Gay Marriage
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Morning Docket
Morning Docket: 08.22.16
* “You’re going to make a federal case out of this – a dispute between two sorority sisters?” A fight between two sorority sisters recently landed in the Eastern District of Pennsylvania, but it turns out the suit was dropped quicker than a misbehaving pledge. We’ll have more on this later today. [Philadelphia Inquirer]
* “Generally, it is God who decides whether presidents get Supreme Court appointments.” Justice Ruth Bader Ginsburg may be the oldest member of SCOTUS, but that doesn’t mean she’s preparing to step down, even if Hillary Clinton wins the presidency. She’s already hired clerks for the October 2017 term. [Washington Post]
* The Eastern District of Michigan has ruled that in cases of employment discrimination, religious rights trump transgender rights. The ACLU says this case has set a “dangerous precedent,” in that it has “exempted [a business that was “not a particularly religious operation”] from civil rights law with regard to transgender people.” [WSJ Law Blog]
* The ABA has closed a probe regarding allegations of religious discrimination (i.e., expulsion of students who left the Church of Jesus Christ of Latter-day Saints and bans of sexual activity between students of the same sex) that were said to have occurred at BYU Law School. The school is said to have changed its honor code. [ABA Journal]
* Infamous Kentucky clerk Kim Davis has lucked out thanks to some actions taken by the Sixth Circuit. A new state law removed the names of clerks from marriage licenses, thus enabling the appeals court to refuse her claims, allowing a judge to toss a suit she was facing over her unwillingness to issue marriage licenses to same-sex couples. [WSAZ]
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Morning Docket
Morning Docket: 08.09.16
* Did Chief Justice Roy Moore of the Alabama Supreme Court commit judicial misconduct when he instructed probate judges that the state’s same-sex marriage ban was still in effect despite the Supreme Court’s decision in Obergefell? The state’s Court of the Judiciary has set a date for a trial-like proceeding on the ethics charges Moore faces for late September. [ABC News]
* If you want to go to law school and you’ve got your heart set on a particular institution, it may be in your best financial interests to apply early decision. A few law schools are now offering significant scholarship opportunities to early applicants — in some cases, full tuition scholarships are being handed out. [Law Admissions Lowdown / U.S. News]
* “Even innocent clients may not benefit from the fraud of their attorney.” Chevron Corp. has prevailed in a long-running environmental law case set in an Ecuadorian rainforest. Lawyers for the oil and gas company convinced the Second Circuit that an $8.65 billion judgment was obtained through attorney Steven Donziger’s bribery and fraud. [Reuters]
* The family of slain Florida State law professor Dan Markel has accepted a $40,000 settlement from the Consolidated Dispatch Agency in connection with a wrongful death case. Due to an “error by dispatchers,” it took approximately 19 minutes for ambulances to arrive at Markel’s home as he lay dying after being shot. [Tallahassee Democrat]
* This is why indebted law students can’t have nice things: while the American Bar Association may have changed its tune when it comes to law students earning pay for credit-bearing externships, it will allow law schools to be the ultimate arbiters on whether academic credit will still be offered for these job placements. [Law.com]
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Non-Sequiturs
Non-Sequiturs: 07.01.16
Ed. note: In observance of the Fourth of July, Above the Law will not be publishing on Monday. Have a great weekend!
* The little known religious history behind America’s seal. Separation of church and state be damned. [Wall Street Journal]
* Fireworks are super pretty to look at, but dangerous. So be careful out there. [Southeast Missourian]
* 5 prosecutors are responsible for 440 death sentences. That is incredibly disturbing. [The Guardian]
* U.S. District Judge Carlton Reeves blocked a Mississippi law that would allow those with religious objections to deny wedding services to gay couples. Good to see the concept of precedent in action. [Reuters]
* Republican delegates can do… pretty much whatever they want to. It is a political issue, not a legal one. [Huffington Post]
* It is shockingly easy for the government to spy on journalists. [The Intercept]
* Lawyer that sued Led Zeppelin is suspended. [MSN]
* Donald Trump is definitely coming to Pennsylvania Avenue (he’s building a hotel there). [Denver Channel]
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Non-Sequiturs
Non-Sequiturs: 06.24.16
* An article advocating why we should prioritize free expression over intellectual property laws, and why the Led Zeppelin case is important. [Katz Justice]
* Gay marriage is legal, but that doesn’t mean it is easy for gay couples to have children. [Esquire]
* The best tips for dealing with bar exam stress. [Law.com]
* Why is it that conversations about the future of legal education turn into flame wars? [Medium]
* Evidence now suggests that the murder of Dan Markel was the second attempt on his life. [Tallahassee.com]
* Looking for a new job, or even a new career? Some great advice. [Law and More]
* The real hidden cost to Brexit? Brits can’t look down their nose on dumb Americans anymore. [New Yorker]
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Non-Sequiturs
Non-Sequiturs: 06.17.16
* A plea to strike down Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act,” which gives special privileges to opponents of gay marriage. [Bloomberg View]
* Not every litigation financier is Peter Thiel, and I think we are all pretty happy about that. [Wall Street Journal]
* What can Judge Maryanne Trump Barry teach her brother about the federal judiciary? [Real Clear Politics]
* Musings on why some law firms still haven’t matched the Cravath pay bump. [Law and More]
* These are the facts people need to know about gun laws. [Slate]
* This is what estate planning attorneys wished you knew about death and dying. [Forbes]
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Gay, Immigration, Quote of the Day
Righting A Decades-Long Wrong
The federal government recognizes that this gay couple should have been treated with the same respect as any other married couple. -
Gay, Gay Marriage
Alabama Chief Justice Suspended, Again
Roy Moore isn't the problem, he's just a symptom. -
Pornography, Pro Se Litigants, Technology
Guy Tries To Marry His Computer -- AGAIN -- As Stupid Anti-Marriage Equality Protest
Porn addict protests marriage equality in the stupidest way imaginable. And this isn't the first time he's tried this stunt. - Sponsored
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1st Circuit, Benchslaps, Gay
Benchslap Of The Day: Puerto Rico Not So Suave
"The district court’s ruling errs in so many respects that it is hard to know where to begin." -
Morning Docket
Morning Docket: 04.08.16
* Professors at George Mason are outraged that administrators agreed to rename the law school after the late Justice Antonin Scalia without any input from the people who work or study there — his opinions don’t “reflect the values of our campus community.” They’re circulating a petition to denounce the name change, but thus far, none of its signatories are law professors. [NBC News]
* “I would appreciate if we could keep things that are very serious here appropriately viewed that way.” 50 Cent got yelled at by his bankruptcy judge because he brought his cellphone into the courthouse, took a picture of himself with a stack of fake cash, and posted it on Instagram. A motion to dismiss this wanksta is needed. [WSJ Law Blog]
* SCOTUS will hear oral arguments on the appeal of securities fraud case Salman v. United States next term, and Eugene Ingoglia of Morvillo L.L.P. hopes the justices will provide some greater detail as to “what counts as a personal benefit.” Let’s just hope that they don’t make insider trading’s road any rockier. [DealBook / New York Times]
* “The district court’s ruling errs in so many respects that it is hard to know where to begin.” You know that when an appellate holding begins with the prior statement, the trial judge is going to be in for a doozy of a benchslap. We’ll have more on the First Circuit slapping around Judge Juan Pérez-Giménez (D.P.R.) later today. [BuzzFeed]
* Jamie Wine, who was recently appointed as the chair of Latham’s global litigation and trial department, says even though L&W already has 610 litigators, she’s looking to hire more of them in the firm’s New York and London offices. If you think you want to lateral in, you should know you may be meeting with up to 50 partners. [Big Law Business]
* Hiring for law school summer associates may be on the rise, but you shouldn’t assume this means you’ll automatically be able to land a job at a prestigious law firm. These firms tend to “put a high value on law school pedigree and grades,” so if you happen to attend a lesser school, you’ll need to be ranked very highly. [U.S. News & World Report]
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Fabulosity, Gay, Parties, Public Interest
Much To Celebrate At LeGaL's 2016 Annual Dinner
Thanks to LeGal for a lovely evening. See everyone again next year! -
Gay Marriage, Supreme Court
Supreme Court Justices Sued!... By Lawyer With Nonsensical Complaint About The Gays.
Let's step back and appreciate how the anti-gay crowd isn't even trying to find level-headed people to rail against marriage equality. -
Morning Docket
Morning Docket: 03.07.16
* “I’ve taught immigration law literally to 3-year-olds and 4-year-olds.” Immigration Judge Jack H. Weil seems to think that children facing deportation don’t need court-appointed attorneys because they’re perfectly capable of representing themselves. We’ll have more on this later. [Washington Post]
* “[T]his will be the first time a law school will be on trial to defend its public employment figures.” It’s taken five years, but Anna Alaburda will finally get to face off in court against Thomas Jefferson School of Law. Soon we’ll find out if the word “allegedly” can stop being used as a prefix for the school’s allegedly deceptive job statistics. [DealBook / New York Times]
* If President Obama nominates Judge Jane Kelly of the Eighth Circuit for a seat on SCOTUS, then Sen. Chuck Grassley (R-IA) of the Senate Judiciary Committee could be in a pickle. Would Kelly, a longtime Iowa public defender, be refused a hearing even though Grassley supported her when she was appointed in 2013? [Des Moines Register]
* The Alabama Supreme Court begrudgingly dismissed suits filed by conservative groups seeking a ruling declaring that the state’s anti-gay marriage laws were still in effect, despite the SCOTUS decision in Obergefell. In a concurrence at odds with reality, Chief Justice Roy Moore held fast to his belief that the state’s law was still intact. [AL.com]
* As we mentioned previously, the American Bar Association will vote on a change to its bar passage rate rules for law schools. Schools notorious for their bar passage problems better hold onto their hats if this proposal is passed, because their accreditation may quickly turn out to be like their graduates’ job prospects: nonexistent. [WSJ Law Blog]
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Donald Trump, Gay Marriage, SCOTUS
Trump Vows To Appoint SCOTUS Justices Who Will Overturn Gay Marriage
After all, it's a "YUGE" issue, as far as his base is concerned. -
Morning Docket
Morning Docket: 01.28.16
* Now that Rudy Giuliani’s in the news again thanks to his departure from his namesake firm, he’s letting his opinions be known on all sorts of things relevant to lawyers and law students. In fact, he thinks law school should be four years long. Go back into the woodwork, Rudy. [Big Law Business / Bloomberg BNA]
* After a decade on SCOTUS, Justice Samuel Alito hasn’t strayed from his conservative roots like some of his colleagues. He “has been every bit as conservative as conservatives could have dreamed — and as liberals would have feared.” [ABA Journal]
* Prior to Martin Shkreli’s arrest, prosecutors obtained a secret order nullifying attorney-client privilege in communications between the pharma bro and his Biglaw attorney. Per records, this case has been ongoing since before he outed himself as a d-bag. [Reuters]
* “Whether I want to marry or not, it should be my right to decide.” China’s first-ever lawsuit challenging its ban on same-sex marriage is expected to be heard in court today. In a country as conservative as China, this could be revolutionary. [New York Times]
* Shake those pom-poms, because the New York Jets have reached a settlement with the team’s cheerleaders in a lawsuit filed over alleged wage theft. The J-E-T-S will pay out $324,000, making it the fourth NFL team to settle such a suit. [New York Daily News]
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Gay, Gay Marriage, Religion
Church Founded On Divorce Now Suspends Episcopalians Who Embrace Gay Marriage
The hypocrisy of the Anglican church is off the charts. -
Contests, Reader Polls
Above The Law's 2015 Lawyer Of The Year Contest: The Winner!
The top three candidates -- U.S. Attorney Preet Bharara, LGBT rights litigator Mary Bonauto, and "Law Hawk" Bryan Wilson -- were separated by just four votes. Who won? -
Contests, Reader Polls
Above the Law's 2015 Lawyer Of The Year Contest: The Finalists!
Time to cast your vote! -
Gay Marriage
Alabama Chief Justice Now In Open Revolt Against Supreme Court Over Gay Marriage
Alabama chief Justice is back in the news for being a bigot. -
Morning Docket
Morning Docket: 12.22.15
* Getting arrested on federal criminal charges accusing you of conspiring with loathed pharma CEO Martin Shkreli is very stressful — so one can understand why Biglaw partner Evan Greebel needs a Cancun vacation right about now. [USA Today; BloombergBusiness] * Speaking of Evan Greebel, here is a closer look at the charges against him, […]