At the administrative appeal from the denial of benefits, Chief Judge Kozinski found that the FEHB statute confers on the OPM [Office of Personnel Management] the discretion to extend health benefits to same-sex couples by interpreting the terms “family members” and “member of the family” to set a floor, not a ceiling, to coverage eligibility…. The Court finds this reasoning unpersuasive.
* An NYU Law grad and former WilmerHale associate, Cristina Alger, has just published a new novel (affiliate link) that looks quite interesting. [New York Times]
* Proposition 8 proponents want en banc review in the Ninth Circuit. I think we should raise the stakes. They’ll get an en banc panel, but if they lose they all have to get gay-married and try the goddamn green eggs and ham already. [MetroWeekly]
* Couldn’t we simplify errant golf ball liability to: if you get hit with a golf ball while you are on a golf course, it’s your fault. If you get hit with a golf ball while not on a golf course, liability rests with the whackjob who is hitting golf-balls in the middle of the city. [Legal Blitz]
* Are women more concerned with fairness law? [Ms. JD]
* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]
* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]
Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”
The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)
* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times]
* Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for his campaign? Is he giving up his plans for the presidency, too? [Washington Post]
* Here’s a great refresher on all things Prop 8 in anticipation of today’s ruling from the Ninth Circuit. This is happening on West Coast time, so check back for our coverage this afternoon. [Poliglot / Metro Weekly]
* Sorry, bridge and tunnel people, but it looks like you’re going to have to keep paying increased prices at the tolls. AAA of New York and North Jersey lost a bid to block collection of the fee hikes. [Bloomberg]
* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]
* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]
* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]
* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]
* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]
* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]
* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…
Striking down the judicial precedent that established the legal supremacy of right over wrong more than two centuries ago, the U.S. Supreme Court on Wednesday overturned Right v. Wrong. The landmark reversal — a bitterly contested 5-4 decision that has been widely praised by murderers, rapists, bigots, usurers, and pro-wrong advocates nationwide — nullifies all previously lawful forms of right and makes it very difficult for Americans to make ethical decisions or be generally decent human beings without facing criminal charges.
Well, this is a fun day. Rick Santorum is taking his turn as the non-Romney Republican choice. Rick Santorum. Yeah, thatRick Santorum — the self-same Rick Santorum who thinks Griswold was wrongly decided and wants to ban birth control — is now the “real conservative” alternate to Mitt Romney.
Ladies and gentlemen, I present your 2012 Republican Party.
This morning, the Wall Street Journal took a closer look at Rick Santorum’s thoughts on the Constitution and the judiciary. For those who haven’t been following the stellar career of Santorum (last seen getting absolutely waxed out of his Pennsylvanian Senate seat), let’s give him a look-see…
Let’s play a quick game (which we might return to later if there’s interest). If we were to give out awards to the different federal judicial circuits, in the manner of a high school yearbook, which awards would go to the different circuits? Here are some of my nominations:
As for the other awards, well, they’d all go to the Ninth Circuit. It’s the nation’s most famous (or infamous) federal appeals court, so it would win “Most Likely To Become A Celebrity.” It’s the biggest, so it would win “Most Popular” (especially among the ACS and ACLU crowd). It would win “Most Athletic,” since it includes California. And it would win “Biggest Flirt,” thanks to its numerous superhottie judges. (Don’t you wish they all could be California jurists?)
The Ninth Circuit would also run away with “Most Likely To Be Made Fun of on YouTube” — since it already has been. How many circuit courts can claim that distinction?
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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