffalo News]

    2 Comments / / Mar 4, 2013 at 9:04 AM