Idaho
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Family Law
Idaho Passes Protective Surrogacy Law
The statutory lack has led to judicial interpretation of current parentage laws making the surrogacy process especially cumbersome for many hopeful parents and gestational surrogates. -
Morning Docket
Morning Docket: 11.23.22
* It takes a village worth of billables: this Texas firm has Thanksgiving covered. [12 News Now]
* You know these STOP WOKE laws will probably impact Republicans at some point, right? [The Atlantic]
* Bad news for Bitcoin Bros: Looks like the normies with 9-5s were right. [CNBC]
* Time to pay up Big Boy! [NYT]
* The constitutionality of an Idaho law banning transgender athletes hits the 9th Circuit. Again. [Boise State Public Radio]
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Free Speech
State Government Bans Teachers From Talking About Abortion And Jonathan Turley Is Here To Blame... The Schools?
When states tell you what they're doing, we should believe them.
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Courts
What SB8's Legalese Really Means
You'd think the 'masks take away my liberty!' people would be against state-mandated childbirth. -
Morning Docket
Morning Docket: 03.24.22
* Bad Blood: Apple is facing antitrust litigation because of its heart monitoring capabilities. [9to5Mac]
* Idaho’s governor just yolo signed a bill that flouts Roe. [NYT]
* All hands on deck: students are putting books on hold to support Ukraine. [Reuters]
* No Cuomo: NY passed laws that will strengthen harassment and discrimination protections. [National Law Review]
* According to the judge, you’re gonna need some paperwork for that. [Tennessee Lookout]
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Morning Docket
Morning Docket: 03.16.22
* KBJ now under fire for literally just doing her job as a public defender. How dare she! [NYT]
* Turns out Major League Baseball fumbled by not paying their minor league trainees. In other news, I clearly know about the sports ball. [AP]
* Reframing biodiversity discussions may play a key role in how litigants represent Nature. [The Guardian]
* Can’t do that! Ag-Gag law ruled unconstitutional. [Des Moines Register]
* Seeing double: Idaho is about to pass their version of the Texas Roe work-around. [Huffington Post]
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Morning Docket
Morning Docket: 03.02.22
* Come back when you’re older, spud: Bill to make tobacco purchasing age 21 passed Idaho’s Senate. [Daily News]
* Not enough of a good thing: a spike in need for legal help fighting evictions is hurting legal services. [The Real Deal]
* New Florida law makes panhandling a fineable offense. No clue how the state is gonna collect on that ticket. [FOX]
* Mask off: mask mandates got banned in Virginia schools. We’re like 5 minutes away from hand sanitizer being contraband. [WRIC]
* Deep rooted: Idaho wants to use contract to make sure that its Med students actually practice there once they earn their honorifics. [Idaho Capital Sun]
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Family Law
Parents By Sperm Donation Should Be Very Concerned About This Idaho Supreme Court Ruling
You probably know the refrain: No attorney was involved here. - Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How to best leverage generative AI as an early adopter with ethical use. -
Law Schools
Bar Exam Passage Rate Nosedives To 29 Percent
This is only the first of what could be many terrible reports. -
Morning Docket
Morning Docket: 05.22.20
* The lawyer for Carole Baskin’s missing husband says the signature on his former client’s will may have been forged. Please let there be more Tiger King episodes about this. [Fox News]
* An NFL player has filed a lawsuit against United Airlines over an alleged sexual assault that occurred on a recent flight. [ABC News]
* The Supreme Court decided against considering an appellate ruling that ordered the State of Idaho to pay for a transgender prisoner’s reassignment surgery. [New York Times]
* Lawyers are looking to reopen cases in which Tara Reade, who accuses Joe Biden of sexual assault, served as an expert witness, since Reade may have exaggerated her educational background. [Politico]
* Harvard Law School has made its “Zero-L” classes available to all law students online for free even though HLS originally planned on charging a fee for the courses. [Harvard Crimson]
* Richard Simmons has won a lawsuit against a media company that installed a tracking device on his vehicle. Can kind of understand the desire to know where he’s been recently. [Hollywood Reporter]
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Legal Ethics
Are Professional Conduct Rules Fascist? Let's Watch This Guy Slide Down His Own Slippery Slope!
Lawyers shouldn't make lawyers look like assholes is not a step removed from quartering troops. -
Family Law, Health Care / Medicine, Kids
I'm Sorry, Your (Full Faith And) Credit Is No Good Here
Hearts and minds aren’t won overnight -- but states need to follow the law of the land. -
Disasters / Emergencies, Small Law Firms
Another Day, Another Law Firm Bombing
We're sad to report this news, but law firm bombings seem to be en vogue right now.
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Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
How AI Is The Catalyst For Reshaping Every Aspect Of Legal Work
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Are Small Firms Going Big On Legal Tech?
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Non-Sequiturs
Non-Sequiturs: 01.13.15
* From the “Why the hell didn’t you settle this?” file: Now that Alexandra Marchuk’s case against Faruqi & Faruqi and Juan Monteverde has gone to trial, it seems the firm is getting all sorts of publicity — mostly negative. [New York Post]
* Supreme Court justices are really just like us… they show up late to work, too. Because Justice Antonin Scalia was stuck in traffic this morning, Chief Justice John Roberts had to summarize two of Scalia’s opinions from the bench. Oops! [NPR]
* Speaking of Justice Scalia, the Supreme jurist managed to sneak in a citation to Jane Austen’s Pride and Prejudice in his opinion in Whitfield v. United States to show the common usage of the word “accompany.” [Volokh Conspiracy / Washington Post]
* Remember Dennis Doyle, the lawyer who lost his job and dropped $25K to see every single Knicks game this season? He said this of his tragic endeavor: “I can’t shut it down. I’m in too deep. … I’ll see it through—if it doesn’t kill me first.” [Bleacher Report]
* An Idaho prosecutor is having regrets over the fact that he chose to issue an arrest warrant for a 9-year-old boy on gum-stealing charges, calling it “a mistake under the circumstances.” That kid must be the coolest on the playground. [ABA Journal]
* “Trying to suppress [the value of parody] with violence is a fool’s errand.” In the wake of the horror of the Charlie Hebdo shootings, it’s worth recognizing that here in the U.S., we owe much to rappers who have capitalized on free speech. [LinkedIn]
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Morning Docket
Morning Docket: 01.02.15
* In his year-end report, Chief Justice Roberts wrote about the high court’s belated adoption of the latest technological advances, but promised SCOTUS briefs and filings would be online… next year. [New York Times]
* It’s been recommended that J. Michael Farren, the former White House lawyer who attempted to murder his ex-wife — a former Skadden Arps attorney — be disbarred in D.C. Apparently the bar considers a conviction for something like this a big no-no. [Legal Times]
* Dzhokhar Tsarnaev’s terrorism trial for his involvement in the Boston Marathon bombings will begin in Boston on January 5, despite his legal team’s best efforts to avoid the inevitable. At least fangirls won’t have to travel to admire him. [Bloomberg]
* Here’s one law prof’s thoughts on Harvard Law’s lame response to sexual assault complaints: “I believe … that Harvard University will be deeply shamed at the role it played in simply caving to the government’s position.” Well then. [WSJ Law Blog]
* Remember the Idaho prosecutor who recited the lyrics to “Dixie” during closing arguments at a black man’s trial? The defendant’s conviction was overturned because the prosecutor “inject[ed] the risk of racial prejudice into the case.” [NBC News]
* “People asked me what I want as an epitaph: He tried.” Mario Cuomo, the three-term New York governor and Willkie Farr alumnus who was once considered to replace Supreme Court Justice Byron White, has passed away. RIP. [New York Times]
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Gay, Gay Marriage, Law Schools, Morning Docket, Old People, Rape, SCOTUS, Screw-Ups, Supreme Court, Technology
Morning Docket: 10.13.14
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.
* The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]
* On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]
* Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]
* A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]
* Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]
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9th Circuit, American Bar Association / ABA, Art, Biglaw, Blogging, Gay, Gay Marriage, Gender, Legal Ethics, Morning Docket, Partner Issues, Sentencing Law, State Judges, Tax Law
Morning Docket: 10.08.14
* How are Nevada and Idaho officials reacting to yesterday’s Ninth Circuit ruling striking down gay marriage bans in those states, and how soon might marriages get underway? [BuzzFeed]
* In other LGBT legal news, New York City is likely to make it easier for transgender individuals to amend their birth certificates. [New York Times]
* Good news for Joan Orie Melvin, the Pennsylvania Supreme Court justice turned convicted felon: her unorthodox sentence has been stayed (again). [How Appealing]
* Eduardo Leite, who has led Baker & McKenzie since 2010, gets another two years at the helm of Biglaw’s biggest firm. [American Lawyer]
* Cravath associate Micaela McMurrough scores a victory in tax court for artists. [New York Times]
* The ABA has issued a new opinion addressing ethical issues raised during the sale of a law practice. [American Bar Association]
* Why do lawyers blog? Tim Baran of Rocket Matter talks to 23 of us. [Legal Productivity]
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Law Schools, Libraries / Librarians
This Week In Law Schools In Trouble
Going to an unaccredited law school or even a law school of middling rank remains dangerous. -
Abortion, Constitutional Law, Gay, Gay Marriage, Health Care / Medicine, Law Professors, Law Schools, Morning Docket, Ruth Bader Ginsburg, SCOTUS, Supreme Court, Technology, Women's Issues
Morning Docket: 08.05.14
* According to Patron Saint RBG, the Supreme Court has never really come around on “the ability of women to decide for themselves what their destiny will be.” Gay people are doing well, though, so good for them. [New York Times]
* Two law professors and a consultant built a model that predicts SCOTUS decisions with 69.7 percent accuracy, and justices’ votes with 70.9 percent accuracy. For lawyers who are bad at math, that’s damn near perfect. Nice work! [Vox]
* An Alabama abortion clinic statute which required that doctors have admitting privileges at local hospitals was ruled unconstitutional. Perhaps this will be the death knell for these laws. [WSJ Law Blog]
* Idaho’s Supreme Court rejected Concordia Law’s bid to allow grads to sit for the bar before the ABA granted it provisional accreditation. Too bad, since lawyers are needed in Idaho. [National Law Journal]
* Before you go to law school, you can learn how to gun with the best of them. That’s right, you can practice briefing cases before you even set foot in the door. [Law Admissions Lowdown / U.S. News]
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9th Circuit, Associate Salaries, Biglaw, California, Education / Schools, Federal Judges, Gay Marriage, Law School Deans, Law Schools, Morning Docket, Rudeness, State Judges
Morning Docket: 05.15.14
* The times are a-changin’ for Biglaw in many ways, and lawyers may soon see their starting pay take a dive because clients think they “continue to be too expensive.” [WSJ Law Blog]
* Foley & Lardner plans to shutter its San Diego shop, following in the footsteps of other Biglaw behemoths. Not to worry, no one’s been laid off — that we know of, that is. [Am Law Daily]
* Say hello to Alabama Law’s new dean, Mark Brandon. Maybe he’ll be the man to propel the school to a #5 ranking in a publication other than National Jurist. ROLL TIDE! [National Law Journal]
* Earlier this week, an Idaho judge struck down the state’s ban on gay marriage, and now she’s refusing to issue a stay. Good on you, judge, but the Ninth Circuit may put those marriages in limbo for a while. [NPR]
* Speaking of judges who’re refusing to stay same-sex marriage rulings, last night, the Arkansas Supreme Court turned down the state attorney general’s request to put a stop to marriage equality. [USA Today]
* A lawyer working as Board of Education president in Mahopac, New York, resigned from his position after calling a PTA volunteer a “chubby wubby” at a school board meeting. That’s not very nice. [Journal News]