Gay Marriage

  • gay marriage 2 grooms small

    2nd Circuit, Constitutional Law, Federal Judges, Gay, Gay Marriage, Paul Clement, SCOTUS, Supreme Court

    Second Circuit Strikes Down Section 3 of the Defense of Marriage Act

    The Second Circuit, in an opinion by a conservative stalwart, Judge Dennis Jacobs, has struck down Section 3 of the Defense of Marriage Act (DOMA). Will this be the vehicle for Supreme Court review of DOMA?

    20 Comments / / Oct 18, 2012 at 11:40 AM
  • pay-up

    Antonin Scalia, California, China, Gay Marriage, Kids, Non-Sequiturs, Tax Law

    Non-Sequiturs: 10.01.12

    * This San Francisco attorney had a nice visit to the up-and-coming superpower across the Pacific. And by “nice,” I mean the Chinese tried to kill him and the U.S. State Department made things worse. [San Francisco Chronicle]

    * I’m sure there’s some sort of serious social commentary here about how gay marriage is good or bad, but I can’t figure out what it would be. Either way, this poor kid has had quite the rough go of it. [Althouse]

    * Monster Energy Drinks are under investigation from an as-yet unnamed state attorney general. Because apparently some people were unaware that drinking something that looks like liquid uranium may be unhealthy. [About Lawsuits]

    * The suspect in this multimillion-dollar scam graduated from Harvard Law in 1972. You stay classy, Cambridge. [ABC]

    * Glenn Reynolds explains why everyone just needs to suck it up and pay income taxes. [Instapundit]

    * Justice Scalia is interviewed again about his new book. Shockingly, no one took any shots at Judge Posner this time! [LA Review of Books]

    2 Comments / / Oct 1, 2012 at 6:12 PM
  • 'If there's one thing America needs, it's more lawyers!'

    7th Circuit, Gay, Gay Marriage, Google / Search Engines, Non-Sequiturs, Prisons, Privacy, Richard Posner

    Non-Sequiturs: 09.28.12

    * Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times]

    * As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald]

    * Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post]

    * Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing]

    * Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer]

    * A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris]

    * Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]

    7 Comments / / Sep 28, 2012 at 5:03 PM
  • AppleSamsungRuling_610x426

    5th Circuit, Edith Jones, Federal Judges, Gay Marriage, Gender, Job Searches, Judicial Divas, Law Schools, Midsize Firms / Regional Firms, Money, Morning Docket, Patents, Paul Clement, Technology

    Morning Docket: 09.28.12

    * Chief Judge Edith Jones of the Fifth Circuit, the judicial diva herself, will be stepping down from her role at the head of the bench earlier than expected, due to “family issues.” Perhaps she told someone to “shut up” too many times? [Tex Parte Blog]

    * Apple asked U.S. District Judge Lucy Koh to deny Samsung’s request that she bar all further communication with trial jurors, because the company claims it wants “equal access to information” (aka jury foreman Velvin Hogan). [Bloomberg]

    * “[T]here’s no way to preserve the definition of marriage [as one man and one woman] other than by preserving the definition. It becomes somewhat circular.” That, and you rely on law from 1885. Argh! [BuzzFeed]

    * ASU Law wants to move from Tempe to Phoenix, and to make it financially feasible, the school may increase enrollment and raise tuition. Sound like a good idea, prospective law students cash cows? [Arizona Republic]

    * Now compare/contrast: Stanford Law had to dip into its coffers to come up with the cash to cover its financial aid promises this year, but the school isn’t cutting out a dime that’s owed to students. [National Law Journal]

    * Massachusetts appealed the Michelle Kosilek sex-change ruling. The state claims it provided “adequate medical care,” but it’s questionable whether that was the case if the prisoner tried to castrate herself. [CNN]

    * Tully Rinckey, a midsize firm, is planning to open an office in Buffalo, New York, so it sent out recruitment letters to 5,469 attorneys in the region. Unemployed law grads: open the letter, it’s not a bill! [Buffalo News]

    4 Comments / / Sep 28, 2012 at 9:13 AM
  • uc-davis-pepper-spray

    Copyright, Divorce Train Wrecks, Education / Schools, Family Law, Law School Deans, Libraries / Librarians, Money, Morning Docket, Police, Pro Bono, Public Interest

    Morning Docket: 09.27.12

    * A former Cravath law librarian is fighting his “effective termination” from Southern Illinois University School of Law over alleged threats to bash a colleague in the head with a crowbar. How déclassé! What, was a champagne flute not available? [National Law Journal]

    * Is New York’s new mandatory pro bono requirement for admission to the bar too rigid a licensing rule? Compared to what it could have been, no, but obviously others disagree on this point. [Am Law Daily]

    * New York Law School’s dean thinks that experience in City Hall gives him an edge. In other news, after being sued over its employment stats, NYLS had the most applicants ever since 2008. Sigh. [New York Law Journal]

    * Jamie McCourt doesn’t think it’s very fair that she only got a $131M divorce payout when her ex-husband, Frank McCourt, ended up with $1.7B after he sold the Dodgers. #filthyrichpeopleproblems [Bloomberg]

    * “I’m in shock and I’m angry and I’m hurt and I’m flabbergasted and I’m livid.” You’d feel the same if you saw that your engagement photo was being used in an anti-gay marriage mailer. [City Room / New York Times]

    * Don’t mind me, I’m just watering my hippies: in a proposed settlement, the University of California is offering $30K to each of the students who were pepper-sprayed by a police officer at UC Davis last year. [CNN]

    13 Comments / / Sep 27, 2012 at 9:06 AM
  • Supreme Court SCOTUS small

    Affirmative Action, Constitutional Law, Election Law, Elena Kagan, Gay, Gay Marriage, Minority Issues, Paul Clement, Politics, SCOTUS, Supreme Court, Texas, Thomas Goldstein

    A Preview of the Upcoming Supreme Court Term (OT 2012)

    Here’s a preview of the upcoming Supreme Court Term, featuring the insights of Paul Clement and Tom Goldstein.

    5 Comments / / Sep 26, 2012 at 10:37 AM
  • Baby with Rainbow Flag

    Biglaw, Crime, Department of Justice, Election 2012, Election Law, Gay Marriage, Law School Deans, Morning Docket, Partner Issues, Partner Profits, SCOTUS, Supreme Court, Violence

    Morning Docket: 09.25.12

    * Will the members of the Supreme Court announce which gay marriage issues they’ll be hearing this term any time soon? With Proppsition 8 appeal and several DOMA appeals on hand, there’s certainly a lot for them to choose from. [CNN]

    * It’s beginning to look a lot like Biglaw, everywhere you go: lawyers are miserable, clients are unhappy, and apparently profits per partner are all to blame. Gee, thanks for those rankings, Am Law, they were really helpful. [DealBook / New York Times]

    * Instead of arguing over font size, the Department of Justice argued law yesterday during closing arguments in its attempts to convince a three-judge panel to strike down South Carolina’s voter ID statute. [National Law Journal]

    * Unlike Elizabeth Warren, he’s no “Fauxcahontas”: Kevin Washburn, the dean of the University of New Mexico Law School, has been confirmed by the Senate to oversee the Bureau of Indian Affairs. [Washington Post]

    * If you’re going to allegedly slash someone’s face in an attempt to defend your honor, at least do it with class like this Columbia Law grad, and use a broken champagne flute as your weapon of choice. [New York Post]

    5 Comments / / Sep 25, 2012 at 9:08 AM
  • How festive!

    Antonin Scalia, California, Drugs, Election Law, Fashion, Fashion Is Fun, Gay Marriage, Marijuana, Non-Sequiturs, Politics, Richard Posner, SCOTUS, Supreme Court, Technology

    Non-Sequiturs: 09.21.12

    * You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate]

    * Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse]

    * Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight]

    * Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg]

    * Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette]

    * You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw]

    0 Comments / / Sep 21, 2012 at 5:30 PM
  • Supreme-Court-SCOTUS-photo-by-David-Lat1

    Affirmative Action, American Constitution Society (ACS), Constitutional Law, Gay, Gay Marriage, Minority Issues, SCOTUS, Supreme Court, Texas

    Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term to Non-Lawyers

    October first is the start of the new Supreme Court term, and Matt Kaiser has some ideas on how you can bluff your way through knowledge about OT 2012…

    6 Comments / / Sep 21, 2012 at 12:21 PM
  • Looks like Fiona was picturing all the "Criminal" headline puns that she knew were coming.

    Celebrities, Drinking, Federal Judges, Football, Gay, Gay Marriage, Marijuana, Non-Sequiturs

    Non-Sequiturs: 09.20.12

    * In the continuing tales of “It’s not easy being Green(berg)” the firm is settling more than 30 claims from NFL players who say the firm didn’t warn them about investing in an unlicensed casino project. Well, at it’s least better than investing in unlicensed dog-fighting. [Daily Business Review]

    * Professor Dale Carpenter, author of a new book (affiliate link) about Lawrence v. Texas, wonders: If gay marriage goes to SCOTUS, could Justice Scalia get hoisted with his own petard? [SCOTUSblog]

    * Fiona Apple was arrested for pot at the same Texas border stop as Willie Nelson, Snoop Dogg, and hacker wunderkind George Hotz. What she needs is a good defense… attorney. [TMZ]

    * If I got stuck behind one of these d-bags who pays tolls with a hundred-dollar bill, I would be more concerned about whether it’s a civil rights violation for me to smash their back window with a tire iron. [FindLaw]

    * Hey beer nerds, the top secret White House brew recipe has been declassified. This is some crucial government transparency in action. [Legal Blog Watch]

    3 Comments / / Sep 20, 2012 at 5:51 PM
  • American Bar Association / ABA, Bankruptcy, Biglaw, Boutique Law Firms, California, Deaths, Federal Judges, Food, Gay, Gay Marriage, Intellectual Property, Law Firm Mergers, Law Firm Names, Law Schools, Legal Ethics, Morning Docket, Movies, Partner Issues, Ruth Bader Ginsburg, SCOTUS, Supreme Court, YouTube

    Morning Docket: 09.20.12

    * Are you ready for some Supreme gossip? In remarks delivered at Colorado Law, Supreme Court Justice Ruth Bader Ginsburg predicted that the Defense of Marriage Act would be argued “toward the end of the current term.” [CBS News]

    * Dewey’s version of trying to curry favor for the proposed $72M partner settlement? Filing a deposition transcript noting that others could’ve also been blamed for D&L’s downfall, but weren’t due to time constraints. Gee, thanks. [Am Law Daily]

    * Novak Druce + Quigg and Connolly Bove Lodge & Hutz will merge to form Novak Druce Connolly Bove & Quigg, the 7th largest IP firm in the U.S. Guess seven name partners was a bit much. [Delaware Law Weekly]

    * Michael McShane was nominated by President Obama to fill a judgeship in Oregon. If confirmed, he’d be one of the few openly gay judges on the federal bench, which, of course, would be absolutely fabulous. [Oregonian]

    * The Institute for Inclusion in the Legal Profession wants the ABA to amend the Model Rules of Professional Conduct to include a duty to promote diversity. Because we clearly need a rule on that. [National Law Journal]

    * Cindy Garcia, an actress from “Innocence of Muslims” is suing, claiming that she was duped into the role under false pretenses. She wants the film removed from YouTube. Everyone else does, too, lady. [Bloomberg]

    * A judge refused to issue an injunction against the California ban on foie gras, instead allowing a suit on the same topic to move forward. Oh mon dieu, judge, think of all the poor Francophiles! [San Francisco Chronicle]

    * Joshua Morse III, former dean of Mississippi Law who defied segregation, RIP. [New York Times]

    6 Comments / / Sep 20, 2012 at 9:09 AM
  • The future of arrest record expungement?

    Cars, Eric Holder, Gay Marriage, Non-Sequiturs, Religion, Sex, Videos

    Non-Sequiturs: 09.19.12

    * Contra Costa County prosecutors haven’t gone on strike yet. But they’re still considering it. Are they gonna do something, or just stand there and litigate? [CBS]

    * This George Mason law prof really doesn’t want gays to be able to get married. As the ATL CommentBot will undoubtedly note, I disagree with him. But you gotta give Professor Nelson Lund credit for writing a hell of an opening line though. [SCOTUSblog]

    * Feminists took back the word “c**t, so why can’t creationists take back dinosaurs? It’s exactly the same… well, not exactly the same thing, but they’re totally similar. [Althouse]

    * Successful scapegoat is successful? [Instapundit]

    * Why don’t we just do it in the road, driving down the interstate? Someone will be watching us, so we’ll just run them off the road — and threaten them with our pistols! [Legal Juice]

    * Yes, but would it be libel if the Men in Black had erased everyone’s memory of the arrest except for the one guy who escaped and is telling the truth but no one else knows or believes it? [Overlawyered]

    * After the jump, Professor John Corvino, who was recently interviewed by Lat regarding his new book on same-sex marriage (affiliate link), discusses the definition of marriage (and eats lawyer-flavored guacamole)….

    6 Comments / / Sep 19, 2012 at 5:38 PM
  • gay-marriage-2-grooms-small

    Gay Marriage, Non-Sequiturs

    Non-Sequiturs: 08.29.12

    * New Zealand’s Parliament has passed the first stage of a bill that would legalize same-sex marriage. Lawmakers were apparently inspired by President Obama’s public support of the issue. [Huffington Post]

    * The trial of a Florida teen accused of impersonating a physician assistant is underway. Among other things, he allegedly dressed in scrubs, used a stethoscope, and performed CPR on a patient. Apparently, just because you’ve seen it on Grey’s Anatomy doesn’t mean you’re allowed to do it in real life. [ABC News]

    * “And to my son, I bequeath my playlist of one-hit wonders and my season pass to Breaking Bad.” Marketwatch tackles the tricky question of who owns your digital music (and e-book) collections after you die. [Marketwatch / WSJ]

    * A New Mexico criminal defense attorney, David “Chip” Venie, was charged yesterday with allegedly shooting a man in the leg at his law office. Oh, and Venie’s wife filmed the whole thing on her cell phone, including the unarmed victim holding out his empty hands. [ABA Journal]

    * Lawyers for the Amish men and women charged with forcibly cutting the beards and hair of their “perceived enemies” say they were motivated by compassion, not hatred. Sometimes you’ve just got to let someone know her haircut’s not doing her any favors. [NY Times]

    * In First Amendment news, the D.C. Circuit court has invalidated an FDA regulation requiring cigarette companies to place warning labels on packages. Is this a victory for free speech, or for big tobacco? [The Atlantic]

    4 Comments / / Aug 29, 2012 at 6:06 PM
  • Professor John Corvino

    9th Circuit, Books, David Boies, Family Law, Gay, Gay Marriage, SCOTUS, Supreme Court, Ted Olson

    Debating Same-Sex Marriage: An Interview With John Corvino

    An interview with Professor John Corvino, co-author (with Maggie Gallagher) of a new book on same-sex marriage, about current issues in marriage equality.

    55 Comments / / Aug 27, 2012 at 1:16 PM
  • I can now perform 'mawwages.'

    Family Law, Gay Marriage, Weddings

    Above the Law Can Now Legally Perform Weddings: Now Tell Me How Marriage Is A Sacred Institution

    How sacred is the institution of marriage if Above the Law can now perform them?

    72 Comments / / Aug 13, 2012 at 5:37 PM
  • chicken offsets

    American Bar Association / ABA, Biglaw, Cass Sunstein, Drugs, Fast Food, Gay Marriage, Guns / Firearms, Law Professors, Law Schools, Military / Military Law, Morning Docket, Sam Sparks, Sports, Student Loans, Ted Frank, UVA Law, Violence

    Morning Docket: 08.06.12

    * From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]

    * It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]

    * Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]

    * Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]

    * “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]

    * Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]

    * Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]

    * Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]

    * If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]

    11 Comments / / Aug 6, 2012 at 9:03 AM
  • A litigatrix's lawyerly lair.

    Gay, Gay Marriage, John Roberts, Lawyerly Lairs, Non-Sequiturs, SCOTUS, Supreme Court, Vanessa Bryant

    Non-Sequiturs: 07.31.12

    * Chief Justice John Roberts, in his capacity as circuit justice for the Fourth Circuit, has given the green light — for the time being — to Maryland’s continued collection of DNA samples from people charged with violent felonies. [New York Times]

    * Professor Dan Markel isn’t a fan of the practice, arguing that it “is yet another abuse of the presumption of innocence.” [PrawfsBlawg]

    * In other Supreme Court news, the proponents of Prop 8′s ban on gay marriage have filed a petition for certiorari with the Court. [Arthur Leonard / Leonard Link]

    * And in other gay marriage news, yet another federal judge — Judge Vanessa Bryant (D. Conn.), a Bush II appointee — has struck down Section 3 of the Defense of Marriage Act. [Chris Geidner / BuzzFeed]

    A California litigatrix’s lawyerly lair.

    * Lawyerly Lairs: Emily Alexander’s beautiful, light-filled home is awash in color. There are no hunting prints in sight — even though she used to practice at Sullivan & Cromwell. [California Home + Design]

    * The mother of a man who died during a police chase has sued the SFPD over her son’s accidentally shooting himself. Opines SFist: “It remains unclear to us why [Kenneth] Harding has been chosen to serve as a martyr, given his not-so-stellar record and the self-inflicted wound.” [SFist]

    * Poor Professor Campos — does his self-loathing know no bounds? The prominent law professor, one of legal academia’s harshest (and most eloquent) critics, has now turned his powerful fire on baby boomers — of whom he is one. [Salon]

    3 Comments / / Jul 31, 2012 at 6:04 PM
  • Where's Waldo? In court, apparently.

    Crime, Free Speech, Gay, Gay Marriage, India, Labor / Employment, Morning Docket, Murder, Violence

    Morning Docket: 07.31.12

    * Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News]

    * An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog]

    * James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service]

    * The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters]

    * India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter]

    * Chick-fil-A, free speech, zoning laws, and homophobia — all thrown together onto a failure pile in a sadness bowl. Noted First Amendment lawyer Marc Randazza, counsel to ATL, takes to CNN to educate the masses. [CNN]

    1 Comment / / Jul 31, 2012 at 8:58 AM