Gay Marriage

  • 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]

  • 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]
  • 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]

  • Alex Kozinski, Fashion, Fashion Is Fun, Law Schools, Non-Sequiturs

    Non-Sequiturs: 07.30.12

    * Vietnam is now getting on the right side of history. A song, played on a same sex saxophone. A gay man sound, a lesbian sound, a cry that tells us love isn’t just for heteros. It’s telling me, to hold your tight, and dance like homophobia makes no sense in the world. [WSJ Law Blog] * If corporations are people, that means they also get to have religion. We can’t be too far away from social conservatives trying to ban same-industry corporate mergers. [The Atlantic] * Yeah, what I really want to hear is a 0L giving advice about how to choose which law school to go to. [Huffington Post] * Once again, Romney really seems to support some kind of government-mandated health insurance so long as he’s not talking to Americans while he’s running for President. [Wonkblog / Washington Post] * Whistling at whales could be a crime, because you don’t want to encourage them. No, I’m not making a BBW joke. I’m talking about actual whales. [The Volokh Conspiracy] * So if we ban illegal immigrants from getting government assistance for an abortion, then aren’t we kind of supporting anchor babies? [Associated Press] * Lat and friend model t-shirts designed by Chief Judge Alex Kozinski (for His Honor’s Romanian barbecue). [Twitter]
  • Erwin Chemerinsky, Fast Food, Food, Gay Marriage, Law Professors, Law Reviews, Law Schools, Money, Non-Sequiturs, Rape

    Non-Sequiturs: 07.26.12

    * When thinking of the Penn State situation (the alleged cover-up, not Jerry Sandusky’s crimes), I am reminded of how critically important due process is to the proper administration of justice. You really notice due process when it’s gone. [The Volokh Conspiracy] * I haven’t eaten at Chick-fil-A since college. Nohomo. [Fox News] * It’s funny to think of law professors getting their pieces rejected by law reviews. Funny insofar as there are people who actually care about what ends up in a law review. [lawprofblog] * I’m not inclined to believe things coming out of Nigeria, but if this is true, it’s crazy. [Gawker] * The bright side of losing your job because of the LIBOR scandal. [Dealbreaker] * Erwin Chemerinsky, Dean of the University of California Irvine School of Law, thinks that you can’t cut faculty salaries enough to achieve substantial reductions in tuition without losing your top faculty. But in this market, I bet a law school that said, “We hire only cheap professors and pass the savings on to you,” would have a lot of appeal. [National Law Journal]
  • American Bar Association / ABA, Bankruptcy, Biglaw, Dewey & LeBoeuf, Gay Marriage, Health Care / Medicine, Insurance, Law Schools, Morning Docket, Police, SCOTUS, Supreme Court, Unemployment

    Morning Docket: 07.09.12

    * Vicious infighting, “arm twisting,” and discord at the Supreme Court? It almost sounds like the justices are in a sorority. According to this report, there hasn’t been so much bitterness and tension at the high court in almost 70 years. [CBS News]

    * The Supreme Court might have issued a ruling on the Affordable Care Act, but the battle is far from over. With a repeal vote coming this week in the House, critics are now on the offensive about interpretations of insurance subsidy provisions. [New York Times]

    * Dewey have a bankruptcy filing potpourri for you! With countless objections from the U.S. Trustee and many D&L motions on tap, advisers for the failed firm may be in for a long, bumpy ride at this afternoon’s hearing before Judge Martin Glenn. [Am Law Daily (sub. req.)]

    * Noting that legislators hadn’t violated the New York Open Meetings Law, an appellate court overturned a trial court decision and refused to push the Empire State’s gay marriage law back into the closet. [Bloomberg]

    * Lincoln Memorial’s Duncan School of Law has again been denied ABA accreditation. Seeing as the ABA would likely accredit a shoe, maybe the administration should throw in the towel. [Knoxville News Sentinel]

    * If you’re having trouble getting a job as a scientist, you might want to consider going to law school instead. Many schools have near-perfect employment rates nine months after graduation. /trolling [Washington Post]

    * Footloose in NYC: a middle-aged couple was arrested for dancing on a subway platform, and now they’re suing. We shudder to think what would would have happened if the pair was drinking soda. [New York Post]

  • Airplanes / Aviation, California, Constitutional Law, Copyright, Department of Justice, Federal Government, Federal Judges, Food, Gay Marriage, Intellectual Property, John Roberts, Law Schools, Morning Docket, SCOTUS, Supreme Court, UNC Law

    Morning Docket: 07.04.12

    Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.

    * At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]

    * Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]

    * A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]

    * Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]

    * After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]

    * Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]

    * UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]

    * This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]

    * The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]

  • Basketball, Football, Gay, Gay Marriage, Google / Search Engines, Intellectual Property, Law Schools, Morning Docket, SCOTUS, Sex, Sex Scandals, Sports, Supreme Court, Technology, Trademarks

    Morning Docket: 06.25.12

    * It’s official: “law school grads face worst job market in more than 30 years.” Put that in your TTT pipe and smoke it. [Chicago Tribune]

    * Not sure how good of a “cyber spy” you can be if you’re getting sued in federal court for things like cybersquatting and trademark infringement. [MarketWatch]

    * Jerry Sandusky was convicted — oh Lord, he was convicted — Friday evening, and now his attorneys say they weren’t allowed to resign right before the trial. [CBS News]

    * The New York Times has caught Linsanity, or at least it has caught an interest in the trademark case for Jeremy Lin’s popular catchphrase. [New York Times]

    * It was Gay Pride weekend across the country. Practically speaking, for most people this meant lots of unexpected traffic jams and random glitter bombings. Evan Wolfson, a prominent attorney, was the Grand Marshal of the Chicago Pride Parade. [Chicago Sun-Times]

    * Will today be the day we get the Obamacare decision? Who knows. In the meantime, here’s an interview with the folks behind the wonderful SCOTUSblog. [Forbes]

    * The judge accused of elder abuse, in Alameda County, California, is still on the bench, but he has been relegated to handling small claims court. [Mercury News]

    * An owner of the Miami Heat has sued Google and a blogger over an “unflattering” photo. I guess once you win an NBA championship, it leaves you with a lot of free time for other important pursuits. [CNN]

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  • American Bar Association / ABA, Bail, Bankruptcy, Biglaw, Dewey & LeBoeuf, Gay Marriage, Law Schools, LSAT, Morning Docket, S.D.N.Y.

    Morning Docket: 06.19.12

    * Dewey know how many professional services firms it takes to wind down a Biglaw firm? According to new D&L bankruptcy filings, there are at least eight of them — including Togut Segal & Segal, a leading law firm that reportedly charges $935 an hour. [WSJ Law Blog]

    * Despite Barack Obama’s pledge of support, Brett McGurk has withdrawn his name from the White House pool of ambassadorial candidates amid much salacious controversy. Apparently this man knows a lost cause when he sees one. [Washington Post]

    * So many DOMA lawsuits, so little time: what’s happening in the six major cases on this statute? The majority are in various stages of appeal, and the world at large is currently awaiting a cert filing to get a final take from the Supreme Court. [Poliglot / Metro Weekly]

    * LSAC will now vet incoming law students’ GPAs and LSAT scores. The ABA won’t do it because they need the insurance policy of someone else to blame in case something happens to go wrong. [National Law Journal]

    * Oh, my sweet little Mittens, you’re making it really hard for moderates like me to consider voting for you in November. Protip: you went to law school, so you should probably stop telling people that you didn’t. [Ology]

    * Stephen McDaniel’s lawyers are expected to ask a judge to reconsider his $850K bond today. If he’s released, it seems like there’s a high probability that he’ll become an ATL commenter. [Macon Telegraph]

    * Remember the legal fight over the Tyrannosaurus bataar? Well, now Preet Bharara, the U.S. Attorney for the S.D.N.Y., is on the case, and he wants to be seized for return to Jurassic Park Mongolia. [New York Observer]

  • Alan Dershowitz, Antitrust, Baseball, Biglaw, Bill Clinton, Dewey & LeBoeuf, Football, Heller Ehrman, Howrey LLP, Law Professors, Morning Docket, Paul Clement, S.D.N.Y., State Judges, Texas, Trials

    Morning Docket: 06.07.12

    * You know what’s really got to suck hard? Turning down a Supreme Court nomination to be governor, and then losing your gubernatorial re-election bid. Mario Cuomo is the Bad Luck Brian of our time. [New York Daily News]

    * And speaking of bad luck, this prominent antitrust lawyer is like the harbinger of Biglaw doom. In the last four years, Marc Schildkraut has bounced from Heller to Howrey to Dewey. Good luck to his new firm, Cooley LLP. [Washingtonian]

    * Another judge — this time from the S.D.N.Y. — has found that the Defense of Marriage Act is unconstitutional. Paul Clement, the patron saint of conservative causes, is probably facepalming right now. [Reuters]

    * Judge Jed Rakoff “politely” benchslapped a Cardozo Law student for playing pen pal over his evidentiary rulings in the Rajat Gupta insider trading trial. Time to get a new hobby, girl. [DealBook / New York Times]

    * “I don’t know how you all practice law in Texas.” It looks like the judge presiding over the Roger Clemens case hasn’t been keeping up with all of our crazy stories from the Lone Star state. [Wall Street Journal]

    * “[T]he epitome of unprofessionalism”: State Attorney Angela Corey couldn’t take the heat from Harvard Law professor Alan Dershowitz, so she threatened to sue the school and get him disbarred. [Orlando Sentinel]

    * “What did you guys do to deserve me? How did you guys get stuck with this? Ay yi yi.” At least Jerry Sandusky’s got a sense of humor about a potential 500 year sentence. [Thomson Reuters News & Insight]

    * The election outlook for birthers may not be so bleak after all. Sure, Orly Taitz lost her bid to be a senator, but Gary Kreep might get to be a judge in San Diego County. We’ll find out later today. [North County Times]

  • 9th Circuit, Boutique Law Firms, Drinking, Gay, Gay Marriage, Kellogg Huber, Law Schools, Non-Sequiturs, Prisons

    Non-Sequiturs: 06.05.12

    * The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly] * AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice] * Just before she was convicted of public intoxication, DLA Piper partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat] * Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business] * Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun] * Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal] * Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zach Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]
  • 9th Circuit, Bankruptcy, Baseball, Biglaw, Billable Hours, Brown Rudnick, California, Copyright, Dewey & LeBoeuf, Football, Gay Marriage, Health Care / Medicine, Insider Trading, Kasowitz Benson, Kathleen Sullivan, Morning Docket

    Morning Docket: 06.05.12

    * Dewey know the firms that have been tapped to represent the groups that this failed firm owes money to? Yes, we do! Brown Rudnick for the unsecured creditors’ committee, and Kasowitz Benson for the former D&L partners. [Am Law Daily (sub. req.)]

    * The Ninth Circuit is supposed to be issuing an order today regarding an en banc reconsideration request on the Prop 8 case. They really ought to slap a big fat denial on that motherf’er and call it a day so we get some SCOTUS action. [Poliglot / Metro Weekly]

    * Matthew Kluger, most recently of Fried Frank, has been sentenced to 12 years in prison, which is the longest sentence that anyone’s ever received in an insider trading case. Uh yeah, he’ll definitely be appealing. [Wall Street Journal (sub. req.)]

    * Hughes Hubbard & Reed has billed more than $17M in the first four months of its work on MF Global’s unwinding. Will the firm will be handing out spring “special” bonuses like they did last year? [Reuters]

    * Mattel is appealing MGA’s $310M copyright award, claiming that the judgment was based on “erroneous billing invoices.” Don’t you call my billable hours into question, Kathleen Sullivan. [National Law Journal]

    * Jerry Sandusky’s accusers will be named in court thanks to this judge’s ruling. But don’t worry — there’s no tweeting, texting, or emailing allowed in his courtroom. Like that’ll make a difference. [Legal Intelligencer]

    * Trust me, I’m a lawyer: a disbarred Colorado attorney somehow managed to scam a convicted con artist out of more than $1 million. Now that’s some pretty sweet karmic intervention for you. [Missouri Lawyers Media]

    * A bus driver is suing a hospital because he claims that instead of treating his painful erection, the staff watched a baseball game on TV. Whatever, that was a really great Yankees game. [Associated Press]

  • Bloomberg, Fat People, Insider Trading, Non-Sequiturs, Summer Associates, Wal-Mart

    Non-Sequiturs: 05.31.2012

    * For everyone who’s ever wondered, “I’m an attorney, but I also love playing lacrosse. Where can I enjoy my dual passions?” Well, here’s your answer. [Wall Street Journal] * More analysis of today’s DOMA smack down. [Leonard Link] * Still speaking about DOMA, check out these interesting similarities between Judge Michael Boudin, who wrote the court’s DOMA opinion, and 50 Cent. (Spoiler: they’ve both been shot a gazillion times, duuuh.) [Think Progress] * How do you turn your summer associateship into a full-time offer? I might suggest presents, nepotism, or, ahem, “favors.” Or for more traditional folks, I suppose you could take this “practical” advice. [The Careerist] * What can business executives learn from Wal-Mart? That having holiday sales so huge people are willing to die to be there might not be such a terrible idea? [Harvard Business Review] * What happens when the pool of college graduates dries up in a metropolitan area? Kitten starvation, ice storms, and zombies. [New York Times] * On a policy level, this maybe isn’t a great idea. And I realize I might sound like a hypocrite. But, honestly, if sodas were banned, I would be really upset for like 20 minutes, and then I would just go on a crazy 20-year coconut water binge. [New York Times] After the jump, check out Bloomberg Law’s interview with the judge from Raj Rajaratnam’s insider trading case…

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