Porn

Madam Justice A. Lori Douglas

Madam Justice A. Lori Douglas

You are obliged to see the pictures to come to a conclusion. You cannot simply ignore what it is that these images depict.

Suzanne Cote, independent counsel to the Canadian Judicial Council commission investigating Justice Lori Douglas, urging the commission members to view the nude photos of Justice Douglas [link is safe for work; just detailed descriptions of the images, not actual pictures]. Douglas’s lawyer, Sheila Block, objects to further viewing of the photographs and wants them destroyed.

‘Why is your keyboard so sticky, Your Honor?’

The scandalous “porngate” controversy has been brewing for a while now in Pennsylvania. If you’re not familiar with what happened, it seems that hundreds of pornographic and racy emails were exchanged between dozens of state government employees and officials from 2008 to 2012. The vast majority of those emails were sent or read on state email accounts. Thus far, the names of eight former employees of the attorney general’s office have been released as being involved in the erotic email exchange, and two people have already resigned from their positions.

Late last week, the chief justice of the Pennsylvania Supreme Court demanded information on whether any of the justices seated on his bench had taken part in any of the sexy email swaps. Days later, we now know that at least one of the justices may have been improperly banging his gavel alongside state officials.

Which justice allegedly traded sexually explicit emails with his colleagues?

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I store my files on the cloud. Whenever you store your confidential stuff on someone else’s computers, you have to be wary of two things: security and privacy. A few weeks ago, I wrote this article about how to beef up your security, so today, I am going to talk about privacy.

The general consensus is that lawyers can use cloud computing. The ABA has put together this map that explains ethics opinions on the use of cloud computing by state. To sum it up, about 20 or so state bars have issued opinions that storing data in the cloud does not per se violate a lawyer’s duty of confidentiality, but you have to use reasonable care in storing your docs online.

There’s a movie on Netflix streaming right now called “Terms and Conditions May Apply.” It’s a scary documentary about how we agree to give away access to our data in the fine print of all of the internet services we use from email to social media. So, how does that relate to confidentiality of client files we store on the cloud?

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Millionaire playboy Dan Bilzerian threw a naked woman off a roof, as millionaire playboys are wont to do. Seriously, the number of naked women hurled off Gracie Mansion during the Bloomberg years defies calculation. This woman survived and made noise about suing. That sounds reasonable enough, except apparently the woman, porn star Janice Griffith, had contracted with genteel periodical Hustler to be “picked up by nature’s handlebar” and tossed off the roof into a waiting pool. That she broke her foot in the process is, from Bilzerian’s perspective, not his fault.

Nonetheless, she suggested filing suit, and Bilzerian’s lawyer responded with one of the most epically brutal takedown letters ever.

And it’s by a lawyer you all know.

So if you want to (a) see a video (appropriately blurred out) of what we’re talking about, (b) read the hilarious letter, or (c) just find out what famed lawyer is this funny, by all means click on….

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* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

Where to even begin?

Models often find themselves in awkward poses. Models whose work borders on the porn industry often find themselves in really awkward poses. The model in this story works in the latter milieu. She’s Elizabeth Dickson, and she models for Playboy. As part of this career, she shoved a golf tee in her tail.

What could possibly go wrong?

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Are porn stars’ rights deserving of strict scrutiny?

[W]hat I ask for is simple. I, like all other sex workers, want to be treated with dignity and respect. I want equal representation under the law and within societal institutions. I want people to acknowledge our humanity.

Lauren A., a freshman at Duke University, defending her decision to perform in pornography to fund her education. In her personal manifesto, posted on xoJane, she rejects her categorization as a “bimbo” and a “whore,” and envisions a world in which sex workers will enjoy the equal protection of the laws.

Is the internet good or evil? Well, neither — the internet, just like the information you find on it, is really what you make of it. Some people use information for good purposes, and some use it for bad.

Here at Above the Law, we tend to see the internet as a force for good. We use our bandwidth on the web to entertain and to educate. Our view is that, in general, more information is good. With more information, people can make better choices about their lives and careers. Should I go to law school? If so, which law school? And what about law firms? Which firms are the best places to work?

But you can use the internet for anything, really. For some folks, to quote the popular song from the musical Avenue Q, The Internet Is For Porn — and so much more, from the shady to the downright illegal….

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Recently, the Kentucky Supreme Court rejected a registered sex offender’s application to sit for the Kentucky bar exam. Guy Padraic Hamilton-Smith pled guilty in 2007 to a single charge involving the “possessing or viewing of matter portraying a sexual performance by a minor.” He received a five-year suspended sentence but was ordered to register as a sex offender for the following twenty years. Hamilton-Smith graduated from the University of Kentucky College of Law in 2011. Since graduating, he has been working in a non-lawyer position for the Lexington firm of Baldani, Rowland, and Richardson.

The Kentucky Office of Bar Admissions denied Hamilton-Smith’s application to sit for the bar exam, citing character and fitness concerns. The Office also asked the Kentucky Supreme Court to create a rule that would have kept all registered sex offenders from joining the state’s bar, but the court opted against that suggestion. Instead, the court wants the Office of Bar Admissions to consider bar applicants with sex-offender registration on a case-by-case basis.

What were the particular circumstances in Hamilton-Smith’s case that led the Kentucky Supreme Court to deny his application, despite not creating a blanket rule? Was it the right outcome?

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Edward De Sear

A story that we thought couldn’t get uglier just did. Edward De Sear, a former partner at several top law firms who stood accused of child pornography distribution, pleaded guilty to four counts of distribution of child pornography and to sex trafficking of a child.

One could argue that federal sentences for mere possession or even distribution of child pornography are too high. As noted in a 2012 article in USA Today, in some cases “offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child.”

But if you possess child pornography, distribute child pornography, and sexually abuse children in real life, you deserve to go away for a very long time. What kind of sentence did Edward De Sear receive?

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