Gay

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….

double red triangle arrows Continue reading “Is It Ever OK To Serve Chick-Fil-A? An ATL Debate”

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…

double red triangle arrows Continue reading “Fed Soc Chapter Offers Chick-fil-A At Gay Marriage Event With Disastrous Results”


* 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]

double red triangle arrows Continue reading “Non-Sequiturs: 09.22.14″

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]

This week, a Louisiana court became the first federal district court to uphold a state ban on same-sex marriage since the U.S. Supreme Court’s decision in U.S. v. Windsor. Judge Martin Feldman of the Eastern District of Louisiana granted the state’s motion for summary judgment in Robicheaux v. Caldwell. Finding that the claims of same-sex couples did not implicate a fundamental right triggering heightened scrutiny of the state law, he applied rational basis review to the challenge. Judge Feldman rejected arguments that sexual orientation warrants intermediate or heightened scrutiny based on the Supreme Court’s ruling in Windsor, as well as Equal Protection arguments against the Louisiana ban based on sex discrimination.

“Many states have democratically chosen to recognize same-sex marriage,” he writes. “But until recent years, it had no place at all in this nation’s history and tradition. Public attitude might be becoming more diverse, but any right to same-sex marriage is not yet so entrenched as to be fundamental. There is simply no fundamental right, historically or traditionally, to same-sex marriage.”

American attitudes about LGBT people have changed. The fight for same-sex marriage has come far, fast. African Americans, women, disabled people, and members of other disenfranchised groups should envy the speed with which the LGBT community has achieved so much success. Not only have laws changed, but popular moral sensibilities have changed as well. In 2008, opposing marriage equality would put you in the company of most California voters. In 2014, expressing moral opposition to homosexuality can get you in big trouble. You can even face retroactive stigma — Brendan Eich, the former CEO of Mozilla who was ousted in 2014 because of his support of California’s Prop 8 in 2008, can attest to that.

double red triangle arrows Continue reading “Fast Progress, Fundamental Rights: How Much Do Changing Attitudes On Same-Sex Marriage Matter?”

When you think of George Hamilton, if at all, you think of the walking precautionary example for artificial tanning. Maybe you think of Tom Hagen’s replacement as the Corleone Family lawyer in Godfather III (if you acknowledge that the movie exists). But there was a time in the 60s when George Hamilton was the bee’s knees and hob-knobbing with the rich and powerful.

And because he was an actor, Lyndon Johnson thought Hamilton was “running around with a bunch of homosexuals,” so the White House set the U.S. Supreme Court and — ironically — J. Edgar Hoover on the case of digging into George Hamilton’s private life. It’s like a “Stars — They’re Just Like Us” feature for the current administration — see, government spied on its people just as much in the 60s as it does today. It’s just back then knowing gay people made you “a potential terrorist” instead of “Bravo’s demographic.”

Thanks to a FOIA request at the heart of an Eastern District of Pennsylvania decision, this is all finally coming to light…

double red triangle arrows Continue reading “LBJ, FBI, And SCOTUS All Spying On George Hamilton Because… Gay Stuff”

Page 2 of 50123456...50