Laurence Tribe

Won’t somebody please think of the children?

That quote comes from the contemptible Helen Lovejoy and probably a bunch of other sanctimonious folks trying to dupe the public into backing some BS agenda armed with the logical fallacy of an emotional appeal. The devil of it is these empty emotional pleas are so convincing to a lot of people. Sadly, lawyers aren’t above pulling this card to snowjob judges and the media.[1]

After the Vergara v. California decision there was a brief volley of commentary before everyone moved on to the next big event. The decision struck California’s teacher tenure law as unconstitutional because granting tenure to experienced teachers could possibly, maybe mean that a “bad” teacher couldn’t be fired fast enough. The decision earned the praise of a bi-partisan peanut gallery from the dwindling posse of Republicans in California to Secretary of Education and NBA Celebrity All-Star MVP Arne Duncan.

Everyone seems to want in on the “education would be peachy if it weren’t for the teachers” movement — including a metric s**t ton of Biglaw bigwigs. Gibson Dunn’s Ted Boutrous and Randy Mastro spearheaded the Vergara case. Ted Olson advised. David Boies is the chair of the Partnership for Educational Justice, a group fronted by former CNN anchor Campbell Brown bringing a similar lawsuit in New York fronted by Kirkland’s Jay Lefkowitzpro bono, of course. Now even Professor Larry Tribe is in the mix.

Stop the sanctimonious love-in. They aren’t championing children, they’re either starstruck or shilling or both. I mean, the Republicans have always wanted to kill unions because it’s easier to gut public schools for fun and profit. Democrats have jumped on board more recently because they want to suck up to tech billionaires like Bill Gates who preach that fixing the public education system that they never really participated in themselves is as simple as building an internet browser (which it is, if you want Internet Explorer).[2]

And all these legal luminaries throwing their reputations behind this effort just highlights how flimsy it is, as a matter of law and policy….

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* Suit filed questioning the parentage of Blue Ivy Carter. Plaintiff claims to be the real… mother? Hm. You’d think that would be pretty easy for everyone to remember. [International Business Times]

* The Washington D.C.-area NFL team has filed suit to get its trademark back. They think the USPTO are Indian Givers. [DCist]

* The ACLU is asking courts to define “freedom of the press” in the wake of Ferguson. I understand their impulse, I just don’t think they’re gonna like the answer. [Fox2Now]

* A 71-year-old lawyer allegedly called two escorts over to his house and they asked for more money. Even for rich lawyers it’s the principle of the thing. [South Florida Lawyers]

* Sad to see Professor Larry Tribe join the “let’s blame the teachers instead of funding public schools” parade. But now that he’s become a high-profile supporter of ending tenure for those teaching the young, perhaps he’ll renounce his own tenure. Or at least fight to revoke it from all his colleagues. [National Law Journal]

* A Colombian lawyer is suing FIFA for $1.3 billion over bad officiating. Of all the things FIFA deserves to get sued over, this isn’t making the list. [Washington Post]

* Congratulations to Rob Manfred, a Harvard Law grad formerly of Morgan Lewis, on his promotion to MLB Commissioner. He will continue the proud tradition of keeping us bored all summer long while we wait for football to come back. [New York Times]

* New lawsuit says Google kept records of plans to infringe intellectual property… on Post-Its. Unwise. Office supplies are for back-to-school shopping, not writing down wrongful acts. [Valleywag]

* If you’re a current 3L or a law grad about to come off a clerkship, NOAA has a job opportunity for you. Imagine how exciting it will be when the next Sharknado happens! [USAJobs via NOAA]

* Seattle City Attorney Pete Holmes took advantage of Washington state law and purchased himself some legal pot yesterday, making him the highest-profile lawyer in the country. [Seattle Post-Intelligencer]

* DC Comics blocked plans to build a memorial to a murdered 5-year-old Superman fan dressed in costume. Realizing that this was awful and stupid, they’ve reversed themselves. [Gawker]

* New York Justice Roger Barto said he was attacked and beaten with a toilet seat. The police disagree. [WHAM]

* Laurence Tribe recounting his experiences with a young Barack Obama. [Fiscal Times]

* Remember when Justice Scalia screwed up that decision and quietly edited it hoping we wouldn’t notice? Well the days of the secret editing of SCOTUS opinions are over. [CREW]

* The continuing coverage of the Donald Sterling trial: Sterling takes the stand. [mitchell epner]

* We talk a lot about work-life balance among lawyers, but we don’t think much about the work-life balance among law professors. [TaxProf Blog]

* If you wanted to understand the UK legal market, this infographic is basically “choose your own adventure” for a legal career across the pond. [Gorvins]

* What do the former Biglaw Bigshot and Joan Rivers have in common? [Law and More]

The Am Law 100 average spread is 11.1 to 1.

* If you’ve been dying to know what the partner compensation spread looks like at your firm, then we’ve got your fix. Check out the insane 23 to 1 spread over at Perkins Coie. [Am Law Daily]

* “It’s a complete structural change, and it’s not going away. The end result is fewer graduates, and fewer law schools.” With enrollment still dropping, the end seems near. [Boston Globe]

* “I predicted the collapse of legal education, but I didn’t quite predict how bad it would be.” Dean Frank Wu of UC Hastings Law is fighting his way out of a rankings slump. Good luck. [The Recorder]

* Widener is the latest law school to roll out a solo / small firm incubator. Only grads from the class of 2014 may apply. Earlier grads are ineligible because they presumably have jobs… maybe. [PennLive.com]

* You may think Chief Justice Roberts and Justice Scalia are “stuck in the past” and “disconnected from the real world,” but you may be wrong. You can read Uncertain Justice (affiliate link), by Laurence Tribe and Joshua Matz, to find out why. [New York Times]

* A judge has denied bail for the Georgia man accused of sending sext messages during his seven-hour work day while his 22-month-old son was left to die in his hot car. Ugh, this is terribly sad news. :( [CNN]

* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post]

* Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s internet speeds are. [DailyTech]

* Hey, after all those threesomes, Case Western Med School is the one in court over “professionalism” concerns. [Cleveland Plain-Dealer]

* Of course a case about using a chemical weapon on a mistress is named “Bond.” Let’s examine Justice Scalia’s curious concurrence, shall we? [Constitutional Accountability Center]

* Dragons and isolationism. Makes sense. [The Legal Geeks]

* Cybercrime is pretty costly. [Lawfare]

* The emerging schism in the LGBT community on whether the term “Tranny” is empowering or a slur. Of course this is Legal Insurrection coverage, so the conclusion here is everyone who’s not with the straight white male program should just keep quiet, but the issue itself is interesting. [Legal Insurrection]

* Judge Kopf was asked to review Uncertain Justice by Professor Tribe and Joshua Matz. He didn’t want to do it, but thankfully he changed his mind. [Hercules and the Umpire]

* Slate Money discussed the Second Circuit’s reversal of Judge Rakoff last week and cited Above the Law specifically for the word “benchslap.” [Slate Money]

* Congratulations to UC Hastings dean and occasional ATL columnist Frank Wu on his reappointment as chancellor and dean! [UC Hastings]

* Lawyer + Cat = Internet win. Here’s the pic that’s going viral… [Imgur]

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Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

* Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

* Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

* Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

* Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

* The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

* A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

* An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

* The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

* Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

* This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

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* Dan Marino was suing the NFL over concussions, becoming the highest profile former player to level a suit against the league. Among his allegations, he claims concussions led him to hold that ball laces in for Ray Finkle. Why do I say “was,” you ask? Because he claims he filed suit accidentally. No greater proof of the dangers of concussions necessary. [Awful Announcing]

* The Supreme Court used to gather in the basement and watch porn together according to Larry Tribe (affiliate link). Best anecdote is Justice Marshall narrating porn to the nearly blind Justice Harlan. You can spoil the ending for Justice Harlan here. [Washington Post]

* It turns out the Brits have their own obsession with law school rankings. Here’s their “league table” for a legal education. [The Guardian]

* You know not to wear a bikini to the firm pool party, but what should you wear to the other summer events? [Corporette]

* An article ponders when firms are going to figure out that recent law school grads are perfect paralegals. Thanks for that kick in the gut. [New Geography]

* Following up on an older story, the Fifth Circuit has withdrawn a ruling made in 2007 upon revelations that one of the judges involved had a financial interest in one of the parties. [Center for Public Integrity]

* Do we need more reasons why Bitcoin is stupid? Ah, it’s used in messy divorces to hide assets. Perfect. [Digital Journal]

* Debt collectors are increasingly giving up on calling you all the time and just seeking default judgments. [Huffington Post]

* From the SUNY Buffalo commencement, Judge Thomas Franczyk and graduate Joey Nicastro took the stage to perform a song for the occasion. Francis Malofiy is already planning to sue them. Video below….

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No, Professor Jacobson, you won’t be getting her scalp.

Yesterday we mentioned the latest issue to arise in the contentious Massachusetts Senate race between incumbent Scott Brown and Elizabeth Warren, the Harvard law professor turned political candidate and national celebrity. On his blog, Legal Insurrection, Professor William Jacobson of Cornell Law School effectively accused Warren of engaging in the unauthorized practice of law in Massachusetts.

Are the accusations valid? Let’s hear from some experts — and from you, through a pair of reader polls….

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You know you're getting old when this is the Spock you're referring to.

* Canadian comes to America, goes into $100,000 worth of law school debt, and has no job. Mwahahaha, Canada, let’s see your superior health care system find a cure for that! [Globe and Mail]

* Wait, you’re not supposed to take your baby along when you go to see a prostitute? Okay. Got it. See, that’s the kind of tip that isn’t in any of the Dr. Spock books. [Wave3]

* Ben Bernanke can time travel… [Dealbreaker]

* … While John Mara, owner of the WORLD CHAMPION New York Giants, simply revises history. [Forbes]

* Alan Dershowitz received a “D” on his first legal writing assignment. Apparently, his Yale Law School professor, the great Guido Calebresi, told him, “You write like you’re having a conversation with your friends in Brooklyn,” and then helped him work on his technique. Little did Calebresi or Dershowitz know that writing like you’re having a conversation with friends could lead to a successful life as a legal blogger. Boy, did they miss out! [Yale Alumni Magazine]

* Kenny Heitz, an Irell & Manella partner and former UCLA basketball champion, passed away. [Daily News]

Harvard Law School professor Laurence Tribe foresaw the Obamacare Tax Holding, and we’ve got video evidence to prove it….

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The former military intelligence analyst accused of leaking hundreds of thousands of documents to WikiLeaks has spent the last four days in a Maryland military court, undergoing a hearing to determine whether or not his case will proceed to court-martial.

For those new to the party, 24-year-old Bradley Manning is accused of committing the biggest security breach in American history. He has been in detainment for the last 19 months, and he faces a multitude of military charges.

The Article 32 hearings, which began on Friday, are something akin to grand jury proceedings in civilian court. At the end, Investigating Officer Colonel Paul Almanza, an Army Reserve officer and Justice Department prosecutor, will decide recommend whether Manning’s case will proceed to court-martial.

So far, the hearings have been interesting to say the least. Let’s see what’s going on….

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