Labor Day

Two people were killed during their Labor Day barbeque and another was seriously injured when their neighbor sneaked up behind them and opened fire.

In pretty much any other state, I’d be confident that their assailant would face justice for his actions. But this went down in Florida so who knows — who knows whether some nutjob jury down there will accept the various defenses his lawyers have offered to justify the slaying of two people.

Of course the shooter is asserting a “stand your ground” defense. I mean, that pretty much goes without saying at this point in Florida. A byproduct of the Zimmerman trial is that there will be a lot of additional death in Florida as crazy people think they’re allowed to shoot anybody who looks at them funny.

I don’t intend to post about every wacko who shoots first and stands his ground later. But this guy… this guy and his “sure, why not” lawyers are also asserting a defense under the Bush Doctrine.

Let me give Sarah Palin a moment to look that up before we continue…

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* Happy Blogiversary to… us. Above the Law turned six years old last week. In blog years, that’s like 100. I think we should put that on the masthead: Above the Law, Established circa 1912. In any event, thanks to all of our loyal readers who have been here from the beginning. Click on the link to take a look at how it all began. [Above the Law]

* Family claims they were kicked off a flight because the airline didn’t want their child with Down Syndrome sitting in first class. If they win, I think they are going to be able to afford a lot of first class flights in the future. [The Consumerist]

* Obama is going to have more judicial vacancies after his first term than he inherited from Bush. Part of the problem is that conservatives know how important the courts are and move to obstruct the President at every opportunity. Part of the problem is that progressives don’t seem to understand how important this issue is. [Boston Review]

* I hope many of you spent your Labor Day not feeling bad about having no paid labor. [The Onion]

* I do not rule out the possibility that the who pretend to be concerned that affirmative-action “hurts” minorities are the biggest goddamn hypocrites on the face of the Earth. [Accuracy in Academia]

* Don’t get me wrong, affirmative-action is so going down this upcoming term. There might be suitable alternatives in its place. I’m just finding it funny how some people are so outraged by this one program that allows colleges to “consider” race while developing their class. I can’t imagine how people would react if there was an inherent racial preference in American society for four hundred years. [SCOTUSblog]

Almost half (48%) of Career Center survey respondents said they were too busy billing on the Labor Day holiday to fire up the barbie. That’s more than the 35% of survey respondents who reported working on the Fourth of July, but less than the 73% of respondents who worked on Presidents’ Day, and the 66% of respondents who worked on MLK Day.

The most popular reasons given for skipping out on the Labor Day celebrations were:

56% said that nobody specifically asked them to do work, but they had work they needed to get done. 29% said a partner or associate asked them to do work. 14% said a client asked them to do work. 10% said they needed the hours. 7% said everyone else in their office was working. 3% said that Labor Day is not recognized as an official firm holiday.

Now let’s find out in which practice areas and at which Biglaw firms associates were most and least likely to work on Labor Day….

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Accepted in Utah.

* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly]

* Next time a TSA agent sticks her hand down your pants and cops a feel, try not to call it “rape” on your blog. Instead, maybe just admit that you were asking for it by showing up to the airport dressed in all them clothes. [Techdirt]

* After Labor Day, consider that “every day should be a day to care about working people.” And don’t forget that even though judges live in impenetrable fortresses of justice, they are people, too. [Underdog]

* Here’s a good one for the 1Ls. If you’re a grieving mother and your boss forces you to remove pictures of your dead daughter from your cubicle as if she never existed, is he intentionally inflicting emotional distress upon you? Nope, but he sure is a douchebag. [Courthouse News Service]

* “In my day, we used to walk 70 miles to school…” Next time grandpa forces you to hike the Grand Canyon and starts with this old codger rhetoric, give your mom a call. That’s not legal. [CBS News]

Grandpa's idea of fun.

* If you have time to read real books, maybe you should check some of these out from the library. Do those even exist anymore? Ugh, just download them to your Kindle. [Constitutional Daily]

* One is the loneliest number, especially if you’re supposed to be in a partnership. Professor Larry Ribstein has some ideas on what ought to happen post-breakup. [Truth on the Market]

* Ahoy, me matey. This law blogarrrr wants ya t’ know that if ya want t’ trade for booty usin’ yer gold doubloons, steer yer ship toward th’ land o’ many wives. [Adjunct Law Prof Blog]

Who celebrated Labor Day with an end of summer bash, and who was too busy laboring away on billable work?

Tell us by taking our short and confidential survey, brought to you by Lateral Link, and then check back later in the week for the survey results. In the meantime, you can visit the Career Center to find out more about the vacation policies at the nation’s top Biglaw firms.

Judge Peggy Ableman

Ed. note: Due to the Labor Day holiday, we’ll be on a reduced publication schedule today. We’ll be back to normal tomorrow. A restful and happy Labor Day to all!

* More about the Delaware benchslap that we covered last week (including the news that Judge Peggy Ableman’s pajama party did not go forward as proposed). [Delaware News-Journal]

* The federal government is suing 17 banks for almost $200 billion, blaming the banks for mortgage-backed securities that went bad. [Bloomberg]

* An interesting dissection of the legal fees that Dewey & LeBoeuf is running up as counsel on the Los Angeles Dodgers bankruptcy. [New York Times]

Roger Clemens

* Roger Clemens will face a second trial next year. Lester Munson, the esteemed legal analyst, explains why. [ESPN]

* “From One Bankrupt Firm to Another: Brobeck Asks Heller For $471,000.” [Am Law Daily]

* AT&T faces a tricky balancing act in dealing with the Justice Department’s challenge of the T-Mobile deal. [New York Times]

* If you’re confused about the current role of lawyer-turned-entrepreneur Michael Arrington over at AOL, in the wake of AOL’s acquiring his TechCrunch site, you’re not alone. [Digits / Wall Street Journal]

Peggy Ableman

Earlier this week, we reported on the latest benchslap from Judge Sam Sparks (W.D. Tex.). In his order, Judge Sparks invited attorneys to a “kindergarten party,” to address what he perceived as childish behavior.

Judge Sparks eventually called off the party. That makes sense, since he had already achieved his goal of publicly shaming the attorneys appearing before him.

Other judges have apparently taken notice. Now comes Judge Peggy Ableman of Delaware. She has called for attorneys appearing before her to attend “a ‘special’ emergency refresher course in first year ethics and civility.”

UPDATE (5:20 PM): Darn it. Delaware Superior Court Presiding Judge James T. Vaughn Jr. has taken over the case and canceled the “refresher course,” as reported by the Philadelphia Inquirer.

What’s really going to make the allegedly childlike attorneys squeal is that Judge Ableman scheduled her remedial class for the middle of Labor Day weekend….

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