Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Last night, former President Bill Clinton joined Stephen Colbert on his TV show, The Colbert Report. As many people have noted, at the very end of the program, Colbert told Clinton that he had taken the liberty of signing him up for a Twitter account, since Clinton does not currently use Twitter (he joked that he was afraid no one would reply to his tweets). The Twitter account is @PrezBillyJeff, and Colbert sent Clinton’s first tweet live while on the air. If you’re in the US or the one or two other places that Hulu actually works, you can see the exchange below (if you’re elsewhere, blame Viacom for being stupid):
* “I don’t believe judges should be filibustered.” Tell that to the rest of your Republican pals, Senator Hatch. D.C. Circuit nom Sri Srinivasan faced little drama at the Senate Judiciary Committee yesterday. [Bloomberg]
* A bipartisan gun regulation deal has been reached in the Senate, and of course the NRA is opposing it — well, except for the parts that expand gun rights. The group really likes those parts. [Washington Post]
* Trolling for patent partners? Bingham recently snagged five IP partners from DLA Piper’s Los Angeles office, including the former co-chair of DLA patent litigation department. [Thomson Reuters News & Insight]
* Time well spent: while Detroit hangs on the precipice of bankruptcy, local politicians are worrying about whether retaining Jones Day poses a conflict of interest for their emergency manager (Kevyn Orr, formerly of Jones Day). [Am Law Daily]
* NYLS — or should we say “New York’s law school” — is revamping its clinical program to kill two birds with one stone (e.g., fulfilling pro bono hours and boosting job prospects). [National Law Journal]
* For all the talk of his being a hard ass, Judge Rakoff is a nice guy after all! The judge gave an ex-SAC trader permission to go on a honeymoon after his release from prison. [DealBook / New York Times]
* If you’ve ever wondered how Lat spends his free time, sometimes he’s off writing book reviews for distinguished publications. Check out his review of Mistrial (affiliate link) here. [Wall Street Journal]
* “Lindsay Lohan is the victim.” What the Heller you talking about? LiLo’s lawyer thinks there’s a conspiracy among the prosecutors on her case that’s resulted in leaks of information to TMZ. [CNN]
* The Kardashians are suing their father’s widow for allegedly trying to exploit his diary — because the Kardashians object to anything exploitative. [Courthouse News Service]
* Judge Edward Korman ruled that the FDA must stop requiring those under 17 years old to present a prescription for the morning after pill. MTV’s programming executives plan to appeal. [Huffington Post]
* Wow. A partner at Alston & Bird decided to take to Facebook to troll a solo practitioner. Because that’s not douchey at all. [Rowland Legal]
* Do litigators really need instruction not to scream at witnesses? [Roll on Friday]
* A school in Massachusetts privatized school lunches, and then that company told its workers to dump the food of students who were in default on their lunch tickets. America! F**k Yeah! [Lawyers, Guns and Money]
* Illegalities sums up the malaise of being a Biglaw associate with this reblog. [Illegalities]
* Target learns the value of editing after labeling plus-sized dresses with the word “Manatee.” [Forbes]
* After the jump, watch Elie discuss his take on Democrats just coming around to supporting gay rights. Maybe McKayla Maroney rubbed off on Elie during their interview, because in this segment, he’s not impressed….
What makes someone a gay icon? I’m tempted to fall back on Justice Potter Stewart’s famous quotation: “I know it when I see it.”
But such instinctive judgments still rest upon criteria. Regarding gay icons, Wikipedia advises: “Qualities of a gay icon often include glamour, flamboyance, strength through adversity, and androgyny in presentation. Such icons can be of any sexual orientation or gender; if LGBT, they can be out or not. Although most gay icons have given their support to LGBT social movements, some have expressed opposition, advocating against a perceived homosexual agenda.’”
So you don’t have to be gay or pro-gay-rights to be a gay icon — which brings me to a partner I hereby dub the Judy Garland of Biglaw. She has a most interesting skeleton in her closet, which might explain her staunch opposition to gay marriage….
* If President Obama could send a love note to California Attorney General Kamala Harris, it’d probably say something like this: “Girl, you look good. Won’t you back that ass up?” [ABC News]
* The fun things you learn during a Supreme Court justice’s book tour: apparently Sandra Day O’Connor dated William Rehnquist when they were at school together at Stanford Law. [Legal Times]
* When it comes to law firms, size really does matter. Quite a few midsize firms had the urge to merge in the first quarter of 2013, according to the latest Altman Weil survey. [Am Law Daily]
* In case you haven’t heard the news by now, NYU Law School has a new dean, and he was poached fresh from Columbia. The bonus here is that he’s actually pretty cute. We’ll have more on this story later today. [NYU Law News]
* Law faculties may be a tad too liberal, say some at Harvard Law School, which is basically a bastion of leftie law professors. Cut to Ted Cruz muttering about Commies under his breath. [USA Today]
* Here’s an obvious protip that may not be obvious to 0Ls: if you’re going to ask for a recommendation letter, you should probably make sure that it’s going to be a positive one. [U.S. News & World Report]
I leave it to others to decide whether Harry Blackmun was a poor constitutionalist. But based on what he achieved with Roe, he was surely a brilliant politician.
– Francis Wilkinson, a member of the Bloomberg View editorial board, commenting on the politics of the Supreme Court’s Roe v. Wade decision in light of the recent gay marriage debate.
* Monica Lewinsky’s lawyer is checking out the big stained dress in the sky. William Ginsburg, RIP. [CNN]
* Hoo boy, North Carolina is trying to opt out of the Constitution. As the article notes, they tried this in the 1860s and it didn’t work out so well. [Lowering the Bar]
* New York state government gets another black eye with a couple of arrests for bribery. [Gothamist]
* Obama is forfeiting $20,000 in solidarity with sequester victims. An excellent opportunity for right-wing hacks to complain about his vacations, as though Secret Service protection is supposed to be free. [Washington Examiner]
* Ken Cuccinelli is running for governor in a state that voted for Obama twice. So, obviously, he’s making a public show of his fight to reinstate a law used to harass gay people. [Washington Blade]
* Conrad Black, the media mogul who served three years in the federal pen, sits for an interview with California Lawyer magazine. Check it out (and earn California CLE credit). [California Lawyer]
* Real Housewives “star” Porsha Williams Stewart found out about her husband, former Pittsburgh QB Kordell Stewart, filing for divorce from the media. She shouldn’t have been surprised. Slash was always elusive. [USA Today]
* An anonymous Twitter account wreaks havoc on UK law students. One Tweet: “#LawTips: edit the Wikipedia page after copying it to avoid plagiarism.” Here’s a pro tip: if you’re copying Wikipedia for law school, you’re doing it wrong. [Legal Cheek]
* How out of control is tuition? At 26 law schools, recent graduates with $160,000 in annual income are STILL eligible for the federal IBR program intended to relieve the debt burden on impoverished students. [Constitutional Daily]
* As our own Juggalo Law pointed out, the NFL engages in some awfully shady sexual orientation profiling. [Sports Law Blog]
* You’d think the Republicans would be all for funding scientific endeavors to prove that rape victims in the animal kingdom “have ways of shutting that down.” [Jezebel]
* UNLV Law Dean Nancy Rapoport takes issue with Professor Derek Muller’s ranking of “Career Baristas” out of law school. If there was one dean who was going to know the statistical angles, it was going to be the one in Las Vegas. [UNLV Law Blog]
* Ever wanted to watch video of the folks from Lawyers, Guns & Money discussing Game of Thrones? Sure you have! And that’s why we invented jumps…
First, some random thoughts on the legal news of the week:
1) Who gives two ***** if gay folks get married? Or have the same rights as you and me? My goodness, if two people want to get married, God Bless them! And it is a civil rights issue; being told that you can’t have information on your partner’s hospital stay because of HIPAA is downright medieval. The pastor whose YouTube speech went viral after reading from anti-desegregation literature and turning it into an anti-gay marriage diatribe was probably the most brilliant argument in defense of gay marriage. Twenty years from now we’ll be saying: “Gay marriage? Meh, it’s really those damned ______ that we have to watch out for…” Hey, it’s America, **** yeah!!, every group gets a turn at being the downtrodden.
2) Don’t get me started on North Dakota’s draconian steps with regard to a woman’s right to choose what to do with her own body. Now see, it’s Holy Week and I probably can’t take communion.
3) This DLA Piper billing debacle? Makes me sick, and is a perfect segue into finishing my column from last week. I know I know, DLA came out and said, “Heh heh, we were just kidding. Those guys aren’t even around here anymore. Overbilling? Meh. Never happened, we promise.” What did you expect them to say?
I happen to know personally one of those mentioned in the story, and he was just as much a dim bulb back then, so it is no surprise that he wrote that stuff in an email. That he moved on to a partnership at another firm is no surprise either. I will say that he is infamous for leaving one of the funniest and most outrageous drunk emails voicemails on a colleague’s phone early one morning. And he probably can’t figure out who he is from this blind item in any event. But, I digress, back to overbilling…
* Prosecutor charges America’s official groundhog, Punxsutawney Phil, for failing to accurately predict the weather. Good to know Pennsylvania prosecutors are on top of the groundhog beat after messing up the “sexual predator coaching a football program” beat for about a decade. [Washington Times]
* UPDATE: Judge Easterbrook is getting hitched to former Anchorage City Clerk Barbara Gruenstein on May 12. [Anchorage Daily News]
* Tattoo convention discusses copyrights. As long as I don’t have to remove the giant butterfly tat on the small of my back I’m cool. [Washington Post]
* “Pope Francis changes Holy Thursday plans to celebrate Mass in prison.” OK, ready yourself for the Pope Francis “Man in Black” phase. [Catholic News Service]
* Defending yourself from solicitation charges counts as “Official Senate Business?” Actually, that sounds about right. [Lowering the Bar]
* UChiLawGo sums up the end of law school. [UChiLawGo]
* Sad news, “Mississippi State Rep. Jessica Upshaw (R), an attorney who had been a lawmaker since 2004, was found dead at the home of former state Rep. Clint Rotenberry (R) in Mendenhall, Mississippi…Mississippi Bureau of Investigation spokesman Warren Strain said it did not appear to be a natural death.” This is the fifth Mississippi lawmaker to die in five months. The other four all died of natural causes…so they say. [Jezebel]
* David and Elie will be showing up at Georgetown this Thursday afternoon. RSVP at the linked ACS site. [ACS]
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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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