Gay

What’s all the fuss with Trinity Western law school? For those who don’t know, Trinity Western is a private university in British Columbia. Its stated mission is to change lives “through its whole-person, Christ-centred approach to education.”

We don’t have very many religious four-year colleges and universities. Trinity Western is one of the few I can name. The U.S., of course, has a long history of religion-affiliated colleges. The Catholics have Loyola-here and Loyola-there, the Jews have Brandeis and Yeshiva, Muslims have Zaytuna, the Protestants have Bob Jones, etc.

Trinity Western is our country’s Bob Jones. Every student has to sign a long covenant (we’ll call it “The Covenant”) that includes the following promise:

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An LGBT group at a top law school is having a “neon party” this weekend. Posters promoting the event featured a scantily clad black woman with a pleasing backside. This poster has caused a kerfuffle… and I bet you can guess the law school.

Now, it doesn’t escape the notice of the black community when white gay men appropriate black female culture (or white women who have appropriated black culture) as “mascots.” But black people are pretty used to white people “stealing” their culture. White culture is like the Borg.

That said, there are real, honest-to-God racial issues in this country that need to be addressed. Gay men twerking is not one of them

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A Chick-fil-A meal (photo by David Lat).

Joe here. You’re minding your own business, checking your law school email in lieu of listening to the lecture, when an invitation catches your eye. It’s from the local Federalist Society chapter and they’re hosting an event on marriage equality. Fed Soc puts on good events, and unlike a lot of the issues out there, marriage equality is an issue where the organization might have a fair and respectful debate. After all, this is the organization of Ted Olson and Richard Posner as much as it’s the organization of Antonin Scalia and Samuel Alito. There’s room under that ideological tent. But you open the email to see an oversized Chick-fil-A logo. Shock jock tactics.

To say that Staci and I disapproved would be an understatement.

Now imagine the event were not about marriage equality. Would it be acceptable to serve Chick-fil-A at a talk on gun control? On eminent domain? Is there ever a time where Chick-fil-A is a “content neutral” noshing option?

I say no. David says yes. We let you in on our argument about this….

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Mike Sorrentino

* 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]

Chick-fil-A: tastes like hate?

Every year, law students find themselves at odds with each other thanks to the convenience of school-wide listservs. Where else can you spew all of your vitriol at classmates with just the click of a button? Welcome to law school, folks.

Perhaps the most storied law school listserv belongs to Northwestern University School of Law, where the “PC Police” live to serve. As we’ve noted in the past, “[t]he school seems to have a number of students who are easily offended. Some of the kids there overreact at the slightest provocation.”

So what happens when something that’s actually offensive occurs? For example, what do you think would happen if a conservative student group like the Federalist Society were to host a debate on same-sex marriage, with food catered by Chick-fil-A? As you can imagine, students lost their minds…

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* 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]

* New York court authorizes service over Facebook. Finally, a reason to use Google Plus. [Slate]

* Texas struck down the statute banning upskirt photos. The decision is more interesting than the sound-bite press it’s getting. [Popehat]

* Some PR advice may be privileged. Which is good because the law needs to incentivize companies trying to cover up possible legal liabilities. It might be more nuanced than that, but still. [Corporate Counsel]

* In the wake of the passing of Tommy Boggs, a profile on his power within Patton Boggs, including details of the final year leading up to its merger. [National Law Journal]

* A roundup of early reviews for David Lat’s forthcoming novel, Supreme Ambitions (affiliate link). [Supreme Ambitions]

* On choosing a criminal defense lawyer and why you might not want some reformed prosecutor. [Katz Justice]

* The Senate confirmed Gordon Tanner as general counsel to the Air Force. This is noteworthy because it reflects just how quickly the country has progressed from affirmative witch hunts, to “Don’t Ask, Don’t Tell,” to confirming a gay man as the top lawyer for a branch of the Armed Forces. [Washington Blade]

* A 49er fan is suing the NFL for $50 million for a policy that limited ticket sales to customers in Seahawks territory. Based on the season so far, he luckily won’t have to worry about the 49ers in the playoffs this year. [ESPN]

* Speaking of football, South Park ran an ad limited to D.C. during the Washington-Eagles game. See Eric Cartman school Dan Snyder on trademark law, after the jump…. [SB Nation]

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Kent W. Easter

* 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]

* It’s fun to keep suing the Redskins over their racist nickname. It’s also fun to watch the Washington Football Club get the snot beat out of them. [ABA Journal]

* Legal aid… for inventor seeking venture capital. Everybody needs lawyers, folks. Nobody wants to pay for them. [San Jose Mercury News]

* Goldman picks and chooses which employees have their legal fees picked up by the firm. [New York Times]

* Judge Posner’s past pontifications on gay marriage, sans benchslaps. [Washington Blade]

* Harvard received the largest donation in its history. It wasn’t from me. [Business Insider]

* A nice review of David Lat’s book, Supreme Ambitions (affiliate link), by Judge Kopf. [Hercules and the Umpire]

Judge Richard Posner

* 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]

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