Porn

No one wants to be this guy.

At any job, there are various levels of misconduct that an employee can usually get away with or at least occasionally pull off without repercussions. Like, maybe you could get away with wearing jeans even if it’s not casual Friday. You might show up a few minutes late when your boss isn’t around, or you might check Facebook. I steal cars and blog while racing down East 14th after my east coast coworkers go home. You are not supposed to do it, but hey, it happens.

Then there are things you cannot do. Period. Things that any competent employee should simply know are unacceptable.

Included in this category of utterly verboten workplace activities are watching porn during a rape trial when you’re the on-duty court clerk. The list would also include falling asleep during a youth justice hearing — when you’re the judge running the proceeding.

But some people never learn. And then they lose their jobs. And we write about it (gavel bang: Adjunct Law Prof Blog) and show you video of the sleeping judge in court…

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Do NOT go in there.

Well, you don’t see this every day. “This” meaning a substantive legal debate over the privacy implications of watching porn inside an adult video store.

The stimulating (hem hem) opinion comes (why does everything suddenly sound so dirty?) to us courtesy of the New York County Supreme Court. A man arrested in Times Square for selling narcotics appealed his arrest, saying police who burst in on him (for crying out loud, I can’t stop the puns) conducted an illegal search and seizure.

I should not write this story, because I know it will only encourage more BikeDude commenter jokes, but here goes….

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Watch this before Sunday.

* Is New Jersey’s Senator Robert Menendez blocking Patty Shwartz, Obama’s Third Circuit nominee, out of resentment? Time to build yourself a bridge and GTF over it. [New York Times]

* Sullivan & Cromwell took the top spot among law firms in M&A transactions in 2011, with $325.7 billion in deals. You better believe they’re giving out huge spring bonuses. [Bloomberg]

* “No one wants to pay for something that doesn’t pay off.” At least those at the annual meeting of the AALS realize this applies to law school. When will the ABA sign on? [National Law Journal]

* In his first move after being appointed to the CFPB — a so-called valid appointment, mind you — Richard Cordray has launched a program for oversight of non-banks. [Legal Times]

* You can’t bill clients for hookers and porn and then try to get out of it by blaming your mental disorder. Or you can, but it will come back to bite you in the ass. [Thomson Reuters News & Insight]

* The Firm: from the best sellers list, to the silver screen, and now to the small screen. Look out for Mitch McDeere in his two-hour, television premiere this Sunday on NBC. [Wall Street Journal]

Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.

We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….

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No glove, no love.

* The Supreme Court will hear Obama’s challenge to Arizona’s immigration law. Upside: we can probably expect a decision by June. Downside: Lady Kaga has to sit her ass out. [New York Times]

* Depressing fact of the day: unless you’re earning six times your law school’s annual tuition, you’ll probably never be able to afford a home. Thanks a lot, student loan debt. [National Law Journal]

* Wilson Sonsini has announced its 2011 partnership class. Of ten new partners, only three are women. At least they’re beating Cravath’s partnership diversity scale. [DealBook]

* Los Angeles is suing to block an initiative that would force porn stars to wear condoms. Why? It wastes taxpayer money, and would be disastrous to spank banks nationwide. [Courthouse News]

* Stephanie Van Groll may be the “tall, young, hot nymph” whose sexting lawsuit against Kenneth Kratz survived a motion to dismiss, but he is still the prize. [Appleton Post-Crescent]

As we mentioned in Morning Docket on Friday, prosecutors will be seeking the death penalty against Stephen McDaniel if he is convicted of the murder of Lauren Giddings, his former neighbor and classmate at Mercer Law School.

The Bibb County District Attorney calls the crime “outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind,” which is one standard the prosecution has to meet to seek the death penalty in Georgia.

The Macon Telegraph conducted a long interview with Lauren Giddings’s boyfriend, David Vandiver. The King & Spalding lawyer wonders if Giddings’s final email to him was entirely hers….

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This version of her face was better.

* Grassley, if you think a letter will get the SCOTUS health care arguments on TV, then you probably think the ABA is going to do something about your letters to them, too. Aww. [Blog of Legal Times]

* When in doubt, get the f**k out. Take this expert advice from Judge Paul Hawkes: the best way to avoid an ethics hearing is to quit resign from your job. [Palm Beach Post]

* Mmm, “law school porn.” So thick, so long, so… stupid. Just think of all of the other bigger and better things that law schools could be spending your tuition money on. [National Law Journal]

* And in real porn news, a litigant says that Jenna Jameson is “possessed.” But was he talking about her case, or the evil plastic surgery demon who did a number on her face? [Chicago Tribune]

* Gary Busey is being sued for walking under the influence at an Oklahoma airport. Applicable Buseyism? CRAP: Colliding Recklessly Against Passengers. [International Business Times]

Stephen McDaniel

This should not come as a great shock, since he’s been in jail since July, but Stephen Mark McDaniel has been indicted by a grand jury for the murder of Lauren Giddings. McDaniel and Giddings graduated earlier this year from Mercer Law School, where they were classmates, and they were also neighbors in the Barristers Hall apartment complex in Macon, Georgia.

In addition to being charged with the Giddings murder, McDaniel has been indicted for other creepy crimes….

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To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.

– Professor Douglas Berman, commenting on the case of Daniel Enrique Guevara Vilca, a 26-year-old who was just sentenced to life in prison without the possibility of parole for child pornography possession.

(The reaction of Paul G. Cassell, former federal judge and victims’ rights expert, after the jump.)

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Glenda McDaniel and Mark McDaniel, parents of Stephen McDaniel, arriving at court this morning.

Bad news keeps on coming for Stephen Mark McDaniel, 25, the recent Mercer Law School graduate accused of killing Lauren Giddings, his former neighbor and classmate. This morning a judge found probable cause in the murder case against McDaniel, which will now be bound over to Bibb County Superior Court. The judge also denied bail to Stephen McDaniel, who has been in Bibb County jail since July 1 (on unrelated burglary charges; he also faces kiddie porn charges).

We were fortunate enough to have a reader at this morning’s hearing. Let’s hear what this roving reporter has to say….

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