Politics

* The Supreme Court might have dismissed the Oklahoma abortion case as improvidently granted, but not to worry, because the high court may yet get the chance to abort a woman’s right to choose in this new case from Texas. [New York Times]

* Wherein Justice Scalia seems highly concerned about toupees: yesterday, Supreme Court justices put their fashion sense to the test when trying to determine what ought to count as clothing under the Fair Labor Standards Act. [WSJ Law Blog (sub. req.)]

* The Senate is forging ahead with the Employment Non-Discrimination Act, but the bill will likely fail in the House because discrimination on the basis of sexual orientation is still cool with John Boehner. [CBS News]

* Wherefore art thou, ladness? According to the latest PricewaterhouseCoopers survey, profits per partner at top firms in the U.K. are behind profits per partner in the U.S. America, f**k yeah! [Businessweek]

* Bill de Blasio, the Democratic candidate in the NYC mayoral race, apparently has “deep ties” to Gibson Dunn, the firm behind Citizens United. Gather round, conspiracy theorists. [International Business Times]

* An InfiLaw school is changing its name to Arizona Summit Law. How kind to tip law students off to the fact that even if they climb all the way to the top, there’s nowhere to go but down. [National Law Journal]

On Friday, we reported that a law dean resigned from his post because the university was not providing the law school enough resources. We mentioned that there were come rumblings that the university president was more concerned with making the law school a bastion for fringe political theories instead of simply providing a quality legal education.

Our tipsters are worried that their law school curriculum will be brought to them by “Big Oil.” And now students have signed a petition asking for input on the search for a new dean…

double red triangle arrows Continue reading “How Not To Make An Energy Lawyer: Law Students Object To The Politicization Of Their Studies”

Yet another law dean blows the whistle.

Whenever a law dean goes out in a blaze of glory, it’s news. And by “blaze of glory,” I mean “resigns with a hyper-critical message to the larger university.” Law deans might be insensitive to the cost concerns of their students, but university presidents are generally clueless. A university president looking at a law school entering class is like Cypher looking at the Matrix. They don’t even see the code anymore, they just see “dollar sign, federally guaranteed loan, potential future donor.”

Obviously, law deans usually only resign in a huff when they’re not getting enough money from the university, and “we need more money” isn’t necessarily helpful to students since often the solution is to “jack up tuition.” But in today’s story, we have a dean who might have resigned for reasons beyond more than money.

It’s possible that this dean wanted to run a law school, while the university wanted to run a Tea Party training ground…

double red triangle arrows Continue reading “Poor Funding And Maybe Politics Force Popular Dean To Resign”

* The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts]

* Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer]

* Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post]

* Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button]

* Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist]

* The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O]

* Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post]

* NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…

double red triangle arrows Continue reading “Non-Sequiturs: 10.31.13″

Brains Billable hours…

* Let’s get ready to rumble! Senate Democrats are threatening to go “nuclear” on existing filibuster rules if Senate Republicans decide to band together to block Patricia Millett’s nomination to the D.C. Circuit. [New York Times]

* AMR Corp. and US Airways are reportedly trying to broker a deal with the Department of Justice that would allow the airlines’ merger to go through. And this is the room full of people who care. [Wall Street Journal (sub. req.)]

* Proskauer Rose and the zombie corpse of Dewey & LeBoeuf received a Halloween treat from Judge Martin Glenn in the MF Global case. The firms will each be receiving a combined $9 million for their work. [Am Law Daily]

* Twitter is facing a $125 million fraud suit filed by two financial firms claiming that the social media giant had them organize a private sale of shares and then canceled it. #OhShiat #LawyerUp [Businessweek]

* Jill Bjorkholm Easter, the lawyer accused of planting drugs on a PTA volunteer at her son’s school, has pleaded guilty to false imprisonment. Her hubby’s trial is next week. [L.A. Now / Los Angeles Times]

* She’s got the right to remain topless: Holly Van Voast, the photographer famous for roaming the streets of New York with breasts bared, settled a lawsuit against the city for $40,000. [New York Daily News]

* “Ed,” the anonymous editor of the defunct Blawg Review site, RIP. [Trial Warrior Blog; Simple Justice]

We all know that drinking can cause a lot of problems. We also all know that prohibiting drinking doesn’t work. Therefore, we are left with the choice of trying to ameliorate the problems associated with drinking (here’s a thought, let’s not have drunk people with weapons) or we can pretend that people are not going to drink to excess and hope for the best.

I’m a fan of amelioration. Cabs, tough domestic violence laws, liver cloning, abortions, whatever it takes to make sure drunken indiscretions don’t ruin lives. That goes for underage drinking too. Sure, it would be great if people under 18 didn’t drink (I refuse to act like a 19-year-old who could be drafted into the Army is “underage” when he cracks open a beer), but that’s not going to happen. Instead of having a stupid “abstinence only” policy when it comes to teen drinking, we should be doing more to help the kids get home safely, with their eyebrows still attached, as they experiment with our national solvent.

Of course, I’m just a mere blogger. If you are a politician — a state attorney general and gubernatorial candidate — who talks tough on the stump about underage drinking but then turn a blind eye to it when you go chat with your son at a raging teenage house party, well, then your “boys will be boys” stance can only be chased with a strong swig of hypocrisy…

double red triangle arrows Continue reading “Attorney General Against Underage Drinking Fails To Stop Underage Drinking While At Underage Drinking Party”

Counselor, you’re out of order.

Lawyer jokes notwithstanding, most lawyers are ethical, honorable, and competent. That’s why we tend to focus on attorney misbehavior in these pages; it’s more newsworthy. If a lawyer complies with the law or serves a client well, that’s not exactly “news”; it’s what lawyers are supposed to do, and what most lawyers do most of the time.

Alas, sometimes lawyers fall short of our profession’s high standards. Today we look at allegations of a high-ranking government lawyer abusing the perks of his office, a tax lawyer engaging in tax fraud, and a real estate lawyer who has people real mad — after taking $4 million from them.

Which of these attorneys deserves to be our Lawyer of the Day? We’ll describe their alleged misdeeds, outline the reasons for and against Lawyer of the Day honors, then let you vote for the winner….

double red triangle arrows Continue reading “Lawyers Of The Day: Attorneys Allegedly Acting Up”

Laypeople can only read things like this.

The purpose of a quote is to be quoted and draw attention to the case. Laypeople can’t read a complaint.

Richard Zabel, Deputy U.S. Attorney for the S.D.N.Y., responding to Judge Richard Sullivan’s criticism of “tabloid”-style press releases from the Manhattan U.S. Attorney’s Office.

This week the Supreme Court, via a one-line order by Justice Anthony Kennedy, dismissed an appeal in Brown v. Plata for want of jurisdiction. Thousands of law students enrolled in Fed Jur and Fed Courts classes this semester may argue that there’s nothing sexy about jurisdiction, even by law’s substantially reduced standards for “sexiness.” The dismissal of Plata, though, has some significant effects for millions of people.

In 2011, the Supreme Court ruled in a 5-4 opinion authored by Justice Kennedy that overcrowding in California prisons caused continuing violations of prisoners’ Eighth Amendment rights to adequate health care and that the overcrowding problem required a population limit. (Justice Scalia dissented, joined by Justice Thomas. Justice Alito also dissented, joined by the Chief.) As a result, California Governor Jerry Brown needed to drastically improve prison conditions or drastically reduce the state’s prison population by releasing inmates.

A flurry of state appeals and motions to change the original order ensued. Then, on September 24 of this year, a three-judge panel gave Brown until the end of January to meet its original order to remove more than 9,600 inmates from California prisons by the end of the year, absent successful negotiations with the plaintiffs. In an attempt to sufficiently improve prison conditions, Governor Brown negotiated a deal with legislators to spend $400 million on improvement of health care services to California prisoners, but he believed he needed more time in order to fully comply by the panel’s deadline. He filed an an appeal for a stay with SCOTUS….

double red triangle arrows Continue reading “The Consequences of Brown v. Plata Are Nothing to Dismiss: The California Prison Case Continues”

* The fiscal impasse in our nation’s capital is over! The government shutdown is over! Obamaphones for everyone!!!!! [Washington Post]

* Tim Geithner was recently deposed as part of a lawsuit alleging that the government bailout of AIG was unconstitutional. Muammar Gaddafi was less recently deposed as part of a coup alleging that his female bodyguards were unconstitutionally sexy. [Fox Business]

* Berkeley Bird Beheader begins boot bivouac. [Fox5 Vegas via Las Vegas Law Blog]

* Cory Booker (Yale Law ’97) won a Senate seat last night, promptly bumping Lat from the cover of the next Yale Law alumni magazine. It was the Halloween issue — the annual Boo Haven edition. [ABC News]

* Mark Cuban was acquitted of insider trading charges yesterday. In related news, this basset hound loves fans. [CBS News]

* Brooklyn Law faces a possible debt downgrade from Standard & Poor’s. The school’s unemployed graduates, substandard and poor, have yet to weigh in. [Crain's New York Business]

* In other law school news, Chicago-Kent announces an interesting new initiative (with a Whopper of a name). [IIT Chicago-Kent College of Law (press release)]

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