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  • Morning Docket: 05.26.16
    Morning Docket

    Morning Docket: 05.26.16

    * David Mourey, the former assistant dean for bar preparation and academic success at Barry Law, was fired after students continued to fail the bar exam, but in a recently filed gender discrimination and retaliation lawsuit, he claims he was discriminated against because he was “singled out for discipline by an all-female management team.” We may have more on this later. [Orlando Sentinel]

    * Despite the wishes of the public and rumors of his firing in the face of the Baylor University coverup of reports of rape and sexual assault by football players, “Ken Starr is [still] president and chancellor of Baylor University.” According to a university spokeswoman, the school has not yet finished reviewing Pepper Hamilton’s report on the matter, but Baylor will likely make an announcement by June 3. [Associated Press]

    * “We are willing to fight this all the way to the Supreme Court if we have to.” Eleven states have filed suit against the Obama Administration in an effort to get around its guidance on transgender rights for children in schools, calling the policy a “massive social experiment.” The states suing are Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Texas, Utah, West Virginia, and Wisconsin. [Reuters]

    * Sumner Redstone turns 93 years old tomorrow, and he’s been in and out of court for the past few months in a battle to prove he’s mentally competent. The salacious case filed by his former female companion may have been dismissed, but now he’s attempting to fend off claims from Viacom directors who were ousted from a trust that will control his media holdings if he dies or is found incompetent. [DealBook / New York Times]

    * Now that the world knows that PayPal’s co-founder provided funding for Hulk Hogan’s invasion of privacy suit against Gawker, it’s time to take a look at the lawyer who’s been representing the wrestler. Charles Harder is no stranger to Hollywood cases, and may be a longtime fan of litigation finance since he “[tries] to win and do so in a way that’s cost effective for a client, so they don’t lose when they’re winning.” [WSJ Law Blog]

    * Since revenge litigation finance’s recent invention, what’s there to keep billionaires from destroying you with lawsuits? Unfortunately, the answer to this question is not much, especially when “there is no obligation to disclose the litigation financing arrangements” that have been made. Ethical issues aside, we really hope the super-rich wield their new power to ruin lives through rented lawsuits carefully. [Fortune]

  • Morning Docket: 05.23.16
    Morning Docket

    Morning Docket: 05.23.16

    * Bar exam-prep companies seem to be involved in a never-ending war with each other, and shots have been fired in the latest battle. BARBRI has been sued by LLM Bar Exam in a federal antitrust action, and several law schools have been caught in the fray. We’ll have more on this later today. [WSJ Law Blog]

    * New England Patriots quarterback Tom Brady and his legal team have until today to file an appeal of the Second Circuit’s decision in the Deflategate case. According to an attorney who once served as outside counsel to the NFL, Brady’s chances of success are “near zero” if he decides to pursue this Hail Mary. [Big Law Business]

    * OOOOk-lahoma, where the crazy comes sweepin’ down the plain: Oklahoma’s state legislature wants to impeach President Barack Obama and Attorney General Loretta Lynch over the administration’s guidance on transgender bathroom accommodations. The Sooner State’s actions are “highly symbolic,” but they’re likely “doomed.” [TIME]

    * Did he wear an ascot and a smoking jacket while he was deposed? Playboy magnate Hugh Hefner testified at a deposition in a case filed by a woman who claims she was sexually assaulted by Bill Cosby at the Playboy Mansion while she was a minor. Thanks to a gag order, no details on Hef’s deposition are available at this time. [Reuters]

    * Sorry, but you still can’t deduct the cost of your law school tuition and fees on your taxes, even if you’re an accountant/tax preparer who only enrolled to get a leg up on your tax skills and never intended to practice law, but especially if you later start a law firm with a family member. The Tax Court frowns upon things like this. [Accounting Today]

  • Morning Docket: 05.20.16
    Morning Docket

    Morning Docket: 05.20.16

    * Donald Trump is expected to announce his choice for Vice President at the Republican National Convention in July, and he’s turned to former longtime O’Melveny chair A.B. Culvahouse Jr. to vet his potential running mates. The last VP Culvahouse vetted was Sarah Palin, and look how well that turned out. [Big Law Business]

    * Uh-oh… Revenue may be up, but demand is way down, and there’s no longer enough work to go around. According to a recent report from Altman Weil, “[f]jrms are having trouble keeping their lawyers utilized.” Will layoffs follow thanks to Biglaw’s overcapacity problems? We’ll have more on this later today. [Philadelphia Inquirer]

    * Back in March, 53% of Americans polled said the Senate should vote on whether to confirm SCOTUS nominee Chief Judge Merrick Garland now, instead of waiting for the next president. Last week, only 48% of Americans polled felt the same. Quick! Somebody get Taylor Swift to endorse this man to hold the public’s interest! [New York Times]

    * In the meantime, Senate Democrats held a mock confirmation hearing for the would-be SCOTUS justice this week, but Judge Garland didn’t attend. It’s too bad, because at this point in the game, thanks to the political wrangling that’s been going on, it may have been his only chance to attend a hearing held in his honor. [The Guardian]

    * From the “abortion of taxpayer dollars” file: Oklahoma legislators passed a bill that would make abortion a felony punishable by up to three years in prison. Per the Center for Reproductive Rights, the proposed law is “harmful, discriminatory, clearly unconstitutional, and insulting to Oklahoma women and their families.” [Reuters]

  • Non-Sequiturs: 04.28.16
    Non-Sequiturs

    Non-Sequiturs: 04.28.16

    * If Bush v. Gore didn’t teach you that election laws are a mess, then this season of Veep will hammer the lesson home. [Strook]

    * D.C. Circuit Judge Brett M. Kavanaugh knows the value of saying no — especially to a sitting president. [United States Law Week]

    * Oh, this is fun, well, at least if you are an avowed Trekkie. There’s an amicus brief written entirely about the Klingon language. When arguing that Paramount cannot claim a copyright over the Klingon language, what better to spice up your prose than some quotes actually written in Klingon? [Popehat]

    * A look at the most cited law reviews in Supreme Court opinions from the 2013 Term to the present. [Empirical SCOTUS]

    * Wait — what did this Oklahoma court say? That forcing an unconscious woman to perform oral sex isn’t sexual assault? What. The. Hell. [Slate]

    * Pauli Murray, lawyer, scholar and activist, just had a residential college named after her at Yale. [New York Magazine]

  • Morning Docket: 03.24.16
    Morning Docket

    Morning Docket: 03.24.16

    * “If you give a judge a meeting, he’s going to ask for a glass of milk, because he is probably very thirsty from that one time you compared him to Idi Amin.” In light of the stranglehold Republicans have on Chief Judge Merrick Garland’s fate when it comes to his confirmation hearings, Dahlia Lithwick composed this cute riff on the children’s book, If You Give a Mouse a Cookie. [Slate]

    * In an attempt to get with the times, Vermont Law is offering a Reduced-Residency Juris Doctor program, where students will be able to take up to 15 credits online in an off-campus location. Unfortunately, this flexibility comes at a price — the same exact price as the school’s regular J.D. program. [Big Law Business / Bloomberg]

    * Considering the high tensions during oral arguments yesterday in Zubik v. Burwell, a legal battle having to do with the ACA’s contraceptives mandate, the Supreme Court seems poised to issue another 4-4 split decision in one of the most controversial cases this term. If that happens, the lower court ruling would be left intact. [New York Times]

    * The ABA Journal wants to know how much you paid in law school tuition. If you graduated before the cost of a three-year legal education was akin to a mortgage, please take a moment to reflect on how lucky you are. If you’re a recent graduate, you’ve got plenty of people to commiserate with about your hefty debt burdens. [ABA Journal]

    * “Did the Supreme Court make weed legal across America?” No, no it did not, and you must be stoned if you think that’s what the high court did in its decision, or lack thereof, in the Nebraska v. Colorado case that it begged off on earlier this week. For now, the federal legalization of marijuana is nothing more than just a pipe dream. [Inquisitr]