Gay

During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”

But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.

Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….

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Today is the sentencing hearing for Dharun Ravi in the Tyler Clementi case. Ravi has been convicted of invasion of privacy and bias intimidation.

Prosecutors in the case have been asking Superior Court Judge Glenn Berman to sentence Ravi to prison time. And of course there are a bunch of other people who want Ravi to pay the stiffest possible penalty.

I’ve been listening to the hearing all day. Let’s take a look at what happened…

Various UPDATES have been added after the jump. Refresh this post for the latest.

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I’m not sure if everyone has noticed, but right now in America gay people are the only people it’s okay to be openly bigoted against. Think about it, you can’t say that Obama can’t be president because he’s black. You have to dress it up and say crap like “he’s Kenyan,” or “he’s a communist,” or whatever. You can’t say that women’s health isn’t important. You have to say “birth control is for sluts,” or something that means the same thing, but allows you to say that “this isn’t a war on women.”

But with gay people, you can openly discriminate against them, and find a bunch of lawmakers who will applaud you. It’s not going to cost you a job. Nobody is going to pull your funding. Hell, North Carolina just put it in their constitution that it’s okay to deny gay people a basic civil right. How sick is that? A constitutional amendment that one group of people doesn’t have the same rights as other groups of people. Even the president basically said that while he personally didn’t hate gay people, it was still cool for each state to determine its own level of antipathy toward gay people, and legislate accordingly.

In that world, it’s not a huge surprise that the Commonwealth of Virginia just voted against a judicial appointment for an openly gay prosecutor because he is gay. That’s it. Not “he’s gay and also a terrible prosecutor,” not even “he’s gay and nobody likes him.” Just being gay was enough for the Virginia House to deny this man an appointment everybody agreed he was qualified for.

We’re living in a society where “f*** them queers” is an entirely valid political, social, and legal argument….

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President Barack Obama now supports marriage equality. And so do many major law firms, it seems. More than 30 top firms provide the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)

Since our last discussion of which Biglaw firms offer the tax offset, a few more names have jumped on the bandwagon. Let’s find out which ones, shall we?

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Since our Friday photo essay on Dewey & LeBoeuf, the once-proud law firm that probably isn’t long for this world, numerous other outlets have produced some excellent Dewey coverage. We mentioned two of the pieces, about partner problems and unpaid janitors’ bills, in today’s Morning Docket.

It’s interesting to see how the pace of the Dewey story is shifting. We’re moving from the breathless breaking of news into a period of longer pieces focused on analysis and narrative. This makes sense, given that most of the major events have already transpired (with the exception of formalities that will be big news if and when they do occur — e.g., an official vote of dissolution, a filing of bankruptcy, etc.).

So let’s do a more comprehensive review of the latest Dewey stories from around the web. We bring you more theories of blame, more partner departures, and more revelations about the personal life of former chairman Steven H. Davis….

double red triangle arrows Continue reading “Boy, Dewey Have A Reading List For You!”

Over the past few weeks, we’ve heard some surprising rumblings of discontent from Boies Schiller. Why do we say “surprising”? Because the complaints have been about compensation, which is typically something that BSF lawyers never complain about.

Boies Schiller, the litigation powerhouse founded by the legendary David Boies, is an amazing firm. Its lawyers work on some of the biggest and most important cases of our time, and their compensation reflects that. In addition to paying above-market base salaries — the BSF scale starts at $174,000 — the firm pays bonuses that blow the NYC market out of the water.

In recent years, Boies has made two bonus payments to associates, one in December and one in April. But this year, April came and went, and many lawyers did not receive any payout. Of those who did receive payments, many were surprised at the small size.

So what happened? Did the relative cheapness of the disappointing spring bonuses at Sullivan & Cromwell trickle down (or up) to Boies Schiller? Let’s discuss….

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It sure took him long enough.

The President of the United States just came out in support of gay marriage. In an interview with ABC’s Good Morning America, the president said: “I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married.”

Yeah, I know, Barack Obama managed to make the most flaccid endorsement possible in support of the legal equality of gays and lesbians….

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* Dear Mr. President: are you in favor of civil rights for gay people or not? Let me put it another way: do you think that you should be allowed to marry the fence that has been banging you for the last four years? [Huffington Post]

* Here are the 15 law schools whose underemployment numbers are higher than their employment numbers. No lie, I was able to name eight of the 15 off the top of my head. [Tax Prof Blog]

* Would you wear a hijab while defending the accused 9/11 terrorists? What am I talking about, unemployed lawyers running around out here would wear a clown suit and mount a goat if they thought it would help them get a client. [Simple Justice]

* Senate Republicans blocked a bill to freeze student loan interest rates. Obviously, students in debt aren’t rich enough to merit help from Senate Republicans. [New York Times]

* Résumés: they’re not just for facts anymore. [DealBook / New York Times]

* What do you do if your neighbors smoke pot and your wife is trying to get pregnant? Well, marijuana makes sperm just as lazy as everything else, but if you are honestly living in a building where you get a “contact high” in the hallway, you should move out and let some awesome people move in. [New York Daily News]

Billable-hour requirements are generally like the price of gas: they just keep going up. A law professor might compare it to a one-way ratchet. As law firms try to increase their profitability — by doing more work with less manpower, thanks to recessionary layoffs that haven’t been completely reversed — they ask more and more of their lawyers. Right?

Well, not necessarily. One Biglaw firm recently lowered its hours requirement — and instituted some other perks worth noting.

Might other firms follow suit? Perhaps yours?

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King & Spalding has had fun times navigating the world of LGBT political correctness. The firm took some heat when one of its partners at the time, former U.S. Solicitor General Paul Clement, signed on to defend the Defense of Marriage Act. Then K&S took even more heat when it nixed Clement’s DOMA representation, causing Clement to resign.

You know that King & Spalding just wants to stay as far away as possible from any LGBT issue. The only thing they want to have sex with is fees.

But sometimes, attempts to be PC lead directly to hilarity…

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