* As we noted last week (third item), Judge Rosenbaum recognized that the government was bound to have phone records of the defendant since they were dragnetting the whole friggin’ country. Now the government has responded and predictably claims that this is all classified. [Southern District of Florida Blog]
* Speaking of follow-ups, remember how NYU Law was using non-profit slush funds to pay for housing for professors? Well, they also provided sweetheart loans for summer houses. [New York Times]
* The battle rages over the admissibility of audio expert witness testimony in the George Zimmerman trial. At least Howard Greenberg isn’t going to be there to call them all whores. [The Expert Institute]
* With the NYPD’s “stop and frisk” policy about to get smacked down in federal court, it’s important to remember there’s nothing wrong with “stop and frisk” — just every single way that it’s been applied for over a decade. [Vocativ]
* For our law professor readers, cognitive psychology says you get more fair results if you grade exams by question rather than grading the whole exam at once. It also means you’re not as likely to find 15 whole exams missing and fail to grade one student’s exam for weeks on end (in fairness, I ran into Professor Winkler and he assures me he eventually graded that exam). [Concurring Opinions]
* Communications between Superman and a minister in Man of Steel would likely be shielded by Kansas law. A better question is what law are we going to use to prosecute Superman for wontonly demolishing a city? [The Legal Geeks]
* If you’re living the Bitcoin lifestyle, you’re probably about to get taxed. [TaxProf Blog]
* If you checked out our story about the 3L seemingly taking over the admissions department at Indiana University, head on over again because there’s an update. [Above the Law]
* Two former professors have sued the Phoenix School of Law for valuing profits over students and faculty. If you can’t trust your local diploma mill, who can you trust? [Connecticut Law Tribune]
* On June 11, Atlas Obscura is hosting an interesting event called “Go Directly to Jail: Trespassing and the Law.” Ironically, the event requires advanced tickets. [Atlas Obscura]
* Top myths about law school and the legal profession… from the desk of the dean of Thomas M. Cooley Law School. “Thomas M. Cooley is the second-best law school in the country” is strangely not one of the myths they address. [Cooley Law School Blog]
* Legal blogging worlds collide when Law and the Multiverse guest posts on Volokh Conspiracy. [Volokh Conspiracy]
* And while we’re on the subject of Law and the Multiverse, they update their spoiler heavy piece from a few weeks ago about the criminal liability of the Mandarin in Iron Man 3. [Law and the Multiverse]
* Not much fallout yet, but Chris Christie just set the time for the special election to fill NJ Senator Frank Lautenberg’s seat. As far as I can tell, the date selected fulfills NEITHER of the statutes governing the issue, the relevant portions of which are provided after the jump…
First, 19:27-6 — Congressional vacancies (emphasis added):
If the vacancy happens in the representation of this State in the United States Senate the election shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do.
Meaning the election should take place in November 2014, because we’re already within 70 days of the next primary.
And then, 19:3-26 — Vacancies in United States senate; election to fill; temporary appointment by governor (emphasis added):
If a vacancy shall happen in the representation of this State in the United States senate, it shall be filled at the general election next succeeding the happening thereof, unless such vacancy shall happen within 70 days next preceding such election, in which case it shall be filled by election at the second succeeding general election, unless the governor of this State shall deem it advisable to call a special election therefor, which he is authorized hereby to do.
Meaning the election should take place on the date of the next general election in November.
October 2013 fits neither of these requirements. Yay for making up law!
Bar exam results from around the country are beginning to trickle in and the results are far from encouraging. The results from July 2014 were the lowest in recent memory, but many had hoped that the drop would prove to be only an aberration. This does not appear to be the case.
So now the real question is: How much longer will law students continue to stick with the major bar review companies that can’t seem to get them to pass?
* Professor Alfred Brophy wonders if The Great Gatsby (affiliate link) provides an early preview of product placement. In any event, I’m willing to bet the new movie will provide a stellar latter day view of product placement. [The Faculty Lounge]
* Brooklyn Law School will begin offering a 2-year JD program. This makes too much sense. [Brooklyn Law School]
* Former Dora the Explorer star rebuffed in effort to unwind settlement, in part over claims that she overpaid for her lawyer. He charged $755/hour plus a 37.5% “success fee.” This is the sort of thing that happens if a monkey is your most trusted confidant. [Hollywood Reporter]
* Oreck files for bankruptcy. Not Orrick, Oreck. They make vacuum cleaners that suck. Figuratively. [USA Today]
* Urinating on police stations? Detroit sounds like such a charming place. [Legal Juice]
* If you don’t mind spoilers, here are the answers to all your Iron Man 3 legal queries. Not answered: why was the post-credits scene so lame? [Law and the Multiverse]
* While created for short-sighted criminal defendants, this applies equally to the hubris of civil defendants who are just SURE they’re going to win. [What the Public Defender?]
* Caroline Kennedy just paid up her lapsed bar admission. Just in time for a Senate confirmation hearing… you know if she were to get nominated for something. [WiseLawNY]
Short-sighted studios are ruining the market for consumers… and themselves.
We at Kinney are running the search for a fantastic in-house opening in Singapore, at the leading and largest tech company in Southeast Asia. The spot will be filled by a US associate with at least three years experience in M&A, from a top Wall Street or equivalent US firm. Compensation will be competitive with what the new hire is earning at their top tier law firm.
* The saddest thing about prisons getting rated on Yelp is owning the bar down the street with fewer stars. [Simple Justice]
* Sending “LOL totes glty” is a bad idea. [IT-Lex]
* The chief of the Brooklyn DA’s gang bureau probably should have spent more time with the civil rights bureau. [NY Post]
* People don’t really pay attention to the U.S. News Best Intellectual Property Program rankings — though it’d help if they did. [Science to Law]
* UNLV’s Nancy Rapoport thinks law schools are no better than Enron. That sounds about right. [TaxProf Blog]
* When it comes to the Boston bombings, Logan Beirne answers, “What would George Washington do?” [Reuters]
* Tenure has put a crimp in the ability of law schools to excel in the ranking system that considers publication. [Ramblings on Appeal]
* Kickstarter plug: A progressive Yale student took a year off to make a documentary about a conservative activist group, the Tennessee 9-12 Project, to show civility and respect. [Kickstarter]
Maybe this is why Garth Brooks more or less disappeared.
* Congratulations to Judge Patty Shwartz on her confirmation to the Third Circuit. She will be sorely missed in the District Court — especially by Judge Hochberg. [People for the American Way]
* And congrats to another alum of my former office, Michael Martinez, who just joined Mayer Brown as a litigation partner. [Mayer Brown]
* “Sometimes the women partners make jokes about men. He forces himself to laugh at the jokes like he doesn’t care, and in the beginning he didn’t care….” [Ms. JD]
* Speaking of objectification, you’ve waited years for this: “The Cast of 12 Angry Men in Order of Hotness.” [The Awl]
* Uganda hates gays, and now they hate miniskirts. God only knows what they’d do to gays in miniskirts. [WSJ Law Blog]
* Two things our readers love: compensation porn and rankings. Which universities pay the highest faculty salaries? [TaxProf Blog]
* Another Yale Law School graduate turned writer: congrats to Steph Cha, whose new novel, Follow Her Home (affiliate link), just got a favorable review in the Los Angeles Times. [Los Angeles Times]
Roger Ebert really didn’t like legal movies all that much.
* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]
* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]
* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]
* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]
* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]
* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]
* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]
* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]
* “We are a teaching institution. We teach by not having television. We are judged by what we write.” Justices Kennedy and Breyer aren’t ready for their close-ups — they’re adamantly opposed to cameras in the courtroom. [Blog of Legal Times]
* Another thing Justices Kennedy and Breyer are adamantly opposed to is the sequester. They say that these unnecessary budget cuts will hit the criminal justice system where it hurts: its already overflowing docket. [WSJ Law Blog (sub. req.)]
* A liberal film critic took a shot at Justice Clarence Thomas by likening him to Samuel L. Jackson’s portrayal of the head house slave in Django Unchained. Methinks this is a RACEIST™ comparison, n’est–ce pas? [Reason Magazine]
* Reed Smith has a new managing partner, Edward Estrada, who plans to “aggressively recruit laterals.” No relation to Erik Estrada, but if he gets a pair of those cool sunglasses, we approve. [New York Law Journal]
* A better deal was reached in the BAR/BRI antitrust case. Say goodbye to the coupons, and hello to $9.5 million in cold hard cash… which means you’re going to get like $80 if you’re lucky. [National Law Journal]
* “This is a very disgusting case.” Why yes, yes it is. A mother is suing because she claims her son ate a used condom off the floor of a McDonald’s play area. It’s doubtful that she approved of the special sauce. [Reuters]