Gay

Judge Jeffrey White

At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.

– Judge Jeffrey S. White, in his recent order in Golinski v. Office of Personnel Management, which concluded that Section 3 of the Defense of Marriage Act is unconstitutional.

(Context and commentary, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: A Reverse Benchslap… of Chief Judge Kozinski?”

Casey Anthony is pissed.

* And now another reason for lawyers to hate other lawyers (even more than they already do): Westlaw and LexisNexis are being sued for copyright infringement for selling access to publicly filed legal documents. [WSJ Law Blog]

* MGA Entertainment’s antitrust suit against Mattel has been dismissed. In celebration, attorneys from Quinn Emanuel will buy themselves hot pink convertibles while singing that “Barbie Girl” song. [Thomson Reuters News & Insight]

* Yesterday in the Golinski case, a federal judge ruled that the definition of marriage under DOMA is unconstitutional. Come on, even a Bush II appointee knows what’s up. [Poliglot / Metro Weekly]

* After finally realizing that he was a lawyer and not an agent — and that his most infamous client wasn’t worth as much as he thought — Jose Baez dropped Casey Anthony like a bad habit. [Miami Herald]

* Former University of Virginia lax player George W. Huguely V was found guilty of second degree murder in the death of Yeardley Love. UVA students are instructed to pop their collars at half-staff. [Bloomberg]

* It looks like Marcus Epstein landed on his feet. [One People's Project]

* A cop in Akron says he found a female judge and a female lawyer “half-naked, late at night in back of car reeking of booze.” Clearly, this is LeBron James’s fault. [Daily Mail]

* An NYU Law grad and former WilmerHale associate, Cristina Alger, has just published a new novel (affiliate link) that looks quite interesting. [New York Times]

* Proposition 8 proponents want en banc review in the Ninth Circuit. I think we should raise the stakes. They’ll get an en banc panel, but if they lose they all have to get gay-married and try the goddamn green eggs and ham already. [MetroWeekly]

* Yeah, the Columbia Law School ad that we highlighted last week is starting to make the rounds now. [Legally Nonfiction]

* Couldn’t we simplify errant golf ball liability to: if you get hit with a golf ball while you are on a golf course, it’s your fault. If you get hit with a golf ball while not on a golf course, liability rests with the whackjob who is hitting golf-balls in the middle of the city. [Legal Blitz]

* Are women more concerned with fairness law? [Ms. JD]

* How would you describe the mainstream media’s recent reporting on Citizens United? Not true, not true — and Dan Abrams explains why. [Mediaite via The Corner / Ramesh Ponnuru]

* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]

* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]

* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]

* Professor Mark Fenster writes an interesting post in defense of boredom (triggered by Adminlawgate at Yale Law School). [PrawfsBlawg]

* Speaking of boredom and frustration, let’s talk about… e-discovery! [Inside Counsel]

* What’s a hot practice area for 2012? [Going Concern]

* Speaking of hot practice areas, are you an intellectual property or technology lawyer? If so, this development might interest you. [MarketWatch]

Jennifer Hudson

* At least two firms probably won’t be handing out spring bonuses like candy this year. While gross revenue remained steady at Dickstein Shapiro and Crowell & Moring, PPP dropped at both firms. [Legal Times]

* Not-so breaking news: the Thirteenth Amendment applies only to humans. It seems like the only people who didn’t already know that were the lawyers PETA hired for their orca whale slavery case. [Washington Post]

* Washington has approved a bill to legalize same-sex marriage, and Governor Gregoire has vowed to sign it. Wedding planners can prepare for a fabulous summer season, and divorce practitioners can create a new niche. [CNN]

* In China, lawyers are allowed to name their firms after imaginary people. Here in the United States, we’ve got laws against that, and for good reason. Because knowing Americans, we’d probably end up with a bunch of dueling Dewey, Cheatem & Howes. [Thomson Reuters News & Insight]

* Jennifer Hudson says, “And I am telling you, I’m not going — to speak to your lawyers.” William Balfour’s defense team wants to meet with her prior to his murder trial. [Chicago Sun-Times]

* Valentine’s Day is right around the corner, and if you’re still trying to find the best present for your crappy spouse, then look no further. This law firm is giving away a free divorce. [Charleston Daily Mail]

* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]

* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]

* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]

* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]

* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]

* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]

* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

double red triangle arrows Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”

Judge Jeffrey Sutton

Over the weekend, Mark Oppenheimer wrote an interesting New York Times piece about the Sixth Circuit’s recent ruling in Ward v. Polite (PDF). In that case, Judge Jeffrey Sutton — noted feeder judge, judicial hottie, and possible SCOTUS nominee in a Republican administration — handed a (partial) victory to Julea Ward, an evangelical Christian who sued various teachers and administrators at Eastern Michigan University, where she had been studying counseling.

Here’s a concise summary of the facts, from the opening to Judge Sutton’s opinion (which is wonderfully clear; he’s great at explaining complex legal issues to large lay audiences; see also his Obamacare opinion):

When the university asked Ward to counsel a gay client, Ward asked her faculty supervisor either to refer the client to another student or to permit her to begin counseling and make a referral if the counseling session turned to relationship issues. The faculty supervisor referred the client. The university commenced a disciplinary hearing into Ward’s referral request and eventually expelled her from the program. Ward sued the university defendants under the First and Fourteenth Amendments.

Ward claimed that her expulsion violated her free speech and free exercise rights. The district court granted summary judgment in favor of the university, but the Sixth Circuit reversed. At the same time, the Sixth Circuit held that Ward wasn’t entitled to summary judgment in her favor either: “At this stage of the case and on this record, neither side deserves to win as a matter of law.” So perhaps we’ll end up with a trial.

Who’s in the right here, Ward or the university? Let’s discuss….

double red triangle arrows Continue reading “Should Therapists Be Able to Turn Away Clients on Moral Grounds?”

Greg Kelly

* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]

* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]

* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]

* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]

* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]

* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]

* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…

double red triangle arrows Continue reading “Non-Sequiturs: 01.26.12″

* You wonder if the Supreme Court justices who went to the State of the Union even noticed Gabrielle Giffords last night, much less were humble enough to learn anything from her example. [Slate]

* Rapelisberger Roethlisberger settles his case. [NBC Sports]

* Let me get this straight, first conservative parents want the magical creation story taught in schools. Now they want “ex-gay therapy” to be taught as well. Here’s a thought: why don’t you teach your kids that in church, and let schools focus on things that are actually real. [Huffington Post]

* Pepperdine University won’t let students form an LGBT organization because it’s against God’s will. Also against God’s will, intelligent people going to Pepperdine. [The Advocate]

* Should companies help us recover our purchases if they are stolen? I’d settle for increased taxes so we can afford more police officers to do that job, but don’t mind me, I’m the guy who thinks government has a responsibility to its citizens. [Overlawyered]

* I didn’t know I could just buy a drone and fly it anywhere. [Not So Private Parts / Forbes]

* My dog ate my homework. Also, my dog killed my wife. [Legal Blog Watch]

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