Ed. note: This is the second installment of Righteous Indignation, our new column for conservative-minded lawyers.
In Pennsylvania earlier this week, the trial of Dr. Kermit Gosnell drew to a close. Gosnell, a West Philadelphia abortion doctor, is accused of murdering four children who were allegedly born alive after Gosnell’s efforts to abort them. The jury now considers four counts of first-degree murder for the deaths of the children, along with one count of third-degree murder for the death of Karnamaya Mongar, a Bhutanese refugee to whom Gosnell allegedly gave a lethal overdose of Demerol. He also faces twenty-three counts of performing illegal late-term abortions. If convicted of first-degree murder, Gosnell faces the death penalty.
Trial witnesses, including clinic workers, offered gruesome testimony. Some of the allegations: the lethal drug Gosnell injected into the babies in utero failed to stop their hearts, and they emerged from their mothers’ birth canals breathing, wriggling, even crying; Gosnell then “snipped” the backs of the babies’ necks with scissors, severing their spinal cords; and Gosnell joked about the size of the “fetuses” whose spinal cords he cut, including a baby who he said was big enough “to walk me home.”
A mother of another of Gosnell’s alleged victims reportedly delivered her baby into a toilet while waiting for Dr. Gosnell. A clinic worker testified that the child made swimming motions in the toilet bowl before another employee snipped the child’s neck. Prosecutors dubbed Gosnell’s Women’s Medical Society clinic a “House of Horrors”….
* While Dewey’s former culture gets roasted on a spit, and the seemingly unending drama gets turned into a montage of living lawyer jokes, we’re still waiting for the final punchline. [New York Times; Wall Street Journal]
* Don Verrilli tried so hard, and got so far (depending on who you ask), but in the end, it doesn’t even matter. When Linkin Park lyrics apply to your oral argument skills, you know you’re kind of screwed. [New York Times]
* The 9/11 arraignments went off without a hitch this weekend. And by that, we mean that it was a 13 hour hearing filled multiple interruptions, and grandstanding about “appropriate” courtroom fashion. [Fox News]
* In a “re-re-reversal,” Judge Jerry Smith, on a three-judge panel of the Fifth Circuit, reinstated Planned Parenthood’s injunction against Texas without even so much as a homework assignment. [Dallas Observer]
* The It Gets Worse Project: if you thought that the Law School Transparency debt figures were scary before, then take a look at them now. Six figures of debt just got a lot harder to swallow. [National Law Journal]
* Scalia gets busted on a case of hot-dog hooking. No, not that Scalia. A woman from Long Island has been accused, for the second time, of selling swallowing foot-longs in the back of her food truck. [New York Post]
* The EEOC suit against Kelley Drye was brought “for a reason.” You hear that, Biglaw? Other firms with mandatory retirement policies better take a look at their partnership agreements and make some changes. [Am Law Daily]
* Media whore lawyers unite! Cheney Mason of Casey Anthony fame has come out of the woodwork to support George Zimmerman. Still waiting on vital impressions from Gloria Allred. Oh wait… [Naked Politics / Miami Herald]
* Just think, maybe if Planned Parenthood of Texas had taken Tucker Max’s money, they wouldn’t be suing the state for banning their organization from the women’s health program. Nah, they’d still be suing. [Reuters]
* Georgetown Law is planning to launch an executive education program, but don’t worry, they’re not going to be competing with Harvard. They know they’re the safety school in this scenario. [National Law Journal]
* Love will definitely make you do some really crazy things, like watch The Expendables. Or allegedly commit a murder-suicide because your husband might’ve had an affair. Things like that. [Atlanta Journal-Constitution]
* Kim Kardashian’s dubious defense of the day: “I’m Armenian and hairy.” The only-famous-for-her-sex-tape star is trying to use that as an excuse to get a lawsuit over a hair removal product dismissed. [Fox News]
We recently wrote about world-renowned d-bag Tucker Max, and his attempt to donate $500,000 to Planned Parenthood of Texas. The organization’s executives snubbed their noses at Max’s half-million because they didn’t “feel it would be appropriate, given . . . [his] body of work.” This happened in August of 2011, but rejection hurts, even when you’re a hardcore bro. Max was unable to abort his frustration with the situation, and almost fittingly, he waited just about the length of a full-term pregnancy to reveal the dirty details of what went down.
But why did he wait so long to start spreading the news about this injustice? Wouldn’t the women of Texas have wanted to know about this sooner? Maybe it’s because he was scamming us all along….
When we last checked in with self-proclaimed a-hole and famed misogynist author Tucker Max, he was busy getting sued by his alma mater, Duke Law School, over some allegedly missing tuition money. Almost two years later, Max has decided to hang up his bro hat. Believe it or not, he’s retiring from his hard-partying lifestyle, and he claims that he’s attempting to become a mature adult.
With his choice to become a big boy came some big-boy problems, like how to alleviate his huge tax burdens and promote his new book at the same time. Eventually, Max decided to make a charitable donation to an organization he’s relied upon many times in the past (thanks to his former womanizing ways): Planned Parenthood. And wasn’t just any donation — this was a $500,000 donation meant for a women’s organization in Texas that desperately needed funding.
But Planned Parenthood didn’t want his money. Why? Because he’s Tucker Max….
* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]
* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]
* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]
* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]
* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]
* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]
* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]
* The poster state for Planned Parenthood may be picking a fight with the Obama administration over funding Planned Parenthood. [Los Angeles Times]
* Yesterday, Justice John Paul Stevens delivered a speech on the need for legal representation of immigrants. Es muy importante. ¿Puedo ir al baño? Gracias. [New York Times]
* Justice Stevens also criticized a recent Supreme Court decision on prosecutorial misconduct in his speech. Said the current Court is one bowtie short of a… then he trailed off. But he’s pretty sure they got what he was saying. [WSJ Law Blog]
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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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