[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.
Media and Journalism
- Constitutional Law, Gay, Gay Marriage, King & Spalding, Media and Journalism, Paul Clement, Politics, Quote of the Day
Our buddy, the Honorable Alex Kozinski, is on a roll. On Monday, the chief judge of the U.S. Court of Appeals for the Ninth Circuit benchslapped a pair of wealthy, persistently annoying and mildly famous identical twins.
The same day, he gave a lecture at San Francisco’s Golden Gate University School of Law, where he declared the Internet has killed the First Amendment, or at least made it an anachronism. Heavy stuff.
More on what the judge said about the web’s effect on unsuppressable free speech, journalism and scumbag bloggers, after the jump.
Last night, Barry Bonds was found guilty of obstruction of justice, while the jury hung on all other counts, resulting in a mistrial as to those counts. We posted about it.
Now, I don’t expect non-lawyers to really understand what “obstruction of justice” means. I certainly don’t expect them to understand what a “mistrial” is. But I do expect anybody who has been through 1L year at an American law school to understand these concepts. I certainly expect law professors to understand these terms. And I freaking demand that legal analysts charged with making sense of this issue for ESPN — the WORLDWIDE LEADER IN SPORTS — have a basic grasp on what the hell is going on.
ESPN legal analyst Lester Munson, you, sir, have failed. Failed at your job. Failed at being a thought leader. Failed at failing in a funny, non-offensive way.
Even 1Ls won’t believe the kind of tripe Muson has been spewing on ESPN…
The gorgeous and glamorous Arianna Huffington, reigning empress of the liberal blogosphere, has been sued by some of her not-so-loyal subjects.
This morning, a group of unpaid bloggers for the Huffington Post, led by union organizer and journalist Jonathan Tasini, filed a class-action lawsuit against the HuffPo; its foundress, La Arianna; and media giant AOL, which bought HuffPo back in February. The gist of the lawsuit, as Tasini told Jeff Bercovici of Forbes, is that the site’s unpaid writers “must share in the value they create” — $315 million worth of value, based on what AOL paid for the Huffington Post.
As a writer myself, I’m all in favor of writers being paid for what they do. But the lawsuit against HuffPo strikes me as a bit dubious….
So you’re at a small firm and you want to be successful. Good. Why you wouldn’t want that is beyond me. But if you want to be a successful lawyer, you need to make a name for yourself. If you don’t want to be a successful lawyer, you can leave this post now. We’ll wait. [Waits while the preternaturally mediocre leave ATL for Dlisted or whatever.] OK? The rest of you stick with me.
Look. You didn’t end up at a big firm, because you didn’t go to a top law school or because your first-year grades weren’t as stellar as they could have been. So you’re not going to be making a huge salary in exchange for billing 2,500 hours a year. Deal with it. That doesn’t mean that you can’t have a very successful career as a lawyer. It just means that you need to take a different approach.
The most important thing you can do to make a name for yourself as a lawyer is to find a way to stand out from the crowd. Here are six tips on how to do it.…
- Blogging, Intellectual Property, Lawsuit of the Day, Small Law Firms, Technology, Trademarks, Vicious Infighting
Earlier this month, we presented you with a trademark law hypothetical. It was based on a dispute between Lawyerist and PeerViews Inc., parent company of TechnoLawyer, over the term “Small Law.” Lawyerist used the words “Small Law” in the title and text of this post — about Above the Law’s new offerings for small-firm readers, incidentally — and PeerViews objected.
In a letter by Kristen McCallion of Fish & Richardson, PeerViews expressed the concern that Lawyerist’s use of the words “Small Law” would diminish PeerViews’s goodwill in its “distinctive SmallLaw trademark.” PeerViews uses the mark for the TechnoLawyer newsletter on small firms.
We asked you, our readers, for your opinions on this matter. In the comments to our post, most of you sided with Lawyerist (but there were a handful of very vocal dissenters).
How will a judge or jury feel about this dispute? Because that’s who will get the next crack at this controversy. Lawyerist Media just filed a lawsuit against PeerViews in federal district court in Minnesota, seeking to invalidate the PeerViews trademarks on the terms “BigLaw” and “SmallLaw”….
Move over, chick lit. Make way for “clerk lit”!
Over the past few years, we’ve seen a number of novels focused on the clerkship, a professional rite of passage for many a prestige-obsessed young lawyer. In these books, plucky law-clerk protagonists have tried to do justice while also holding on to their jobs (and their sanity, and even their lives).
One of the first was The Tenth Justice (1998), a thriller by Brad Meltzer that went on to become a bestseller. More recent examples of “clerk lit” include The Law Clerk (2007), by Scott Douglas Gerber, and Chambermaid (2007), by Saira Rao. (Rao’s buzz-generating book, which generated controversy because it was seen as based heavily on her clerkship for the notoriously difficult Judge Dolores Sloviter (3d Cir.), was discussed extensively in Above the Law’s pages.)
Today we bring you news of a new novel featuring a law clerk protagonist: Tropical Depression, by Arin Greenwood. It tells the story of Nina Barker, a neurotic young lawyer toiling away at a large New York law firm, who decides — after losing her job and her boyfriend — to leave it all behind, by accepting a clerkship with the chief justice of a faraway tropical island.
Let’s learn more about Tropical Depression and its author, Arin Greenwood — who, like her protagonist, graduated from a top law school and worked at a leading law firm, before accepting a clerkship on a remote Pacific island….
Santa Claus — aka Bob Morse, rankings czar at U.S. News & World Report — is letting us open our presents early (or at least before midnight). The U.S. News law school rankings were supposed to come out on Tuesday, March 15, but Morse and his colleagues at U.S. News kindly posted them sometime around 10 p.m. Eastern time tonight. Yay!
(You’ll recall the same thing happened last year, too. The rankings were supposed to come out on April 15, 2010, but they were made available online by April 14 at 10:30 p.m., when we wrote about them.)
Now, on to the latest rankings — technically the 2012 law school rankings, but “ranked in 2011,” as noted on the U.S. News website.
We’ll start at the top, with a look at the top 14, or so-called “T14,” law schools. For the first time in ages, there’s a newcomer among their ranks. Guess who?
The U.S. News law school rankings come out tomorrow, Tuesday, March 15. In the meantime, however, U.S. News has given us a little teaser.
They’ve posted the top 10 law schools, over on their website. Let’s take a look, shall we?
Another day, another set of law school rankings. The world’s appetite for these things knows no bounds. Earlier this week, we covered U.S. News & World Report’s best law schools as ranked by law firm recruiters — and the reader interest and traffic were off the charts. Apparently there’s no such thing as “rankings fatigue.”
(Wait until we launch our list of law schools ranked by the quality of the toilet paper in their public restrooms. Because that’s something that actually matters to law students — probably more than, say, the number of volumes in the library, or even the square footage of the place.)
Today we bring you law school rankings by Forbes. The eye-catching title of Kurt Badenhausen’s post: “The Best Law Schools For Getting Rich.” Because you all went to law school in the hopes of becoming rich, right?
(If so, that was pretty dumb. According to some observers, a junior associate’s salary means you’re poor, and even a midlevel- to senior-associate salary doesn’t make you rich. Partner-level compensation is better, but even a million or two won’t get you access to the top slam pieces.)
Okay, let’s take a look at this list of law schools ranked by their graduates’ median compensation. Some of the schools on it may surprise you….