Everything’s bigger in Texas. Meaning a dumb lawyer is an even bigger dumb lawyer.
If recent efforts from federal prosecutors are any indication, one of the most dangerous criminal profiles in America includes some or all of the following: white, male, libertarian, computer-savvy, critical of the status quo.
* More whining about President Obama opining on Supreme Court cases while the justices “deliberate” — as though anyone’s opinion is up in the air. Apparently presidents have rarely done this. Fun fact: cynical lawyers have rarely gotten to the Supreme Court to attack a president’s landmark legislation on a tortured textual reading, but here we are. [The Volokh Conspiracy / Washington Post]
* It’s like the Hangover. Except in prison. With more drugs. [Legal Juice]
* Hey, remember when Jeb Bush got behind a law that required rape victims to publish their sexual histories in the newspaper until the law was shot down by the courts two years later? Good times. [Salon]
* The Right proclaims Jeb Bush really doesn’t believe in publicly shaming women for having sex. Hm. See item 3 supra. [Legal Insurrection]
* Wow. The Senate actually passed something. It’s a resolution hailing the 13th, 14th, and 15th Amendments. Is it a sign of my cynicism that I’m shocked even that got approved? [Constitutional Accountability Center]
* Why the rationale of Roe doesn’t really matter. [Lawyers, Guns & Money]
* Fourth Circuit panel snipes at each other over whether to call out overzealous prosecutors. It got so bad they actually sealed the opinion. [Maryland Appellate Blog]
* Derek Khanna has a new report on patent reform written with Lincoln Labs. The fundamental premise: patents are not encouraging innovation any more. [Lincoln Labs]
* Watchdog is reporting that Kroll Associates conveniently overlooked dozens of terrible LSAT scores in its report on University of Texas admission standards. It bears repeating: just how dumb must Abigail Fisher be to not get into this school? [Watchdog]
* A short memoir about suing The Grateful Dead. [The Faculty Lounge]
Kansas judiciary may lose $$$ if they issue a decision the governor doesn’t like…
* There’s a lot of constitutional law about booze. [PrawfsBlawg]
* Republicans try to play some word games on the Affordable Care Act and get straight-up lawyered. Or as The New Republic described the exchange: a “succinct, pithy demolition.” [MSNBC]
* Oscar Pistorius could be headed home on parole in the next couple of months. Time to get back in that dating pool. [CNN]
* Don’t bring your mom to court. [Lowering the Bar]
* Here’s an interesting company at the juncture of law and technology — 3D printing demonstrative exhibits for trial. [3D Printed Evidence]
* Randy Spencer interviews American Pharoah [Coverage Opinions]
* An interesting question from a lawyer doing his part to help the homeless: if a person can’t get online, how do they even look for a job anyway? [What About Clients?]
* A new novella from Jessica Pishko called A Trial for Grace (affiliate link) about a fallen, high-flying NYC attorney working a death penalty trial in North Carolina. [Amazon]
* Consent explained with tea. [Vimeo]
The always quotable John Yoo had interesting and funny things to say during a recent interview he gave to Virginia Lamp Thomas (wife of Justice Clarence Thomas, for whom Professor Yoo once clerked).
Is this would-be presidential candidate breaking the law?
* A litigant with a Supreme pimp hand? Darius Clark, the man whose child-abuse case — which is currently before SCOTUS — will determine whether teachers may testify of behalf children, was indicted for allegedly running a prostitution ring from jail. [Northeast Ohio Media Group]
* Judge Mark Fuller of the Middle District of Alabama was arrested last summer on domestic violence charges after his wife confronted him about an alleged affair with a law clerk. What a gent! He’ll be resigning from the bench August 1. [USA Today]
* You can roll your eyes at Rand Paul all you want, but several key parts of the Patriot Act expired shortly after midnight because the Senate was unable to reach a deal to extend it. (FYI, DOJ may still use grandfathered privacy-poaching techniques.) [New York Times]
* “Nothing changes. The system is disgusting. There is no due process.” Do you want to read the story that made Cuba’s government ban an American legal journalist from any further coverage of the country’s court system? Of course you do. [Daily Business Review]
* “I can’t preserve caution in my delight with Ruth.” This is what retired Justice David Souter wrote about Justice Ruth Bader Ginsburg’s performance after her first week on the bench. He already knew back then that she was no-no-no-NOTORIOUS. [Boston Globe]
* Ex-House Speaker Dennis Hastert, who recently resigned from Dickstein Shapiro following his indictment, was allegedly paying a former student “hundreds of thousands of dollars” to keep quiet about past sexual abuse at the politician’s hands. [New York Times]
* Beau Biden, former state attorney general of Delaware, major in the Delaware Army National Guard’s JAG Corps, and son of Vice President Joe Biden, RIP. [Washington Post]
People watch short videos to learn pretty much everything. And they do it exactly when they need to learn – whether it’s to tie a bow tie an hour before a wedding or make a martini just before the party starts. Hotshot is bringing that concept to the legal industry. We think you should be […]
* It may have taken two years, but Lindsay Lohan finally completed her community service for her reckless driving conviction. In other news, for the first time in almost eight years, the Hollywood has-been is off probation. Yay! [Los Angeles Times]
* A former staff attorney at Drinker Biddle was suspended from practice after overbilling his time doing doc review work by just a tad — 418.5 hours, to be exact. He owes the firm $12,500 to be paid in monthly installments of $100. [Legal Intelligencer]
* An ex-assistant dean and a professor at Cleveland-Marshall Law filed suit against Dean Craig Boise, claiming he retaliated against them after they assisted the faculty in unionizing. This, after they were offered raises of $0 or $666. [Northeast Ohio Media]
* Someone’s allegedly been a very bad boy: Ex-House Speaker Dennis Hastert was indicted by a federal grand jury for lying to the FBI in an attempt to conceal payoffs to a third party to cover up his “prior bad acts.” We wonder what those “bad acts” were… [BuzzFeed News]
* We bet you didn’t know that if you get convicted for sex on the beach you’d have to serve jail time and register as a sex offender. Protip: Don’t let 3-year-olds catch you doing the dirty in public. You’ll regret it for life (or until you win an appeal). [Bradenton Herald]
* Nebraska banned the death penalty. Does this signal a new conservative opposition to the practice? Well, is there a way this can make private prison lobbyists more money? Because then, yes. [FiveThirtyEight]
* The best way to sway a Supreme Court justice? Represent clients that the justices have financial stakes in. [Fix the Court]
* Pharmaceutical companies are peeved that lawyers are using Facebook to identify class action plaintiffs. Why aren’t people content to suffer grievous injury for the sake of profits anymore? [Bloomberg Business]
* Now you can know for sure if your job will be replaced by a robot. Good news, lawyers! Unfortunately, I don’t think this thing’s taking into account document reviewers. [Postgrad Problems]
* Jawbone is accusing Fitbit of poaching workers to steal its technology. Ten points to the tipster for the line: “Think this will all work out?” [Slate]
* Two Biglaw partners from rival firms have joined forces on a new challenge Native American adoption rules. It helps that they’re married to each other. [National Law Journal]
* An interesting perspective: “innovation” is more than technology, and it starts with debt relief. [Rawr]
* A former state senate candidate charged with witness tampering. At least he’s got experience with the system — his dad’s political career ended in a hail of guilty pleas too. [Nashoba Publishing]
* Brace yourselves for a shocker, but Biglaw is failing women. [The American Lawyer]
* David Gans on the upcoming “one person, one vote” claim. The proposition at issue, that representation is based on “voters” not “persons,” is so laughably unconstitutional the Court is clearly just trolling us at this point. I mean, putting aside the horrible racism, isn’t the 3/5ths compromise pretty compelling evidence that the Founders meant to count people who didn’t vote? [Constitutional Accountability Center]
Philip Alito, son of Justice Alito, recently left Gibson Dunn for a new job; where is he now?
Why should civil libertarians care what happens to 170 or so bikers in Waco? Columnist Tamara Tabo explains.
* Former House Speaker Newt Gingrich isn’t the only politician who will be joining Dentons. After Dentons completes a merger with McKenna Long & Aldridge, former DNC Chair Howard Dean will also be working for the largest law firm in the world. YEEEAAAH! [The Intercept]
* Now that New York has adopted the Uniform Bar Exam, other states are considering it. Hurry up, because the UBE will “break down the long persistent barriers that keep lawyers from moving” — which isn’t a bad thing. [National Law Journal]
* In half a century of reproductive and gay rights cases, it’s worth noting that “arguments based on a right to privacy have tended to weaken and crack; arguments based on equality have grown only stronger.” Let’s see what SCOTUS does in June. [The New Yorker]
* All six of the Baltimore police officers who were arrested following the death of Freddie Gray have been indicted on homicide and assault charges. Despite the fact there’s now an indictment, the officers’ lawyers are calling the prosecution’s case weak. [New York Times]
* “Can you #trademark a #hashtag?” It’s somewhat of a tricky issue for people who are trying to register their marks at the U.S. Patent and Trademark Office, but these attorneys from IP powerhouse Morrison & Foerster have a pretty good explanation. [Law.com]
Which firm will the former Speaker of the House be working for?
Dr. Carson is a neurosurgeon and a very good one at that. Ben Carson’s no lawyer or historian.
* “What Law Firms Can Learn From the Business Decisions of ‘Mad Men.'” I’m hoping the answer is “more drinking on the job.” [Legal Times]
* Hillary Clinton pledges to nominate SCOTUS justices who will overturn Citizens United. And if you agree with her, she’ll gladly accept your unlimited donations to her *wink* unaffiliated SuperPAC. [Jezebel]
* A great detailed piece on California’s recent decision to grant a law license to Hong Yen Chang, the Columbia Law grad denied his license over 100 years ago on the grounds of his “Mongolian nativity.” [Bloomberg BNA / Big Law Business]
* Bad: Being wrongfully convicted. Worse: The system strong-arming the wronged into signing away their right to compensation. [LFC 360]
* Should graduate students and adjuncts unionize? Depends. Do they want to be exploited by an unappreciative institution until their souls are sucked dry? Yes? Then no. [New York Times]
* Sen. Toomey wants Judge L. Felipe Restrepo on the Third Circuit. Maybe he should start talking to his obstructionist colleagues instead of whining to the paper. [Constitutional Accountability Center]
* Thomson Reuters has a new social network for small law firms. For every post, users can push a little “thumbs up” icon to express, “I [and my successors, assigns, and heirs of my body, indicate my generally warm feelings, reserving all rights to reverse or withdraw this endorsement at any time for any reason whatsoever notwithstanding any prior representations] This!” [Legal Research & Writing Pro]
* The 2015 World Championship BBQ Cooking Contest in Memphis is this weekend. How does that relate to ATL? Bob Cornish, a D.C.-based attorney at Phillips Lytle LLP and a trained and certified expert in BBQ is a judge. [Memphis In May]