National Security Agency

‘We’re not Case Western Law.’

* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]

* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]

* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]

* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]

* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]

George Zimmerman, Esquire?

* Mayer Brown issued a response in the wake of its NSA scandal, saying there’s “no indication” spying happened “at the firm.” Spying “of the firm” is another question, but don’t worry, clients, your information is totally secure. [Chicago Tribune]

* “He is almost treating the clients as chattel.” Lateraling may have just gotten harder, because a judge in the Howrey case expects you to kiss your book of business goodbye as soon as you ditch your firm. [Wall Street Journal (sub. req.)]

* Law school applications have plummeted, but some schools are really struggling. Which had the largest drops in enrollment? Take a wild guess. We’ll have more on this later today. [National Jurist]

* You can’t just sit back and relax after you’ve sent off your law school applications. You need to gun your way to enrollment and be as appropriately annoying as possible. [Law Admissions Lowdown / U.S. News]

* George Zimmerman, who says God is “the only judge that [he] has to answer to,” hopes that he’ll eventually become a lawyer. We imagine that kind of an attitude will earn him a sanction or two. [CNN]

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

* With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

* Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

* For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

* Haller Jackson, the law clerk accused of attempted aggravated rape of a minor, has been in and out of court. His defense team filed a motion to suppress a purported confession. MOAR info, plz! [Slabbed]

* Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]

Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

In too many ways, 2013 was a year that vindicated the long-standing paranoia of many Americans, particularly the more conservative. A bewildering number of stories littered the news that seemed to confirm exactly the sort of gross government overreach that previously sounded like a delusion of someone whose eyes were scanning the skies for black helicopters. In spring 2013, for example, we learned that the IRS had been targeting the 501(c)(3) applications of conservative and libertarian organizations, apparently based solely on their political and philosophical affiliations. Nothing in 2013, though, fanned the flames of political paranoia quite like revelations of the National Security Agency’s mass surveillance programs.

In Clapper v. Amnesty International USA, decided in February, the U.S. Supreme Court dismissed Amnesty International’s constitutional challenge to a portion of the FISA Amendments Act of 2008. In its 5-4 opinion, the Court found that Amnesty lacked Article III standing, in part because the plaintiffs could not show that they had necessarily been targeted for surveillance. When Edward Snowden later disclosed details of the NSA’s PRISM surveillance program, civil libertarians experienced something of a Pyrrhic victory. Standing would not be a problem in many future lawsuits because the revelation of PRISM established that millions of Americans had been subject to some NSA spying. The only question was whether that surveillance amounted to a violation of the law.

As we leave 2013 and 2014 dawns, some new developments have emerged . . . .

double red triangle arrows Continue reading “NSA Surveillance In 2013: The Year Of Vindicated Political Paranoia”

Edward Snowden

* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

* Judge William Pauley ruled that the NSA’s warrantless spying program is legal, noting that — if it had existed — the government could have predicted the 9/11 attacks. Good point, because intelligence agencies were in no position to figure out that there was an attack brewing without a Big Brother initiative. Oh… wait. [Huffington Post]

* On a related note, a cartoon from 1994 that predicted the NSA’s controversial programs. It’s really kind of scary…. [Slate]

* Britain’s clowns are furious that people are dressing up as clowns and trying to scare people. For their sake, let’s make sure they never hear about Pennywise. [Lowering the Bar]

* Professor Dave Hoffman evaluates the case for flat-rate tuition. [Concurring Opinions]

* The Wolf of Wall Street is about a criminal ripping off poor people. Bankers cheered at a recent showing. There is a lesson to be had there about what bankers would do if given an opportunity. [Business Insider]

* “Knockout,” a game where young boys cold-cock unsuspecting victims, is a serious issue. Nah, just kidding, it’s a crypto-racist overreaction. But at least one kid was stupid enough to try it and then tell a cop about it. Seriously. [Gawker]

John Yoo, who famously wrote the legal rationale for allowing the US government to torture people, has already defended the NSA’s activities, arguing that it takes too long for the NSA to obey the Constitution, so it shouldn’t have to. Given that, it was hardly a surprise to see his reaction to the recent ruling saying that the NSA’s bulk metadata collection program was likely unconstitutional and should be stopped. Yoo is… not a fan of this ruling. In fact, he uses it to rail against judges daring to make any determination about whether or not something violates the 4th Amendment. According to him (and only him) that’s the job of Congress, not the courts….

double red triangle arrows Continue reading “Author Of Torture Memo Says Judges Are Too Out Of Touch To Determine If NSA Violated The 4th Amendment”

Edward Snowden

* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

* These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

‘They showed me the money, Xenu!’

* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]

* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]

* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]

* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]

* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]

* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]

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