Guns / Firearms

Just try telling him to put out his smokes. Not gonna happen.

* Looming legal battle over the confidentiality agreement at the center of lawsuit over which team John Travolta plays for. [Gawker]

* The fallout from yesterday’s Obamacare Appellageddon continues. The D.C. Circuit and the Fourth Circuit are going to have some awkward parties until this gets resolved. [Federal Regulations Advisor]

* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]

* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]

* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]

* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]

* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]

* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]

Dan Markel

No major breaks have been announced in the investigation of the tragic death of Professor Dan Markel. Law enforcement authorities have not publicly identified any suspects. Dan’s former wife, Wendi Adelson, is working with the police and is both devastated at his loss and fearful for herself and their children, according to her lawyer. We extend our condolences and sympathies to her and to all of Dan’s family and friends at this time.

Until there are further developments in the case, let’s focus on Dan’s life rather than his death. I shared some of my own memories of Dan yesterday. Here are additional recollections of Dan from around the country….

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Dan Markel

As I mentioned in my earlier story about the horrific killing of Professor Dan Markel, I knew Dan since our days working together on the Harvard Crimson. Back then, he was Dan E. Markel ’95 and I was David B. Lat ’96. We both wrote columns and would edit each other’s work. We didn’t often agree — I was even more conservative back then, and he was, well, not conservative — but we respected each other’s thinking and writing.

After graduating from Harvard College (A.B.), Cambridge University (M. Phil.), and Harvard Law School (J.D.), Dan went on to have a tremendous career in law practice and teaching. He clerked for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at Kellogg Huber, the insanely elite D.C. litigation boutique. He then joined the faculty of the Florida State University College of Law, where at the time of his death he held an endowed chair as D’Alemberte Professor of Law. A prolific scholar in the areas of criminal law and punishment, he published numerous law review articles, pieces for general-interest news outlets like the New York Times and Slate, and a book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (aff. link).

But Dan was much more than the sum of his résumé items. Here are some testimonials and memories, from myself and others who knew him….

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Dan Markel

Professor Dan Markel of Florida State University College of Law, a well-known legal academic and law blogger, was shot in his home on Friday. He died of his wounds on Saturday. He was 41. We noted the news in Morning Docket and followed the news over the weekend on our Twitter feed.

I was friends with Markel, whom I knew since we worked together on the college newspaper, and in a subsequent story I will review his life and career and share some personal reflections. He was a great scholar and a wonderful person, as reflected in the outpouring of grief within legal academia, the legal blogosphere, and beyond.

In this post, I will summarize and analyze what we know (and don’t know) about Dan Markel’s terrible and tragic death….

(Please note the multiple UPDATES added to the end of this post.)

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Ed. note: Above the Law will have a reduced publishing schedule on Friday, July 4, in observance of the day when Will Smith beat those aliens.

* Two state supreme courts rejected the bids of guns rights advocates to give felons the right to own guns. But if you outlaw guns, only outlaws… wait, that slogan doesn’t work here. [The Volokh Conspiracy / Washington Post]

* Hobby Lobby fallout. Religious groups are asking President Obama to accommodate their “sincerely held belief” that gay people don’t deserve jobs. [Talking Points Memo]

* On the other hand, Hobby Lobby opens the door to student loan forgiveness. [Tyler Coulson]

* People hated talking to Steve Jobs about their work. Was it because kids these days don’t understand the value of hard work? Or was it because computer geeks are notoriously introverted? [What About Paris?]

* Don’t discriminate against people getting divorces — they’ve got enough to worry about. [Adjunct Law Prof Blog]

* Some legal academics think bank executives should be paid in bonds. Here are some arguments against that. [Fortune]

Sometimes students who enroll in law school very quickly realize that it’s not the right career path for them. Rather than lay out additional loan dollars, they happily withdraw from school and frolic to their next destination. Others “withdraw,” forget that lawyers want important decisions recorded in writing, and wind up accidentally failing out of law school. When they decide that they want to go back to school, this obviously causes problems.

In the case we’ll be discussing today, the former law student happened to file suit against the law school he once attended. He apparently decided that he really did want to be a lawyer, seven years after he initially quit. Alas, he needs a letter of good standing to apply to the school of his choice, and his old school won’t supply him with one.

Did we mention that he wants a letter of good standing so he can apply to Cooley Law?

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I just visited my wife and she said I like, blew up all over Facebook.

Jeremy Meeks, the 30-year-old California man whose mugshot went viral this week. Meeks previously served nine years in prison, and was recently arrested on gun charges in a multi-agency raid. He’s being held on $900,000 bond.

* Opening fire because a fast food place screwed up your burger order would be crazy. If they did it a second time? Well… [Lowering the Bar]

* McCutcheon at work in North Carolina. Yay free speech! [Constitutional Accountability Center]

* Texas prosecutor compares NAACP member to white supremacist. Because those are totally the same thing. [Houston Chronicle]

* In case you’ve ever wondered who’d win a fight between DMX and Justice Frankfurter, here’s your answer. [Slate]

* Having more fun with gun nuts. [Lawyers, Guns & Money]

* We’ve discussed trial by combat’s past before, but is it still a real thing? Video below, including shout-outs to Professor Adam Winkler. [The Young Turks]

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Mahbod Moghadam, formerly of Rap Genius

* Supreme Court justices are “basically rewriting the law,” sometimes years after the fact. As it turns out they’ve been quietly “changing the wording of opinions” — sometimes, even our legal idols make mistakes. [New York Times]

* Many law school deans at leading law schools are pretty pissed off about Justice Antonin Scalia’s latest criticisms of the legal academy. Please, continue taking “Law and Unicorns.” It’s a real class, we promise! [National Law Journal]

* Judge Randall Rader, who recently resigned as the Federal Circuit’s chief judge, released a memo to his colleagues apologizing for his scandalous recusals in a pair of patent cases. Poor guy. [WSJ Law Blog]

* Peter Alexander, Indiana Tech Law’s dean, has resigned less than a year after opening the school’s doors. The school’s interim dean doesn’t use capital letters in his name. That’s cute. [Journal Gazette]

* Très, très déclassé: Mahbod Moghadam, formerly of Dewey & LeBoeuf, was fired from Rap Genius after he inappropriately annotated suspected Santa Barbara shooter Elliot Rodgers’s manifesto. [Re/code]

Last week, we asked readers to submit possible captions for a video that looked a little like this. The original has since been taken down for very obvious reasons we’ll explain in just a minute:

On Monday, you voted on the finalists, and now it’s time to announce the winner of our contest…

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