Last month, we discussed an interesting case that was pending before the New York Court of Appeals, the state’s highest court. The question presented: whether an adult entertainment club is entitled to a sales tax exemption for admission and lap dance fees under the theory that these dances qualify as “dramatic or musical arts performances.”
Flying with the speed of boobie tassels attached to a stripper gyrating furiously around a pole, the court handed down its ruling just a few short weeks after oral argument. Here’s what the court held….
* Everyone’s happy about the Dewey & LeBoeuf settlement except the Ad Hoc Committee and its LeBoeuf retirees, who called Judge Martin Glenn’s attempt to slap them down an “insult to injury.” [WSJ Law Blog]
* While South Carolina’s voter ID law wasn’t found to be inherently discriminatory, its enforcement was still blocked because people will be unable to get their sh*t together in time for the election. [Bloomberg]
* VP debate moderator Martha Raddatz’s 1991 wedding guest list has come under fire because Barack Obama was invited. Clearly there’s a conflict of interest worth arguing about here. [Washington Post]
* This man is nobody’s “butt boy”: Tom Keefe, the interim dean over at Saint Louis Law School, will be footing a $14,212 bill for his students in the form of ABA Law Student Division memberships. [National Law Journal]
* Strippers in California, Florida, Idaho, Kentucky, Texas, and Nevada will be making it rain, because they just scored a $12.9M class action settlement. That’s a whole lot of “college tuition”! [Courthouse News Service]
We have new developments to report in the case of Madam Justice Lori Douglas, the Canadian judge featured in pornographic pictures reflecting BDSM themes. As you may recall, the Canadian Judicial Council is currently investigating Douglas, based in part on claims that she sexually harassed a former client of her husband’s.
That client, Alex Chapman, claimed that the judge’s husband, Jack King, used the nude photos of Justice Douglas to try and entice Chapman into a three-way. Chapman testified that he was “disgusted” by the “terrible pictures” and that King “bull[ied]” him and “raped [his] mind.”
But if the latest allegations about him are true, Chapman is no innocent….
* If you want to go to law school, but you hate reading, just buy the Illustrated Guide to Criminal Law. And don’t go to law school. [The Criminal Lawyer via Boing Boing]
* Analyzing an upcoming SCOTUS case though the Lonely Island’s I’m on a Boat. Andy Samberg seriously needs to recruit some justices for one of his videos. You know the Wise Latina could throw down. [FindLaw]
* Something about politics and booze and a bar being forced to change an allegedly racist drink name. Probably for the best, if for no other reason “Marion Berry’s Dirty Asian Summer Punch” is a crummy drink name anyway. [Huffington Post]
* This guy is so bad at being a criminal, I almost feel sorry for him. Worst part is he knows it, too. [LegalJuice]
* Speaking of ineffective criminals, if you’re dating a wanted man, you might want to reconsider adding the local sheriff as a Facebook friend. [Bluefield Daily Telegraph]
* Should lap dancing be classified as an art form for tax purposes? If curling is an Olympic sport, naked hip gyrations is clearly art. [Overlawyered]
* You know those weird vaporless cigarettes that were kind of popular for a while? Well, now they have them for weed too. In other news, marijuana is still illegal. [East Bay Express]
It’s hard out here for an attorney, when you’re tryin’ to get money for the loans…
Especially when your legal work forces you to make enemies with an angry ex-husband who might try to, say, blow up your car. Or when you do contract work in a city nuisance department and wind up targeted by hit men for your work on the case against a local strip club.
No, this isn’t the trailer for Taken 2, it’s just two recent cases out of Texas and St. Louis.
Luckily, no one was killed in the car bomb attack or a strip club owner’s plan to kill the Fort-Worth Mayor and a mild-mannered contract attorney, but there’s plenty of stranger-than-fiction details to these cases….
Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
* Dewey know if Citibank is planning to sue other former D&L partners over their capital contribution loans? According to one court document filed by Luskin Stern & Eisler, the bank’s counsel, the fun has just gotten started. [Am Law Daily]
* Unlike the voter ID laws in Texas and South Carolina, the Department of Justice has approved New Hampshire’s law of the same ilk. Apparently hippies from the “Live Free or Die” state are incapable of discrimination against minorities. [CNN]
* Arizona, on the other hand, can discriminate against minorities all the live long day — for now. A federal judge ruled that the “show me your papers” provision of S.B. 1070, the state’s strict immigration law, may be enforced. [Bloomberg]
* The latest argument raised in the case over the Mongolian Tyrannosaurus Bataar skeleton is that the bones are actually a “Frankenstein model based on several creatures.” This movie is getting boring. [WSJ Law Blog]
* “[T]he state of New York doesn’t get to be a dance critic.” We’re sure that any man would gladly tell the New York Court of Appeals that lap dancing is a form of art, but should it enjoy a tax exemption? [Associated Press]
Last year, we made passing mention of Malori Wampler, the ex-Indianapolis Colts cheerleader who had been fired for posing in “risqué” photographs at a Playboy magazine-sponsored party — and by “risqué,” we mean clad only in body paint. For all intents and purposes, Wampler was basically naked. (And don’t worry, dear readers, we’ve got photos, if you’re interested in seeing that sort of thing.)
But rather than simply contesting the team’s decision to fire her (after all, these pictures had been taken before she became an NFL cheerleader, and the team was aware that Wampler had worked at these parties in the past), Wampler decided to sue, alleging that the Colts had terminated her because of her sex, race, and national origin. Wampler wasn’t fired because she had violated the team’s rule against cheerleaders appearing in nude photos; no, she was fired because she was Indonesian.
Earlier this week, Wampler’s case got some action in federal court. Let’s find out what happened….
* With drinks flowing and asses shaking, Rick’s Cabaret can do no wrong — except when someone dies. The club’s drink-sales policy is currently the subject of a wrongful death lawsuit in Texas. [Houston Chronicle]
* Chris Danzig will be attending and live tweeting the Apple v. Samsung trial today. Follow him! [Twitter]
The ethics investigation by the Canadian Judicial Council of Madam Justice Lori Douglas, the Canadian judge featured in nude photographs that her husband took and then posted to the internet, has ended for now. The hearing adjourned on Friday and will resume at some point in the fall.
The latest noteworthy development was testimony to the panel to the effect that the committee considering Lori Douglas for appointment to the bench already knew about the nude photos when it evaluated her judicial application. This supports Justice Douglas’s claim that she did not improperly conceal information when applying to be a judge. “There was knowledge of the photographs and we were to follow up,” testified Justice Martin Freedman, who chaired the committee that screened Douglas for the bench.
With the hearings in recess, now is a good time to pause and take stock of the charges against Justice Lori Douglas. What is the best case that can be made against her?
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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