A great many of our most polarizing political discussions involve deciding what we should be able to sell. Pot legalization, for instance, is oftentimes framed as a debate over whether we should be able to smoke marijuana cigarettes at our leisure. But that debate’s over. It’s been won by the High Times crowd a thousand times over, no matter how many times a kid gets popped on a possession rap. No, the schism involves the sale of weed. The business of it. News articles about Colorado are less interested in doofuses smoking pot and more interested in the brave, new world of pot dispensaries. The business of America is business and all that.
This weekend brought news of a burgeoning overseas market in human organs. And gay eyeballs. If you can’t see the connection, allow me…
I showered maybe two times after gym class in middle school. And both times, I was wearing underwear. Looking back, I still don’t understand why the school couldn’t shell out just a few more ducats and construct private shower stalls. Why do schools choose to introduce communal showering right at the time that we are learning that our bodies are horrible monsters that we are rightfully ashamed of? I’m not sure I’ll ever know the answer to that question. At my middle school, there were two kids who stood sentry at the shower room entrance, judging the size of each kid’s equipment. Can you imagine, dear reader, the horror of that experience? Perhaps you can. And perhaps you can imagine why my Hanes remained safely affixed to my inguinal region as I scampered, eyes fixed on the cement floor, surely to meet my death. If I could just run under the sprinkler, I could retreat to my locker where someone somewhere surely had some of that spray deodorant. Christ almighty, friends. Why do we still embrace the communal shower? I WAS A CHILD!!!!!!!
This week, a lobbyist caught the vapors much like I had as a child. Only this lobbyist is an adult. Presumably. Because I still haven’t gotten over middle school and because I don’t want to write about anything else, let’s talk about one issue this week. Let’s talk football. Let’s talk gay paranoia.
* Airport security has forbidden joking about bombs and hijacking. Now TSA is cracking down on joking about TSA itself. In the interest of my next flight, “I love you, TSA!” [Daily Mail]
* A detailed analysis of the 14th Amendment’s role in the debt ceiling debate. President Obama should employ this solution now before the Supreme Court realizes there’s another part of the 14th Amendment they can overturn. [Main Street]
* Law school professors do not take kindly to your antics. [Law Prof Blog]
* The rules don’t apply to Yale or Harvard. Or at least the rules don’t apply to their law reviews. [Professor Bainbridge]
* Congress is still trying to decide how to regulate FM radio instead of looking at salient issues in modern copyright law. Given how brilliantly they keep the government open, maybe FM radio is the biggest issue we should give them right about now. [The Daily Caller]
* The lawyer as generalist is fading into obscurity. Let’s commemorate it in poetry, shall we? [Poetic Justice]
* A preview of some upcoming Supreme Court cases this week. Complete with cartoons! [The Spark File]
* Finally, here’s a little gem for Justice Ruth Bader Ginsburg fans that we got….
Elie here. In sports, we assess the legacy of athletes after every game. In politics, we assess the legacy of elected officials after every vote or scandal. So why can’t we do the same for Supreme Court justices?
In case you’ve been living under a rock, it’s been a pretty big week over at One First Street. The Court has decided a number of high-profile, controversial cases. Those decisions have come down with strong holdings, blistering dissents, and stinging concurrences. Each justice is aware that the words they’ve published this week could be around for a long time, long after they’re dead, and will be judged by history.
But who has time to wait for history? David Lat and I engage in some instant legacy analysis on what this week has meant for each of the nine justices on the Supreme Court. Let’s break it down in order of seniority, starting with the Chief….
* An anonymous Twitter account wreaks havoc on UK law students. One Tweet: “#LawTips: edit the Wikipedia page after copying it to avoid plagiarism.” Here’s a pro tip: if you’re copying Wikipedia for law school, you’re doing it wrong. [Legal Cheek]
* How out of control is tuition? At 26 law schools, recent graduates with $160,000 in annual income are STILL eligible for the federal IBR program intended to relieve the debt burden on impoverished students. [Constitutional Daily]
* You’d think the Republicans would be all for funding scientific endeavors to prove that rape victims in the animal kingdom “have ways of shutting that down.” [Jezebel]
* UNLV Law Dean Nancy Rapoport takes issue with Professor Derek Muller’s ranking of “Career Baristas” out of law school. If there was one dean who was going to know the statistical angles, it was going to be the one in Las Vegas. [UNLV Law Blog]
* Ever wanted to watch video of the folks from Lawyers, Guns & Money discussing Game of Thrones? Sure you have! And that’s why we invented jumps…
Looking at my notes from today’s United States v. Windsor argument on DOMA at the U.S. Supreme Court, “$Q” is everywhere. That’s my shorthand for “money quote.” The merits part of the argument was $Q after $Q, moments that made an impact, in some cases if only to show where a justice might be headed.
Here are five. Look forward to bringing you more in-depth analysis of the argument in the next couple of days.
* Because you know if you are trying to vote in Florida and might be a Democrat, they’re going to try to take your vote away. [Huffington Post]
* When you step back and look at it, the legal landscape for gays and lesbians is shockingly different than it was 20 or even 10 years ago. Yeah, I know a bunch of you care about marginal tax rates on Americans making over $250,000 way more than basic civil rights, but still. [New Yorker]
* Lawyers have really been working under difficult conditions in the aftermath of the storm. [National Law Journal]
* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog]
* Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal]
* Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News]
* Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press]
* Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]
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