Oregon

Morning Docket: 09.20.12

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An ethical duty?

* Are you ready for some Supreme gossip? In remarks delivered at Colorado Law, Supreme Court Justice Ruth Bader Ginsburg predicted that the Defense of Marriage Act would be argued “toward the end of the current term.” [CBS News]

* Dewey’s version of trying to curry favor for the proposed $72M partner settlement? Filing a deposition transcript noting that others could’ve also been blamed for D&L’s downfall, but weren’t due to time constraints. Gee, thanks. [Am Law Daily]

* Novak Druce + Quigg and Connolly Bove Lodge & Hutz will merge to form Novak Druce Connolly Bove & Quigg, the 7th largest IP firm in the U.S. Guess seven name partners was a bit much. [Delaware Law Weekly]

* Michael McShane was nominated by President Obama to fill a judgeship in Oregon. If confirmed, he’d be one of the few openly gay judges on the federal bench, which, of course, would be fabulous. [Oregonian]

* The Institute for Inclusion in the Legal Profession wants the ABA to amend the Model Rules of Professional Conduct to include a duty to promote diversity. Because we clearly need a rule on that. [National Law Journal]

* Cindy Garcia, an actress from “Innocence of Muslims,” is suing, claiming that she was duped into the role under false pretenses. She wants the film removed from YouTube. Everyone else does, too, lady. [Bloomberg]

* A judge refused to issue an injunction against the California ban on foie gras, instead allowing a suit on the same topic to move forward. Oh mon dieu, judge, think of all the poor Francophiles! [San Francisco Chronicle]

* Joshua Morse III, former dean of Mississippi Law who defied segregation, RIP. [New York Times]

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Bankruptcy Still Can’t Save You From Law School Debt, But That Doesn’t Mean Judges Have to Like It

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This may sound like advice coming from a broken record, but in case you are somehow still unaware of this very important fact, you generally cannot discharge your law school loan debt in bankruptcy. Sure, there’s an “undue hardship” exception to this steadfast rule, but it’s a difficult standard to meet.

The government will go to the ends of the earth to prove that you are capable of paying back what you owe and just unwilling to do so. To be frank, you’d probably be better off becoming totally and permanently disabled or dying, because then you or your estate would only have the ensuing tax nightmare to deal with.

Judges know that the burden of “undue hardship” is a difficult one to prove, and most of them probably think that it’s a load of crap. Unfortunately, most of them are unwilling to say so. But not this Oregon judge — she launched into a pointed, four-page critique of legal education, while ruling on a law school debtor’s attempt to discharge his student loans in bankruptcy.

No, she won’t grant you a discharge, but that doesn’t mean she has to like it. You know it’s going to be good when a judge cites to Above the Law while discussing student loans….

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Morning Docket: 08.13.12

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* In case you’ve been sleeping under a rock, Mitt Romney picked Rep. Paul Ryan as his Vice Presidential running mate. Putting politics aside, this is a great pick, if only because Ryan is so handsome. Seriously, he’s a total stud. [Wall Street Journal]

* “How can I be the one guy with a good degree who is going to be chronically unemployed?” Sadly, many lawyers are still looking for jobs after (multiple) layoffs, but thanks to a lack of positions, employment is just “not in the cards” for them. [New York Times]

* Deadliest clerkship? The Washington, D.C. judge who presided over one of the most violent mass shooting cases in the nation’s capital was reportedly held up at gunpoint last week, with her law clerk in tow. [Fox DC]

* Something is rotten in the state of Denmark Texas. Judge Sam Sparks “know[s] the smell of bad fish,” and now wants to know why the USADA waited so long to bring charges against Lance Armstrong. [Bloomberg]

* After reversing a bankruptcy court’s decision that loan repayment would be an “undue hardship” for a law school debtor, a judge took the time to rip law schools a new one over escalating tuition. [Oregonian]

* Match.com class-action plaintiffs found no love in court after a federal judge ruled that the dating website hadn’t breached its user agreement. Much like their love lives, their claims aren’t getting any action. [Reuters]

* A man who is his own lawyer has a fool for a client: 23% of all cases filed in the federal court for the S.D.N.Y. are brought by pro se litigants, and the vast majority of them seem to have lost their minds. [New York Post]

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Morning Docket: 08.06.12

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* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]

* It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]

* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]

* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]

* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]

* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]

* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]

* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]

* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]

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Judge of the Day: You Won’t Like Me When I’m Angry

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It has been a bad week for those poor naïve souls who imagine judges as wizened, white-haired, grandfatherly figures. At least at the state level, we are learning about judges with tempers more along the lines of grumpy pitbulls than anything else.

This week, we heard about a judge in Washington who has been charged by a state judicial board with violating codes of conduct. The Washington State Commission on Judicial Conduct accused Judge John Wulle of failing to “to maintain order and decorum in proceedings” and engaging “in a pattern of discourteous, impatient and undignified behavior.”

So, how exactly did Judge Wulle allegedly misbehave? Let’s take a read, and, even better, we’ve got video….

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Quote of the Day: Unlike Hot Coffee, Herpes Is the Gift That Keeps on Giving

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Shawn Lillegren

Go for a million — that’s plaintiff’s message. God bless America. Go for it. Got some coffee to spill on me?

– Attorney Shawn Lillegren, attempting to paint the woman who sued his client over a genital herpes infection as overly litigious.

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Morning Docket 02.20.12

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Cocaine is a hell of a drug.

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.

* “Based on history, it’s tough to make the case that there should be mandatory protection [for Supreme Court justices].” That may be so, but the fact that Justice Stephen Breyer was robbed by machete point should at least make the case for SCOTUS sword fighting lessons. [New York Times]

* Speaking of the wealthy and well-traveled Justice Breyer, a suspect has been identified in his robbery. [Associated Press]

* And speaking of the Supreme Court, this week the justices will hear arguments over the constitutionality of the Stolen Valor Act, which criminalizes lies about military service. Unfortunately, this means you will all have to wait to hear about the time Lat and I fought through 25 Taliban sharpshooters with only our pocket knives in order to save an entire orphanage from certain annihilation. [Fox News]

* Two female students at the University of Oregon School of Law accused a male student of drugging and raping them. How did the student body respond? A listserv flame war, of course. [Portland Oregonian]

* Attorneys representing survivors in the Costa Concordia crash claim that traces of cocaine were found in the hair of the ship’s captain. I’m not sure how, but this needs to be the basis for a Head and Shoulders commercial. [Philadelphia Inquirer]

* Heads are rolling over at ESPN after the network made several unfortunate references to a “chink in the armor” of New York Knicks phenom Jeremy Lin. Yes, we get it. Everyone’s a little bit racist. [ESPN via Deadspin]

* Judge Roger J. Miner (2d Cir.), RIP. [New York Law Journal]

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A Killer Custody Arrangement, and Mom Isn’t Happy About It

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Sad fact of the day: about fifty percent of marriages in America end in divorce. Of course, many of you already knew that, because you’re divorced yourself, the child of divorced parents, or a divorce attorney who is rolling around in money. But however you slice it, some of the best divorce train wreck stories are born of child custody battles.

Parents going through a divorce are willing to fight over anything when it comes to the custody of their children (“How dare you feed little Suzie pasta that isn’t organic and gluten-free?!”). Even when a divorce is finalized, sometimes parents are still willing to pull the trigger on any issues that arise. In some cases, though, custody modifications are warranted.

And in this case, an Oregon mother is actually fighting to keep another woman from pulling the trigger on her teenage sons, because she’s done it before….

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Forced Mentorship Is Latest Response to Broken Legal Education System

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Are you ready for some stop-gap measures?

Given that law schools keep pumping out more graduates than the market can handle, the state of Oregon is trying an interesting approach to deal with the mass of lawyers being unleashed into the system. Following in the footsteps of Georgia and Utah, Oregon will now require new lawyers to enroll in a year-long mentoring program.

People sitting for the February bar were informed that they will be subject to this new requirement. The goal of the program is to provide some guidance for all the unemployed law graduates, especially those who are thinking of going out there and hanging a shingle.

Because, you know, it’s not like three years in law school actually prepare you to start a career…

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Oregon Fan / Lawyer Seeks Auburn Fan / Hottie for Short-Term Vegas Wedding

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Folks, it doesn’t get any better that this.

As we approach the BCS National Title game, we expect to hear some strange requests from lawyers who are also fans of either Auburn or Oregon. For instance, last year we saw a cleverly written motion to continue from an Alabama lawyer who wanted to see his team play for the title. I expected to see more of the same this year.

I did not expect an attorney who is devoted to the Oregon Ducks to take things to the next level. But then I saw Ryan Tharp’s Craigslist ad. His plan is to watch the game on Monday and then head to Vegas to celebrate (he’s sure he’ll be celebrating).

And the young lawyer wants to have the “entire” Vegas experience — replete with a drunken wedding, preferably to a belle from the defeated fanbase…

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