North Carolina
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Non-Sequiturs
Non-Sequiturs: 10.28.15
* In September, Fox News anchor Harris Faulkner sued Hasbro over a toy hamster named Harris Faulker, claiming it violated her likeness rights. Hasbro has moved to dismiss the suit by providing a judge with side-by-side photos and a snark-filled filing. [THR, Esq. / Hollywood Reporter]
* Per Gawker’s GC Heather Dietrick, it’s “more likely than not” that the media empire will lose in Hulk Hogan’s case over the release of his sex tape. She doesn’t think it’s likely, however, that the wrestler will get the $100 million in damages he’s seeking. [POLITICO]
* It’s time for a ride at the regulatory rodeo, because for the first time in more than 20 years, the U.S. Nuclear Regulatory Commission has issued a new operating license for a nuclear power plant. Say hello to Watts Bar Unit 2 in Spring City, Tennessee. [The Verge]
* We mentioned previously that when Apple refused to unlock a defendant’s iPhone for the DOJ, a federal judge wasn’t sure if he had the legal authority to order Apple to do so. As it turns out, Apple’s EULA gives the government the perfect loophole. [Simple Justice]
* In case you missed it last week (we did), LegalZoom has settled its $10.5 million antitrust lawsuit against the North Carolina State Bar. The online legal documentation company will now vet all of its documents with lawyers from North Carolina. [ABA Journal]
* Breaking Media Editor at Large Elie Mystal appeared on The Docket to defend sex offenders’ civil rights on Halloween. His Darth Vader costume is worth seeing. [MSNBC]
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Non-Sequiturs
Non-Sequiturs: 10.20.15
* What can you do to improve your relationship with your boss? [Fortune]
* It’s been 150 years since the reconstruction amendments were passed, but the debate over them still rages on. [The Atlantic]
* Should former USC football coach Steve Sarkisian have been placed on FMLA rather than be fired? [JD Supra]
* United has tapped their General Counsel, Brett Hart, as acting CEO. [Bloomberg Business]
* Unfortunately, there is no one right answer to fix our Constitutional issues. [Lawyers, Guns & Money]
* A lawyer got a notice of a random audit of his trust accounts, and now the North Carolina State Bar is involved. [Legal Profession Blog]
* Hints about what next season’s Serial will be about. [Huffington Post]
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Morning Docket
Morning Docket: 09.17.15
* If you’re unsatisfied with your current income-based loan repayment plan, wait until you see what the government has in store for you with its Revised Pay As You Earn plan. Here’s a hint: more pain, more tears, and more anger. [Am Law Daily]
* If you haven’t heard, SABMiller will likely be getting taken over by Anheuser-Busch InBev NV in a “mega-beer merger.” Sadly for Hogan Lovells, SABMiller tossed the firm out like a skunked beer in favor of representation by Linklaters. [WSJ Law Blog]
* Rather than poaching lawyers from other local firms, Jones Day is trying to grow its Detroit office by calling home Michigan attorneys who expatriated from the state. No offense to the firm, but these people probably left for a reason. [Crain’s Detroit Business]
* Slowly but surely, results from the July 2015 administration of the bar exam are being released. Duke Law did best in North Carolina, where the overall combined pass rate for all takers was 69.4 percent (down from 75 percent last year). [Triangle Business Journal]
* With hours to spare, Richard Glossip — a man you may know from the Glossip v. Gross case that was before SCOTUS — was able to secure a last minute stay of execution. An Oklahoma appeals court has given him two more weeks to live. [New York Times]
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Airplanes / Aviation, Disasters / Emergencies
Well-Known Lawyer Killed In Fiery Plane Crash
A witness who saw the plane crash believes the passengers' last moments must have been truly horrid. -
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Morning Docket
Morning Docket: 03.30.15
* Talk about a Friday news dump! In case you missed these high-profile rulings, Amanda Knox was acquitted of murder charges in Italy (for the second time), and Ellen Pao lost her discrimination case against Kleiner Perkins. [WSJ Law Blog]
* Use this slideshow to compare how North Carolina law schools are doing in terms of job placement. Duke was on top, and NCCU was dead last. Bonus: There were very few school-funded jobs to strip out of the data — the numbers were just that bad on their own. [Triad Business Journal]
* LSAC doesn’t want to to adopt new disability accommodations for the LSAT because they “show a complete disregard for the importance of standardized testing conditions.” It’d rather show a complete disregard for applicants’ disabilities. [National Law Journal]
* Widener? I hardly know her! Thanks to the ABA, this saying has new meaning in legal circles. With the law school regulator’s blessing, Widener Law’s Delaware and Harrisburg campuses will officially become two separate schools effective July 1. [News Journal]
* Following blowback over the state’s Religious Freedom Restoration Act, Indiana Governor Mike Pence says he’ll push for legislation clarifying that the controversial law isn’t intended to support discrimination against the LGBT community. Suuure. [Indy Star]
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Job Searches, Lateral Moves
Market Update: Atlanta And North Carolina
Employment opportunities abound in Atlanta and the Carolinas. -
Legal Ethics, Technology
What Lawyers Must Learn From Dentists About The Unauthorized Practice Of Law
Alternative legal service providers, don’t say that Anthony Kennedy never did anything for you. - Sponsored
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2nd Circuit, 9/11, Bankruptcy, Basketball, Biglaw, Deaths, Gay Marriage, Howrey LLP, Lateral Moves, Law Professors, Marijuana, Money, Morning Docket, Religion, Weddings
Morning Docket: 07.29.14
* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]
* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]
* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]
* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]
* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]
* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]
* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]
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9th Circuit, Basketball, Confirmations, Constitutional Law, Gay Marriage, Law Schools, Morning Docket, Racism, Religion, Sports
Morning Docket: 04.29.14
* Michelle Friedland, a Munger Tolles partner, has been confirmed to the Ninth Circuit. Congratulations! This marks the first time in years that the court has had a full slate of 29 judges, which is also pretty cool for law nerds. [Legal Times]
* L.A. Clippers owner Donald Sterling is probably going to be flopping around just like LeBron now that the NBA commissioner, Adam Silver, a former Cravath attorney, has launched a full court press against him. [Am Law Daily]
* This is something completely new and different. The United Church of Christ filed a lawsuit against North Carolina over its ban on gay marriage saying it restricts its clergy’s religious freedom. [New York Times]
* Dear Low Grades, High Hopes: You don’t need an addendum to your law school application. You’ll get in everywhere you apply — they’re desperate to fill their seats. [Law Admissions Lowdown / U.S. News]
* Singer-songwriter Paul Simon was arrested yesterday alongside his wife after she “picked a fight” with him. Given how “disorderly” things were, perhaps all he wanted to hear was the sound of silence. [CNN]
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Legal Ethics, State Judges, State Judges Are Clowns
42 States Get An 'F' In Judicial Ethics Study
Do you live in one of the 8 states that didn't get a failing grade? If so, don't get too excited... most of them got Ds. -
Bar Exams
Why Do You Have To Wait So Long To Find Out If You Passed The Bar Exam?
Doesn't it seem ridiculous that it takes so long to grade the exam when half of it is multiple choice? -
Bar Exams, JPMorgan Chase, Non-Sequiturs, SCOTUS, Supreme Court, United Kingdom / Great Britain
Non-Sequiturs: 08.19.13
* Most folks think the police overreacted by issuing a civil disobedience warning for a 3-year-old girl, but those people need to watch Children of the Corn. [UPI] * Speaking of the Brits, authorities detained Glenn Greenwald’s partner (interestingly, Greenwald’s partner is named Miranda) for nine hours and “confiscated his computer, phone, camera, memory stick, DVDs and video games” while passing through Heathrow. Wow, this is the sort of thing that might make Greenwald mad at the surveillance state. [ABA Journal] * A detailed analysis of confidential sources. I’m pointing this out to publicly clarify that ATL keeps its tipsters confidential unless they specifically ask to be cited. So feel free to tip away! [Talking Biz News] * Tales of Ted Cruz as a young man. So we’re calling parliamentary-style debate “debate” now? OK. [Daily Beast] * Professor Rick Hasen examines North Carolina’s new voter suppression law and how it proves that the country still needs the Voting Rights Act. [Slate] * Maybe bar exams should write better questions that actually cover all the material candidates have to learn. Personally, I was just fine not having to memorize a lot about New York commercial paper law. [Ramblings on Appeal] * The tale of a wealthy couple evading the law. The article describes the story as an “arthritic version of Steve McQueen and Ali MacGraw in The Getaway, perhaps, moving at nursing-home speed.” Hollywood just found a plot for Expendables 4. [Seattle Weekly] * The government’s obsession with FCPA enforcement has bit JP Morgan over hiring the children of Chinese officials to woo business. [Dealbreaker] * Chief Judge Michael P. Mills of the Northern District of Mississippi weighs in on a copyright suit between the estate of William Faulkner and Woody Allen. The judge is apparently not a fan of Sharknado because he has no soul. Video of the quirky conflict after the jump…
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Animal Law, Courthouses, Pets, Quote of the Day, Vermin / Rodents / Pests
Cute Little Ball of Fur Rescues Courthouse From Shame
Just another reason why cats are better than dogs. -
John Edwards, Kasowitz Benson, Plaintiffs Firms, UNC Law
Old Politicians Never Die, They Just... Join Law Firms
Three politicians are going to law firms, and not as lobbyists! It may be the apocalypse. -
Gay, Monica Lewinsky, Non-Sequiturs, Politics, Religion
Non-Sequiturs: 04.03.13
* Monica Lewinsky’s lawyer is checking out the big stained dress in the sky. William Ginsburg, RIP. [CNN] * Hoo boy, North Carolina is trying to opt out of the Constitution. As the article notes, they tried this in the 1860s and it didn’t work out so well. [Lowering the Bar] * New York state government gets another black eye with a couple of arrests for bribery. [Gothamist] * Judge Richard Cebull is retiring to spend more time on his racist rants. [Billings Gazette] * Obama is forfeiting $20,000 in solidarity with sequester victims. An excellent opportunity for right-wing hacks to complain about his vacations, as though Secret Service protection is supposed to be free. [Washington Examiner] * Ken Cuccinelli is running for governor in a state that voted for Obama twice. So, obviously, he’s making a public show of his fight to reinstate a law used to harass gay people. [Washington Blade] * Conrad Black, the media mogul who served three years in the federal pen, sits for an interview with California Lawyer magazine. Check it out (and earn California CLE credit). [California Lawyer] -
American Bar Association / ABA, Clarence Thomas, Contracts, Facebook, Non-Sequiturs, SCOTUS, Sex, Sexual Harassment, Supreme Court
Non-Sequiturs: 01.18.13
* Is this contract for sex based on Facebook likes enforceable? [Gawker] * Speaking of unenforceable contracts, what in the hell does Bilbo sign before his unexpectedly long journey? [Wired] * And Jesus, you certainly can’t barter legal services for sex! I think everybody needs to go home and read the Second Restatement. [Indianapolis Star] * Now you can hear for yourself the three words that Clarence Thomas spoke. It’s at the 41 minute mark. [The Supreme Court] * Ms. JD is offering lawyers and law students the chance to submit questions to ABA President Laurel Bellows that will be answered at an event on January 31 (with viewing parties around the country). [Ms. JD] * How to answer a question when an interviewer asks you something that you don’t have to answer. [Lawyers.com] * Litigation can be a good excuse to get your client to do things they should have been doing all along. [What About Clients?] * North Carolina dean claims she was forced to underreport sexual assaults at the college. When reached for comment, the Duke Lacrosse team said, “We kind of have the opposite problem.” [Salon] -
Barack Obama, Michael Dorf, Politics, Sanford Levinson, SCOTUS, Supreme Court, Texas
Should I Stay Or Should I Go Now? Post-Election Secession Talk
In the wake of last week’s election, citizens from all 50 states have signed petitions calling for secession from the United States. Do they have any legal standing? -
Guns / Firearms, Murder, Technology
Did This Alleged Murderer Get Some Help From a 'Little Buddy'?
Did this man use a GPS tracking device to help him commit murder? -
Bar Exams, Screw-Ups
When You Can't Provide Power During the Bar Exam, You Must Expect People To Complain About Their Scores
The results are in from the North Carolina bar exam, but the effects of the power outage haven't been fully resolved...