Gay Marriage

  • 9th Circuit, Gay Marriage, Non-Sequiturs, Police, Supreme Court

    Non-Sequiturs: 10.14.14

    * A blistering dissent from that usual suspects: Ruth Bader Ginsburg, Antonin Scalia, and Clarence Thomas. [The Atlantic] * Same-sex marriage opponents in Nevada suggest liberal bias in the selection of the Ninth Circuit panels hearing gay rights cases. They demand en banc review after noting that “two of the Ninth Circuit’s more liberal judges wind up most often on panels deciding cases involving gay rights.” Let me peruse that roster of Ninth Circuit judges… yeah, good luck with that en banc review, guys. [SCOTUS Blog] * A Toledo Law student was arrested on a child sex charge. [NBC24] * Kesha is suing producer Dr. Luke for sexual assault and battery. [TMZ] * Can you guess which states lead the way on transgender rights? The answer will… actually not surprise you much at all. [Vocativ] * The travails of Albany Law School continue. President and Dean Penny Andrews announces that she is stepping down. [Albany Law School] * As if police departments weren’t militarized enough, they’re using cash seizures to fuel even more ridiculous spending. [Washington Post] * Staci profiled some legal cosplayers, and when I saw the Judge Dredd costumes, all I could think about is one of the greatest Onion videos about SCOTUS ever. “I am the law!” [The Onion] * Katie Couric sits down with Susan Mellen, who was wrongfully imprisoned for 17 years. [Yahoo! News]
  • Gay, Gay Marriage, Law Schools, Morning Docket, Old People, Rape, SCOTUS, Screw-Ups, Supreme Court, Technology

    Morning Docket: 10.13.14

    Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.

    * The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]

    * On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]

    * Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]

    * A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]

    * Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]

  • 9th Circuit, Books, Federal Circuit, Gay Marriage, Hair, Non-Sequiturs, Sex, Supreme Court

    Non-Sequiturs: 10.08.14

    * Some marriage equality enthusiasts applauded the Supreme Court’s decision to stay out of the way and let the circuits do their thing. But the history of miscegenation in America suggests the Supreme Court had a moral obligation to interject. [USA Today] * On this subject, Professor Dorf presents a fascinating hypothetical: is it in the strategic interest of an anti-gay marriage conservative lower court judge to strike down same-sex marriage bans in light of the Supreme Court’s cert denials? [Dorf on Law] * One more story while we’re at it, after the Ninth Circuit struck down bans on same-sex marriages, District Judge Robert C. Jones of Nevada, who upheld the ban in the first place, recused himself rather that be forced to issue an opinion in accordance with Ninth Circuit precedent. [BuzzFeed] * If you’ve ever wondered how Islamic State manages to recruit Western youth to the cause, the answer is a “Disney-like” social media campaign. It’s like a Biglaw summer program, but for murder. [Cornell Journal of Law and Public Policy] * “Better Hold Off Sexting With High School Students” in Indiana. The Indiana Supreme Court finally weighed in last week after the lower court had okayed a teacher texting a 16-year-old to sneak out of the house for sex. Wait, this required the Supreme Court to weigh in? What is wrong with you Indiana? [Valpo Law Blog] * Looking professional with a pixie cut. [Corporette] * Enter for a chance to win a Chief Judge Randall Rader bobblehead! Yes, these exist. [Santa Clara Law] * The Zephyr Teachout book tour for Corruption in America (affiliate link) begins. Is your town on the list? [Teachout-Wu] * New Orleans taxpayers spent around $75K traveling judges to conferences and resorts last year. Quoth the tipster: “I could make a joke about New Orleans judges going to the third world to learn how to run their courtrooms, but I think I already did.” [The Times-Picayune]
  • 9th Circuit, American Bar Association / ABA, Art, Biglaw, Blogging, Gay, Gay Marriage, Gender, Legal Ethics, Morning Docket, Partner Issues, Sentencing Law, State Judges, Tax Law

    Morning Docket: 10.08.14

    * How are Nevada and Idaho officials reacting to yesterday’s Ninth Circuit ruling striking down gay marriage bans in those states, and how soon might marriages get underway? [BuzzFeed]

    * In other LGBT legal news, New York City is likely to make it easier for transgender individuals to amend their birth certificates. [New York Times]

    * Good news for Joan Orie Melvin, the Pennsylvania Supreme Court justice turned convicted felon: her unorthodox sentence has been stayed (again). [How Appealing]

    * Eduardo Leite, who has led Baker & McKenzie since 2010, gets another two years at the helm of Biglaw’s biggest firm. [American Lawyer]

    * Cravath associate Micaela McMurrough scores a victory in tax court for artists. [New York Times]

    * The ABA has issued a new opinion addressing ethical issues raised during the sale of a law practice. [American Bar Association]

    * Why do lawyers blog? Tim Baran of Rocket Matter talks to 23 of us. [Legal Productivity]

  • 9th Circuit, Gay Marriage, General Counsel, In-House Counsel, Law Schools, Non-Sequiturs, Patents

    Non-Sequiturs: 10.07.14

    * Congratulations to Tony West on his new gig as General Counsel of PepsiCo. It sounds like an exciting and challenging opportunity. Plus, you know, free Mountain Dew. [Politico] * What the hell? The feds stole a woman’s identity and made it into a Facebook page. Well, now she’s found out and she’s suing. Identity theft was one thing, but the way the DEA Agent kept spamming the woman’s friends to play Candy Crush Saga was just unacceptable. [Buzzfeed] * Time for some court news: Ninth Circuit joined the chorus in striking down gay marriage bans in Idaho and Nevada. [Ninth Circuit] * It’s Nobel Prize time, and one of the winners for Physics has a personal story about how important it is to hire a good lawyer. In fact, it was about $180 million important. [Slate] * We constantly beat the drum of how law schools need to adjust to reality and stop duping students into terrible financial decisions. But here’s the PR secret that’s kept law schools from, by and large, collapsing: they sell the experience. [Law and More] * An open letter begging Amal Alamuddin not to quit her day job now that she’s married to some acting guy. [The Careerist] * New York City paid $50K to settle a lawsuit brought by the family of a child who killed herself after school officials allegedly did nothing despite several warnings that the girl was being brutally bullied. There’s a lot of “in my day…” types who read this site who may not care about bullying, but this is more a question of irresponsibility. If your job is to provide a safe learning environment and you fail, you pay. [DNA Info] * At oral argument, the Court seemed generally supportive of the Muslim inmate hoping to grow a beard. If this intuition is right, soon individual people may have the same religious rights as corporations! [Supreme Court Brief] * Finally, thanks to the Rutgers-Newark Law School chapter of the American Constitution Society for hosting a great event today where Elie and I previewed the upcoming SCOTUS Term. My personal highlight was watching Elie’s head explode while talking about Young v. UPS.
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  • 5th Circuit, Fast Food, Food, Gay, Gay Marriage, Law Schools, Lesbians, Morning Docket, SCOTUS, Supreme Court, Texas

    Morning Docket: 10.07.14

    * Since SCOTUS punted on same-sex marriage, people in states where gay marriage bans still exist are wondering when it will be their turn. It’s just a waiting game from here on out. [USA Today]

    * Babies wait for no one: a pregnant lesbian couple fighting the Texas ban on gay marriage filed an usual request asking that the Fifth Circuit hurry up and schedule arguments. [WSJ Law Blog]

    * The “puff, puff, pass” defense? Robel Phillipos, friend of accused Boston bomber Dzhokhar Tsarnaev, claims he was so high during the aftermath he can’t remember a thing. [Bloomberg]

    * When should you apply to law school? When you can get into a top school, have clear career objectives, and won’t have to take out loans. You’re preaching to the choir. [Law Admissions Lowdown / U.S. News]

    * A Burger King customer is suing because he claims the restaurant’s manager attacked him with a knife and a Taser. This all allegedly happened over some cold onion rings, of course. [New York Daily News]

  • Bar Exams, Gay Marriage, Job Searches, John Roberts, Law Firm Mergers, SCOTUS, Supreme Court

    Morning Docket: 10.06.14

    * The Supreme Court’s new term kicks off today, and lawyers are pumped — especially since “the Roberts court [may] be to the rights of gays and lesbians what the Warren court was to the rights of African Americans.” [New York Times] * But come on, the Supreme Court hasn’t even decided to take up a same-sex marriage case for October Term 2014, you say. Not to worry, because “[h]owever slow the term is starting, it could obviously explode.” [USA Today] * This year’s law firm merger pace is slightly more robust than last year’s record-breaking rate. Lawyers should probably get ready for some real merger mania before the new year comes. [Am Law Daily] * The legal services sector just lost the largest number of jobs in a one-month period in almost five years. Our condolences to recent law school graduates who are still searching for employment. [WSJ Law Blog] * On the other side of the spectrum, this recent law school graduate has it made. This former bank robber turned D.C. Circuit clerk just found out he’ll be allowed to take the bar exam. Yay! [National Law Journal]
  • 5th Circuit, Abortion, Biglaw, Gay Marriage, Job Searches, Lateral Moves, Law Schools, Morning Docket, Partner Issues, SCOTUS, Supreme Court, Texas, Women's Issues

    Morning Docket: 10.03.14

    * SCOTUS justices added 11 cases to this term’s docket yesterday following their megaconference earlier this week. Alas, no same-sex marriage cases have been added yet. [New York Times]

    * The Fifth Circuit allowed Texas to enforce its new abortion clinic restrictions. The only thing that will stop its “devastating impact on abortion access” is SCOTUS intervention. [MSNBC]

    * Two more women just joined the ranks of the highest tier of Biglaw firm leadership. Congrats to Jami Wintz McKeon of Morgan Lewis and Therese Pritchard of Bryan Cave. [WSJ Law Blog]

    * Gibson Dunn poached a prominent partner from U.K. firm Ashurst following his fall from grace as its leader last year. He’s thrilled to work for “one of the strongest U.S. firms around.” [Am Law Daily]

    * The Thomas Jefferson School of Law may be “California’s worst-performing law school,” but it certainly performs well in terms of providing entertainment for those who are big fans of schadenfreude. [City Journal]

    * Many schools pay their grads to count them as employed — but not UNC Law. Its career services office is aware that “jobs don’t grow on trees,” but hey, at least they’re trying to be transparent. [Daily Tar Heel]

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  • 1st Circuit, Bar Exams, Crime, Gay, Gay Marriage, Jersey Shore, Law School Deans, Law Schools, Morning Docket, New Jersey, Tax Law, Trials

    Morning Docket: 09.25.14

    * Per the First Circuit, plaintiffs who successfully challenge the Defense of Marriage Act in court aren’t entitled to attorneys’ fees. The Department of Justice had no comment. [National Law Journal]

    * Florida Coastal Law finished second-to-last in bar passage for the July 2014 exam, with 58% of grads passing. It was one of Florida Coastal’s worst performances to date. [Florida Times-Union]

    * ASU Law got a $10M donation, its largest ever. “The remarkable thing about it is we didn’t ask him for it,” says the dean, which is a slightly better response than Drexel’s dean had. [The Republic]

    * Much to his defense team’s chagrin, accused Boston Marathon bomber Dzhokhar Tsarnaev’s trial will remain in Boston. The media spectacle is set to begin in January 2015. [New York Times]

    * Mike “The Situation” Sorrentino of Jersey Shore fame was indicted on tax fraud charges to the tune of $8.9M. He pleaded not guilty yesterday afternoon. There aren’t tanning beds in jail. 🙁 [Asbury Park Press]

  • Elena Kagan, Gay, Gay Marriage, Law Schools, Money, Morning Docket, SCOTUS, Supreme Court, Supreme Court Clerks

    Morning Docket: 09.23.14

    * The lawyers fighting against marriage equality say “[w]hether [they] win or lose in lower courts doesn’t matter that much,” because everything will be up to the Supreme Court at the end of the day — but so far, they mostly lose. [National Law Journal]

    * On the other side of the coin, the lawyers fighting in favor of marriage equality are sounding more and more like used car salesmen, always bragging about the quality of their “vehicles” just to get their cases in front of the justices. [New York Times]

    * In the meantime, Justice Kagan officiated her first same-sex wedding this weekend for one of her former clerks. Only the women of SCOTUS, sans Sotomayor, have performed such ceremonies. [Huffington Post]

    * In a landmark decision, Arab Bank PLC was found liable for supporting Hamas in a civil terrorism-finance case. There will be a second trial to determine damages, but the bank plans to appeal. [WSJ Law Blog]

    * Here’s advice for those of you considering reapplying to law school during a time of educational crisis: rewrite your app in crayon, you’ll probably get in. [Law Admissions Lowdown / U.S. News & World Report]

  • Legal Ethics, Non-Sequiturs, Ruth Bader Ginsburg, Technology

    Non-Sequiturs: 09.19.14

    * Former Connecticut Governor John G. Rowland, convicted of corruption. [New York Times] * Who is Justice Ginsburg talking to? [PrawfsBlawg] * The new Apple operating system is designed to thwart search warrants. That sounds… interesting. [The Volokh Conspiracy / Washington Post] * The Bali suitcase murder suspect hired a lawyer for her fetus. [Slate] * Here’s an idea: take your client’s settlement money and then just… disappear with it. There’s no way the cops will come looking for you. [Albuquerque Journal] * Was it a crime when a porn producer outed one of its stars as Miss Teen Delaware, or just unethical? [Full Disclosure] * Young lawyer contemplating a lawsuit after his $3,000 watch was stolen at airport security. Perhaps it’s time to invest in a Swatch. [Missouri Lawyers Weekly]
  • Biglaw, Drugs, Education / Schools, Gambling / Gaming, Gay, Gay Marriage, Law Professors, Law Schools, Morning Docket, Murder, SCOTUS, Supreme Court, Trials

    Morning Docket: 09.11.14

    * The justices of Supreme Court of the United States will discuss gay marriage cases from five states during their “long conference” at the end of the month. Which ones will they decide to take? Help us, Justice AMK! [National Law Journal]

    * This law school is having some troubles adjusting to the “new normal.” Not only is its administration planning back-to-back tuition hikes, but it’s asking the state for help with its deficits. Yikes, that’s not good. [The Republic]

    * This Gonzaga Law professor thinks that playing poker is part of having a balanced life. He might not come home with much after his games, but “it’s better than a kick in the head.” [Spokesman-Review]

    * Remember Kent W. Easter, the Biglaw partner who was accused of planting drugs in a school volunteer’s car? During his recent retrial, he was convicted of false imprisonment by fraud and deceit. [OC Weekly]

    * Following a “marathon trial marked by screams, tears, vomit, anger,” Oscar Pistorius has been found negligent, but not guilty of premeditated murder. Expect a final verdict tomorrow, perhaps. [USA Today]

  • 3rd Circuit, 7th Circuit, Biglaw, Books, Deaths, Gay, Gay Marriage, Law School Deans, Law Schools, Morning Docket, Partner Issues

    Morning Docket: 09.05.14

    * A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]

    * Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]

    * And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]

    * Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]

    * The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]

    * And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]

    * Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]