Free Speech

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. [The 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!]

* A warm welcome to 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]

* 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]

* 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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At the end of August, the New Mexico Supreme Court ruled in Elane Photography v. Willock that a Christian wedding photographer violated the New Mexico Human Rights Act (NMHRA) when it refused to photograph a lesbian couple’s commitment ceremony. (New Mexico does not currently permit same-sex marriage, though all the parties and the court frequently refer to the ceremony as a wedding.) This week, one of the parties in a similar controversy in Oregon, Sweet Cakes Bakery, announced that it would be closing shop, citing its opposition to baking wedding cakes for same-sex couples.

Elane Photography argued that it did not violate the NMHRA but, if it did, this application of the law violated the photography business’s Free Speech and Free Exercise rights under the First Amendment. The court disagreed, writing that “when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.”

Personally, I’d vote for same-sex marriage if I lived in a state considering such laws. Polygamy too, for that matter. If you are listening for a full-throated defense of traditional, heterosexual marriage to the exclusion of state recognition of any other arrangement, you won’t hear it here. I’m inclined to support religious understandings of traditional marriage, but I’m libertarian enough to let everyone — straight, gay, or otherwise — suffer through the headaches of having the government divide your assets when you get divorced.

Still, using anti-discrimination laws to mandate that all businesses operating as public accommodations provide services to same-sex couples’ weddings sounds like an unnecessary imposition on the sincere religious beliefs of others — and a great way to end up with lousy wedding photos….

double red triangle arrows Continue reading “Why Using Anti-Discrimination Laws Against Wedding Photographers Doesn’t Work”

She’s basically Boss Tweed in Tuscaloosa.

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]

I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?

Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.

Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…

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[O]n its face, the [bar passage] information is factual and uncontroversial. Prospective students are free to draw their own conclusions about its relevance. That [Southern California Institute of Law] may not like those conclusions is irrelevant.

– Judge James V. Selna (C.D. Cal.), in a tentative order dismissing the Southern California Institute of Law’s (SCIL) free speech suit against state bar officials, with prejudice. SCIL argued that having to share information on its website about its bar exam passage rates would force the school to adopt an “ideological belief that a law school should be judged by the passage rates of its graduates.” In the past five years, SCIL’s graduates have passed the state bar exam just 7 percent of the time.

(Keep reading to see Judge Selna’s full First Amendment smackdown.)

double red triangle arrows Continue reading “A Law School Whose Grads Fail The Bar Exam 93 Percent Of The Time”

Lex Luthor celebrates his purchase of the Washington Post.

* 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…

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Reema Bajaj

* 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]

* 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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