Free Speech
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Free Speech, Guns / Firearms, iPhone, Law Schools, Legal Ethics, Media and Journalism, New Jersey, Non-Sequiturs, Technology
Non-Sequiturs: 09.19.13
Ed. note: Above the Law will be signing off early to begin the ATL/Kaplan Bar Crawl Review. Follow along on social media (Twitter and Facebook) or on the liveblog post after NS, or better yet, come out and join us! * A Facebook “Like” is protected by the First Amendment. ATL Likes this. [Atlantic] * You can’t get a Frappuccino to go with your Kalashnikov any more. [WSJ Law Blog (sub. req.)] * The stand-up comic judge has been shut down by the New Jersey Supreme Court in a 7-0 decision. Everyone’s a critic. [ABA Journal] * An interview with Alan Page of the Minnesota Supreme Court, and formerly a Defensive Tackle for the Minnesota Vikings. Page’s hometown has a bust of him on display. Not so impressive until you realize he’s from Canton, Ohio.[Coverage Opinions] * If you’re looking for some more legal content related to International Talk Like a Pirate Day, check out Buried Treasure: Finders, Keepers, and the Law. [ABA] * A list of everything you should be doing with your time instead of getting a law degree. [Yahoo!] * Welcome Chris Geidner as the new legal editor of BuzzFeed. In addition to some great content, like his amazing profile of Edie Windsor (first link), stay tuned for “25 Ways Justice Alito Is Like This Cat.” [New York Observer] * If you’ve upgraded your iPhone to iOS 7, you’re probably annoyed right now. Here are some tips to help preserve your battery life. We can do nothing about fixing how ungodly ugly it is. [Tuaw] -
Antitrust, Biglaw, Books, Deaths, Divorce Train Wrecks, Douglas Ginsburg, Fenwick & West, Free Speech, Intellectual Property, Law Professors, Law Schools, Media and Journalism, Morning Docket, Partner Issues, Patents, SCOTUS, Suicide, Supreme Court, Technology, Theater
Morning Docket: 09.13.13
* Congrats to @FenwickWest on landing the big Twitter IPO! #yaylegalfees [American Lawyer]
* The Deal Professor, Steven Davidoff, surveys the legal landscape around the Twitter filing, focusing on the #JOBSAct. [DealBook / New York Times]
* Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]
* An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]
* Good news for the news business: the Senate Judiciary Committee approves a federal media-shield bill. [Washington Wire / Wall Street Journal]
* Nathan Myhrvold, the CEO of a patent holding company, warns that anti-patent-troll sentiment could have unforeseen consequences. [Corporate Counsel]
* Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [Wall Street Journal (sub. req.)]
* Congrats to George Mason Law on its two high-profile hires: D.C. Circuit Judge Douglas Ginsburg and Covington antitrust partner Damien Geradin. [The BLT: The Blog of Legal Times]
* If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]
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Banking Law, Craigslist, DUI / DWI, Free Speech, Guns / Firearms, Jed Rakoff, Non-Sequiturs, Politics, Securities and Exchange Commission, Securities Law
Non-Sequiturs: 09.10.13
* How low can the legal market go? Manhattan firm lists full-time associate opening for $10/hr. “NY to 10.” (Screenshot here if the ad is removed). [Craigslist] * Iowa is giving out gun permits to the blind. Sadly this is not a new phenomenon as David Sedaris explained years ago. [FindLaw] * Business Insider has fired its CTO because… he’s a jerk. An important lesson in what free speech does and doesn’t mean. [Popehat] * A UNC professor pulled over for a DWI has sparked a Fourth Amendment battle because she was arrested by a fire truck. [Fox News] * Banks facing SEC enforcement actions are basically just spinning a roulette wheel and praying it doesn’t land on “Rakoff.” [Ramblings on Appeal] * On a related note, Senator Elizabeth Warren spoke at the AFL-CIO conference and discussed the corporate capture of the federal courts (at 1:23:45 after the jump)…
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Free Speech, Gay, Gay Marriage, Lesbians, Pictures, Politics, Religion, Weddings
Why Using Anti-Discrimination Laws Against Wedding Photographers Doesn't Work
Conservative columnist Tamara Tabo argues against using the law to force businesses to provide services to same-sex couples’ weddings. -
Election Law, Food, Football, Free Speech, Non-Sequiturs, United Kingdom / Great Britain
Non-Sequiturs: 08.30.13
Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday. * Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com] * A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog] * The NFL looks to London. Tax laws are one of many obstacles. [Grantland] * From partner to delivery boy. But hey, definitely go to law school kids! [St. Louis Post-Dispatch] * A thorough look at the legality of the pending Syria strike. Obama administration addresses these grave concerns with the phrase, “Talk to the hand.” [Foreign Affairs] -
Antitrust, Constitutional Law, Election Law, Free Speech, Politics, Religion, Texas, Videos
Laws Make Strange Bedfellows
Antitrust, Sharia law, voter suppression, it's a legal potpourri... -
Bar Exams, California, Federal Judges, Free Speech, Law Schools, Quote of the Day
A Law School Whose Grads Fail The Bar Exam 93 Percent Of The Time
You'd want to keep that sad statistic under lock and key, too! -
Craigslist, Defamation, Eminent Domain, Facebook, Free Speech, Job Searches, Jury Duty, Movies, Non-Sequiturs, Technology, Trusts and Estates, Twittering
Non-Sequiturs: 08.15.13
* The Washington Post’s website was hacked by supporters of Syrian President Bashar al-Assad in what was apparently supposed to be a coordinated attack on Western media outlets. This marks the second time in 10 days that the Post has been brutally taken over by Internet geeks. [Washington Post] * An 18-year-old girl took to Facebook to suggest that a 15-year-old girl has herpes. She was convicted of harassment. Putting aside all the hand-wringing over cyberbullying and the First Amendment, what kind of loser Senior is feeling threatened by a Sophomore? [IT-Lex] * New Mexico’s Supreme Court would like to remind everybody that “not speaking English” is not an acceptable method of escaping jury duty. So stop practicing Klingon to get out of your jury summons. [FedSoc Blog] * The Eminent Domain issues surrounding building a giant wall to keep out the giant inter-dimensional monsters from Pacific Rim. I’ll be damned if they obstruct the view from my beach house just because a 10-story hellbeast is sauntering out of the water! [Law and the Multiverse] * Screwing around on a laptop during class can lead to as much as an 11 percent decline in attentiveness. It was so much easier to pay attention when we just had pen and paper and spent the whole class playing Dots and Boxes. [PrawfsBlawg] * Mississippi police are on the hunt for someone managing a parody Twitter account mocking a couple of local politicians. Congratulations Mississippi! You’ve solved all the other crime problems and can turn to stroking the egos of butthurt politicians. [The Daily Dolt] * Are you interested in being a trusts & estates lawyer in the Bay Area? Are you interested in making about $5/hr? Then we’ve got the firm for you! Screenshot after the jump in case this link gets taken down… - Sponsored
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Attorney Misconduct, Bar Exams, Biglaw, California, Crime, D.C. Circuit, Federal Judges, Free Speech, Law Schools, Layoffs, Legal Ethics, Morning Docket, Patton Boggs, Wells Fargo
Morning Docket: 08.09.13
* As “one of the most respected appellate judges of her generation,” Patricia Wald, the first woman appointed to the D.C. Circuit, was awarded the Medal of Freedom. Congrats! [Blog of Legal Times]
* Biglaw firms saw “anemic” growth in the first half of 2013, and according to the latest Wells Fargo survey, some “minor cuts” are expected in headcount. Well, that’s just great. [Am Law Daily]
* “It is a period of significant change for the firm. That requires some hard decisions.” Patton Boggs has already conducted layoffs, so what could possibly be next for the firm? [Wall Street Journal (sub. req.)]
* Sorry guys, but it looks like Reema Bajaj’s bajayjay will be out of session for the foreseeable future. The attorney accused of exchanging sex for office supplies has agreed to a three-year suspension of her law license. [Chicago Tribune]
* Rather than be bought out by InfiLaw (it could “diminish the value of their degrees”), Charleston School of Law alumni are trying to organize a merger with a public school. Good luck with that. [Greenville News]
* Nebraska will offer a doctorate in space law, which makes sense because… f**kin’ magnets, how do they work? But really, we’re willing to bet it’s because of all of the crop circles in the state. [Miami Herald]
* No joke necessary: This law school claims its rights are being infringed upon because it has to disclose how many of its graduates — 7 percent at last count — have passed the bar. [WSJ Law Blog (sub. req.)]
* Two of Dzhokhar Tsarnaev’s friends were indicted on obstruction of justice charges. If convicted, the pair will face up to 20 years in prison, and they don’t even have a Facebook fan page to show for it. [Bloomberg]
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3rd Circuit, Attorney Misconduct, Baseball, Biglaw, Breasts, Education / Schools, Free Speech, In-House Counsel, Law Schools, Legal Ethics, Media and Journalism, Morning Docket, Sports, Technology, Washington Post
Morning Docket: 08.06.13
* Judges on the Third Circuit bench must really ♥ boobies. Breast cancer awareness bracelets can’t be banned by public schools if they aren’t lewd and if they comment on social issues. [Legal Intelligencer]
* A bevy of Biglaw firms were involved as advisers in the sale of the Boston Globe, Newsweek, and the Washington Post, including Cleary Gottlieb, Cravath, and Morgan Lewis, among others. [Am Law Daily]
* After surviving a motion for disqualification, Quinn Emanuel will continue to represent Snapchat. A short video of John Quinn laughing his ass off will be available for the next 10 seconds. [TechCrunch]
* Alex Rodriguez, the only MLB player who will be appealing his drug-related suspension, has hired Reed Smith and Gordon & Rees to hit it out of the park during arbitration proceedings. [Am Law Daily]
* Don’t say we never did you any favors: Here are the top 5 mistakes new in-house counsel make from the perspective of outside counsel. Take a look before you make them yourselves. [Texas Lawyer]
* We saw this coming back in June (seventh item), but now it’s official. Prenda Law has dissolved after posting six figures in bonds for various ethical sanctions. Next step, bankruptcy? [National Law Journal]
* If you’re interested in applying to a top 14 law school, make sure your stats and your story are both compelling. No one likes a boring law student. [Law Admissions Lowdown / U.S. News & World Report]
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Free Speech, Google / Search Engines, Pornography, United Kingdom / Great Britain
With The Country Distracted By Updates From Kate's Womb, David Cameron Tries To Take Away English Porn
The Royal Family could learn something about dictatorial power from David Cameron. -
Bar Exams, Constitutional Law, Free Speech, Texas
Texan Claims Bar Exam Is Unconstitutional -- Which Kind Of Proves Why We Need Bar Exams
It's unconstitutional to make me take this exam... -
Constitutional Law, Free Speech, Kids, Social Media, Social Networking Websites, Texas, Violence
Terroristic Threat Laws & A Texas Teen: There But For The Grace Go We
Have you ever written something stupid and intemperate on the internet? Watch out.
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Biglaw, Department of Justice, Free Speech, Law Schools, Media and Journalism, Money, Morning Docket, NALP, National Association for Law Placement (NALP), SCOTUS, Social Media, Social Networking Websites, Supreme Court, Technology
Morning Docket: 06.24.13
* With a sharp focus on the Supreme Court and the legal definition of equality, only one thing’s for sure with respect to this week’s anticipated rulings: at least one group of people is probably going to get screwed. [New York Times]
* And lest we forget, thanks to our society’s near slavish obsession with social media and knowledge on demand, we’ll salivate uncontrollably as we wait for those opinions while the justices blissfully ignore new technology. [New York Times]
* The Justice Department charged NSA leaker Edward Snowden with espionage, and now he’s pursuing political asylum in Ecuador with the assistance of legal counsel representing WikiLeaks. [NBC News]
* Biglaw firms are trying to strengthen their pricing power in a post-recession world, with average rate increases of 4.8% in 2012, and hourly rates soaring in New York City. [Wall Street Journal (sub. req.)]
* There were some bright spots in the otherwise dismal NALP job numbers for the class of 2012. Biglaw hiring is up, and so are median starting salaries. Sallie Mae is pleased as punch. [National Law Journal]
* If you’re considering law school, ask yourself these questions before applying. You should also ask yourself if you’re cool with unemployment. [Law Admissions Lowdown / U.S. News & World Report]
* Richard Trenk, author of the “ham-fisted” cease-and-desist letter that’s been read around the world, has been honored as the New Jersey Star-Ledger’s “Knucklehead of the Week.” Congrats! [Star-Ledger]
* There’s no solace for people who have had to pay to have their mug shot “depublished” from the internet. Sorry, the First Amendment allows people to turn a profit off your misery. [Washington Post]
* This lawsuit over unpaid internships filed against Gawker will sting any gossip girl’s heart to the core. But really, isn’t the privilege of working for Gawker enough? This fangirl thinks so. [New York Post]
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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, -
Attorney Misconduct, Bad Ideas, Biglaw, Constitutional Law, Free Speech, Legal Ethics, Partner Issues, Summer Associates, Women's Issues
Lawyer Claims His 'Slut-Shaming' Is Protected By the First Amendment -- Just Like the Founders Intended
Hell hath no fury like a patent practitioner romantically scorned. -
Books, Copyright, Football, Free Speech, Golf, Non-Sequiturs, Rape, Sports, Television
Non-Sequiturs: 05.07.13
* A senior litigation associate at Paul Hastings, Ryan Nier, has decided to participate in something called the Death Race, and it has nothing to do with the drive for partnership. This Death Race is 50-mile mountain endurance/obstacle race that takes somewhere between 24 and 48 straight hours to finish. Only a handful complete the race every year, and Nier is determined to be one of them. From what we’re told, Paul Hastings has been entirely supportive of Nier, which is cool because he’s using it as an opportunity to raise money for charity. But who knows how supportive they’ll be when they realize he won’t have Blackberry access on top of the mountain for 48 hours. For more information about the Death Race, check out the website. [The Death Race] * Law student golfing across the U.S. So, I take it summer associate gigs are still scarce? [Golf.com] * “Guess What the Air Force’s Chief of Sexual Assault Prevention Was Just Arrested For…” Hard to top that headline. [Lowering the Bar] * Harper Lee suing over “To Kill a Mockingbird” (affiliate link), alleging that the son-in-law of her literary agent botched the copyright. *Insert cheap Atticus Finch joke here* [Washington Post] * Gigi Jordan case gets even uglier with misconduct charges flying around. [Thompson Reuters News & Insight] * Dr. Phil is suing Gawker alleging that the website posted a video of the pop psychologist’s interview with Manti Te’o, stifling ratings. So Dr. Phil thinks his audience strongly overlaps with Gawker’s. I’m incredulous. [Yahoo! Sports] * This is why an over-aggressive cease and desist letter can get you into more trouble. Enter the world of the “miniature war-gaming community.” [Popehat] * A guide to the questions applicants need to be able to answer at OCI. The best? “Describe a situation when you had to think on your feet to extricate yourself from a difficult situation.” This provides insight into how the applicant will deal with virtually every situation that ever comes up in Biglaw. [Ms. JD] -
Books, Conferences / Symposia, Free Speech, Pictures, SCOTUS, Sonia Sotomayor, Supreme Court
It's Her Beloved World, And We're Just Living In It: Justice Sotomayor Speaks on Free Speech
Justice Sotomayor spoke at a writer's conference in New York yesterday. Here's an account of what she had to say (plus pictures). -
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] -
Free Speech, Nude Dancing, Quote of the Day, Sex, Texas
Judge Strips Gentlemen's Club Case to Bare Facts
To the Judge: I see what you did there...