Gay

Supreme Court SCOTUS photo by David Lat* Some observers do not appreciate the U.S. Supreme Court’s recent Delphic pronouncements on a slew of hot-button issues. [New York Times]

* The New York Court of Appeals does international banks a solid — but is it bad policy? [Reuters]

* Fired Canadian radio host Jian Ghomeshi hires Dentons to sue CBC, which dismissed him over allegations of sexual misconduct. [American Lawyer]

* Is post-Citizens United money polluting judicial elections? [New York Times via How Appealing]

* An Englishman sues Sotheby’s, alleging that the auction house negligently failed to inform him that a painting he sold through Sotheby’s was by Caravaggio and worth millions. [BBC]

* If you’re a lawyer looking for extra income, check out Avvo’s new service, which offers consumers on-demand legal advice for a fixed fee. [Law Sites via ABA Journal]

* Is it reversible error for a judge to refuse to ask voir dire questions related to sexual-preference prejudices? [Southern District of Florida via How Appealing]

Better than Biglaw? Obviously.

Better than Biglaw? Obviously.

* “I think we have to be concerned that almost all of us are from two law schools.” Justice Clarence Thomas thinks that the Supreme Court bench ought to be more diverse. [New York Times]

* The DoJ expanded its recognition of gay marriage by adding six states to its roster of those newly entitled to federal benefits — now more than half the country. Yay! [Bloomberg]

* Former White House Counsel Kathryn Ruemmler has withdrawn from consideration as a nominee for Eric Holder’s job as AG. She and her shoe collection will remain at Latham. [WSJ Law Blog]

* [I]t’s profound that we have not made much progress on that front in the legal profession.” There’s still an income gap between men and women in the law, and it gets worse over time. :( [National Law Journal]

* Come sail away, come sail away, come parasail away with me. This former Biglaw associate found that life slaving away at a law firm wasn’t her paradise, so she decided to move to the beach. [Am Law Daily]

4 Times Square

4 Times Square

Today’s Lawyerly Lairs column is about a Skadden associate’s search for a home (other than 4 Times Square, where he surely spends most of his waking hours). The firm requires sacrifices of its lawyers, but it also offers rich rewards, including generous pay and ample prestige. There’s a reason that Skadden is a top 10 firm in our new law firm rankings.

Working at Skadden gives you the ability to buy a Manhattan apartment while you’re still in your early 30s. The home we’re about to view is not a lavish lawyerly lair, but it’s a perfectly respectable starter apartment.

Let’s have a peek, shall we?

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* TSA vs. the Nobel Prize. [Lowering the Bar]

* A judge accidentally leaked the name of a juvenile in a juvenile sex case. But more to the point, this case is about a boy having a three-way with two of his English teachers on one of the teacher’s birthdays. I mean… South Park. [The Times-Picayune]

* Teaching torts rots your brain. Maybe. [PrawfsBlawg]

* Houston officials are backing away from their subpoena of sermons delivered by anti-gay pastors trying to get their congregation to sign petitions — even if the signatures were potentially fraudulent. [The Blaze]

* Stand Your Ground laws find new ways to be dumb. More cases of abused women trying to evoke Stand Your Ground laws and being told that states really only meant for those to protect white dudes shooting black kids. [Slate]

* A funny and insightful look at exactly how hearings go down at Gitmo. [New Jurist]

* A federal judge has recused the entire Eastern District of California from a case on the basis of allegations that federal prosecutors systematically defrauded the court. Prosecutors misbehaving? That’s unpossible! [New York Observer]

Or at least between one group of plaintiffs and one group of defendants. A Missouri judge was hearing a challenge to the state’s ban on same-sex marriages. Then the plaintiffs filed for summary judgment and sought a permanent injunction directing county clerks to issue marriage licenses to same-sex couples. All pretty standard.

But then the Missouri Family Policy Council filed a brief in support of the defendants. Which was jarring for the Judge Ortrie D. Smith since the Missouri Family Policy Council was not a party to the case and had sought no permission to file anything with the court.

Benchslap ho!

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The source of the Supreme Court’s tech problems?

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]

After the U.S. Supreme Court denied the petitions for certiorari in several leading same-sex marriage cases this week, media coverage exploded with headlines like “Legal Argument Over Gay Marriage Is All But Over.”  Advocates of LGBT rights seemed to view all future court action as a mere victory lap.  Sarah Warbelow, the legal director for the Human Rights Campaign, told the press, “It’s really hard to imagine the Supreme Court would have allowed thousands of same-sex couples to get married, including in some very conservative areas like Utah, and then turn around and say, ‘Just kidding, there’s nothing wrong with state bans.'”

Warbelow deserves some slack for her sanguine interpretation of this week’s news.  After all, she has a cause to promote.  And as a general rule, when SCOTUS declines to hear a case on a particular question, one might reasonably assume that they aren’t concerned with correcting the lower court’s treatment of the issue.  But this is hardly a routine legal matter.  Nothing emanating from First Street this week made the fate of same-sex marriage in America certain.  So, why are so many other observers acting as though the Court just handed the LGBT community a gift box of equal rights, neatly wrapped in denied cert petitions?  Why is there so much denial about what these cert denials mean?

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Justice Joan Orie Melvin

* 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]

* 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]

There was a time in ‘Murica when surrounding yourself with gay and lesbian friends was the only way to avoid the endless navel-gazing of wedding season. Don’t want to know who is registered where? Can’t force a smile through one more “best man” speech that devolves into “there are so many great things I could say about this guy if his woman… err, wife, weren’t here.” Having gay friends was the way to avoid all that. Sometimes a man just wants to sit down and watch the Tony Awards in peace, without having to look at another man’s wedding album.

Well, those days are done. The Supreme Court today didn’t grant cert to review bans on gay marriage in five states….

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