Privacy

Martin Lipton?

* Former SCOTUS clerks earn more money for having clerked at the high court than SCOTUS justices earn for their yearly salaries. Consider how ridiculous that is. [The Economist]

* As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post]

* Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal]

* Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes]

* NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily]

* As was widely expected, Mayor Michael Bloomberg’s army of New York City lawyers will soon take the first step to appeal Judge Shira Scheindlin’s stop-and-frisk ruling. [New York Law Journal (sub. req.)]

* A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette]

* Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer]

* Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star]

* Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]

Because football is better than job stats.

* In the latest round of musical chairs, Skadden Arps managed to scoop up products liability queen and top woman litigator Lisa Gilford from Alston & Bird. Congratulations! [The Recorder (sub. req.)]

* Is merger mania a thing of the past? With pocketbooks tighter than ever, “pseudo-mergers” are starting to look great. No one will complain about more lawyers with less liability. [Legal Intelligencer]

* Man, it’d be great if you could represent plaintiffs in a class action suit and keep all of the settlement funds without having to pay your clients a cent. Oh wait, you can actually do that? [New York Times]

* “It shows he’s adventuresome and he’s got good taste.” Peter Zimroth, the lawyer appointed to oversee the reform of the NYPD’s stop-and-frisk policies, married very, very well. [Wall Street Journal (sub. req.)]

* The ABA approved Texas A&M’s acquisition of Texas Wesleyan’s law school. Hello to the Texas A&M Johnny Football School of Law! We hope to see the Heisman of employment stats. [National Law Journal]

* A judge says the woman who sued Paula Deen for racial discrimination was nothing more than an “accidental victim.” And like that, her race-based claims have melted away like butter, y’all. [ABC News]

* Whitey Bulger was convicted on 31 of the 32 counts he faced. [NBC News]

* Eric Holder announced that the federal government will stop charging certain drug offenders with crimes that carry draconian mandatory minimum sentences. Apparently, he just now realized the prison system is riddled with non-violent offenders. The last horses are finally crossing the finish line, folks! [Washington Post]

* Johnny Manziel has hired counsel for his upcoming NCAA probe. Surprise, surprise, it’s Champ Kind from Anchorman. [Jim Darnell]

* As a follow-up, the lawyer who filed suit against his ex-wife for bad mothering is facing ethics charges in an unrelated matter where he wrote a will giving his own kids 40 percent of his client’s estate. It take something special to try and slip that one past the goalie. [ABA Journal]

* The former escort behind the nom de plume Belle de Jour, whose exploits gave rise to a TV show, is being sued for defamation by an old boyfriend who claims her sexploits are a lie. If you can’t trust a detailed diary of sexual experiences, what can you trust? [Jezebel]

* Here are the top energy law priorities facing Congress after they return from summer recess. Repealing Obamacare, Congress’s only priority, is not an energy policy. [Breaking Energy]

* For IP attorney LOLZ, here’s a fun Tumblr. [IP Attorney]

* A law student at Wisconsin has developed a system that allows easy stalking of someone’s smartphone. While this makes him sound like a jerk, his intention is to prove how unacceptable this lack of privacy really is. It’s not stalking if it’s proving a point! [Ars Technica]

* The Sixth Circuit thinks the emergency manager law in Michigan may violate the state’s constitution. This could throw the whole Detroit bankruptcy into doubt. There’s a lot of talk about how this could help city pensioners, but let’s focus on the victims it could cause — what would happen to Jones Day’s billings? [Constitutional Law Prof Blog]

The administration wants Snowden back badly enough that it has let this singular aspect cloud its judgement. Obama recently stated he won’t be meeting with Putin, stating Russia’s harboring of Snowden as a factor (rather than Russia’s multiple issues with human rights). Rather than engage in the debate Obama claimed he “welcomed,” the administration is circling the wagons, as evidenced in the petty statement it issued in reference to Rep. Justin Amash’s NSA-defunding amendment. Don’t govern angry, as they say.

There are plenty of people who believe Snowden is a hero. Many others believe the opposite. The problem is the middle ground is pretty much nonexistent. Allowing Snowden to go free would appease the former, but allow him to continue exposing the NSA’s surveillance programs. Locking him up wouldn’t do much either, other than allow the government to avenge its embarrassment. It won’t stop the leaks, however, at least not if Snowden’s “dead man’s switch” works as intended. The Guardian is already in possession of thousands of documents. Capturing Snowden will only hasten their release.

double red triangle arrows Continue reading “Why It Might Be In The U.S.’s Best Interests To Grant Snowden Full Immunity”

The ongoing court battle over warrantless cell phone location tracking continues and the latest decision is another setback for the Fourth Amendment. The Fifth Circuit Court of Appeals held that individuals have no reasonable expectation of privacy over their location data. The decision states that location data is a “business record” created by private companies with the implicit consent of cell phone users and therefore are not subject to privacy protections.

double red triangle arrows Continue reading “Fifth Circuit Court Of Appeals Upholds Decision That Warrantless Cell Phone Tracking Doesn’t Violate Fourth Amendment”

Judge James Robertson

Last year, we noted that after five years of nothingness, despite what the law required, the federal government finally had a Privacy and Civil Liberties Oversight Board (PCLOB), after years of nominations that went nowhere. The PCLOB does now exist and has been charged with looking into the government’s surveillance efforts. While the PCLOB does have some really good members who are strong privacy/civil liberties advocates, there are significant questions about how much authority it actually has. Still, on Tuesday, the PCLOB held hearings on the ongoing surveillance programs, and perhaps the most interesting thing to come out of them were the comments from James Robertson, a former FISC judge, who had quit the court, but had not spoken publicly about why until now…

double red triangle arrows Continue reading “Former FISC Judge Quit Over Warrantless Wiretapping, Now Argues FISC Is Out Of Control”

Justice rests.

* No, silly, Ruth Bader Ginsburg isn’t “too old” to be a Supreme Court justice. So what if she uses the SOTU address as her personal naptime? She’s brilliant, and everyone loves her. [Los Angeles Times]

* “Justice delayed due to overworked judges can … mean justice denied,” and Obama’s got a lot of work ahead of him due to a “uniquely high” amount of judicial vacancies on his watch. [National Law Journal]

* After the SCOTUS ruling on the Voting Rights Act, Southern states have rushed to push out voter ID laws. But isn’t that discriminatory? “Not true, not true,” as Justice Alito would say. [New York Times]

* It turns out the Foreign Intelligence Surveillance Court’s redefinition of the word “relevant” is what has allowed the NSA to collect anything and everything. Say au revoir to privacy! [Wall Street Journal (sub. req.)]

* Layoffs: they aren’t just for Biglaw firms anymore! McGeorge Law School is downsizing its staff and student ranks due to an “unprecedented drop” in applications. Another one bites the dust; which law school will be next? [Sacramento Bee]

* Client 9, aka Eliot Spitzer, announced his candidacy for NYC comptroller. He’ll run against Kristen Davis, the woman who once set him up with escorts. That’ll be an awkward debate. [New York Times]

* As the prosecution rests its case and the defense’s acquittal motion is denied, a nation is left wondering whose voice it was on that 911 recording — Trayvon Martin’s or George Zimmerman’s? [CNN]

Last week, I tested out a longer-form article picking up other stories from the week and stuff that got overlooked and put together a sort of “week in review.” Folks seemed to like it according to our handy-dandy analytics, so we’re trying it again to see if it was just a fluke of the busiest legal news week of the year.

So here are three bits of legal news from the holiday-shortened week that was, including the George Zimmerman trial’s technical difficulties, a lot of butthurt FISA judges, and… wait, is that an honest to God Third Amendment case?!?

double red triangle arrows Continue reading “3 Notable Legal Stories From The Short Week”

If you don’t live in the South, you may never have been to a Waffle House. Before anyone points out that Waffle House has a number of locations in the North these days, you’re wrong — anywhere with a Waffle House is automatically the South. It’s the new Mason-Dixon line.

In any event, the Waffle House is a chain of greasy spoons that consumes more lard than most countries and offers trainee positions to law students.

The Chairman of Waffle House, Joe Rogers Jr., is in a Georgia courtroom because his housekeeper accused him of demanding sex acts from her over the course of her eight years of service. Rogers has admitted to the affair — which was a gimme because nothing associated with a Waffle House has been cleaned since 1985 — but denies that he forced his maid to give him a half and half with his coffee.

While the case is not over, Rogers has scored a critical victory…

double red triangle arrows Continue reading “Videos of Waffle House Chairman Smothering Housekeeper With His Gravy Violated Privacy”

Gold stars and praise for all law students!

* “Going forward, nobody is going to get everything they want. Not Democrats, not Republicans, not me.” What a way to open the door to debate on the president’s newly endorsed bipartisan immigration bill. [New York Times]

* The ACLU is suing the United States over the collection of Verizon phone records, citing a possible “chilling effect” on the people who may contact the ACLU. What an entertaining (and egocentric) cause of action. [Bloomberg]

* When businesses throw cash at judges’ election campaigns, jurists tend to rule in favor of their donors — which is likely why Sandra Day O’Connor called state judges politicians in robes. [Washington Post]

* If it’s not news of layoffs, it’s news of office closures: Dentons partners will vote on whether to close the firm’s doors in Kuwait, and Curtis Mallet-Prevost already got the hell out of the Gulf. [The Lawyer]

* If you want a law school where professors pat you on the head and give you a treat each time you answer a question correctly, use this method to choose your alma mater. [U.S. News & World Report]

* There’s a pretty high probability that you’re a legal procrastinator, so here are some tips to stop the madness. Apparently alcohol isn’t the answer to your problems. Who knew? [WSJ Law Blog (sub. req.)]

* New York City may be trying to defend a ban on sugary drinks that are larger than 16 ounces, but if your milkshake brings all the boys to the yard, it doesn’t matter how big it is. [Associated Press]

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