Privacy

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…

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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?!?

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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…

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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]

But they can do it. Some phone companies, for a fee, actually have a self-serve website where law enforcement can go in, ping your phone, and know exactly where you are. Pretty neat, huh? So anyway, the answer is, kiss it goodbye.

– Chief Judge Alex Kozinski, discussing the state of third-party privacy in the era of technological surveillance. He adds that “the great libertarian conspiracy” could soon be located “right here.”

Edward Snowden

* Edward Snowden, the computer technician who leaked details on the programs the NSA didn’t want you to know about, sacrificed his life to save your privacy’s soul. Thanks a bunch, Technology Jesus! [CNN]

* While we wait for Fisher, DOMA, and Prop 8, if you’d like some background info on the people behind the most controversial and talked about SCOTUS cases of the term, give this one a read. [NBC News]

* If a justice claims he’s never met a homosexual and he’s got a gay law clerk, telling him to “look around [his] chambers” to find one is the NKI. My, how times have changed since the mid-80s. [New York Times]

* In 2012, Justice Sotomayor earned $1.9 million in royalties from her memoir, My Beloved World (affiliate link). Yeah, her world is probably so beloved because she’s rolling around in money. [Blog of Legal Times]

* Howrey going to make use of this empty wall space? If you’re in the market for some art, this bankrupt firm’s decor will be up for auction in D.C. later this week. [Bankruptcy Beat / Wall Street Journal]

* When you’re dealing with the most beautiful people in Biglaw, the price for pretty is high: Davis Polk was slapped with a million-dollar lawsuit over a recruiter’s fee. [Thomson Reuters News & Insight]

* Gerald Shargel, criminal defense attorney to the Mafia stars, is retiring his shingle to join Winston & Strawn. Biglaw better keep him entertained — he gets bored easily. [DealBook / New York Times]

* Cory Booker, one of everyone’s favorite Yale Law School grads, announced his candidacy for a New Jersey Senate seat over the weekend. Best of luck in the special election! [The Note / ABC News]

* The feds are seeking a four-year sentence for former Rep. Jesse Jackson Jr. in his campaign funds misuse case. No MJ memorabilia is worth prison time, no matter how big a fan you are. [The Hill]

* “[I]f you ever call me on my cellphone again, I’ll strangle you.” Yikes. Looks like this Kentucky judge won’t have the chance to wring his hands around lawyers’ necks any time soon. [Courier-Journal]

Erika Harold

* AG Eric Holder sat down and had a little chat about what’s been going on at the Justice Department. He’s not impressed with his agency’s work, but he claims he’s not stepping down just yet. [NBC News]

* “Can you hear me now?” Oh, Verizon, what an apropos slogan you’ve got considering the latest government scandal. The NSA has been spying on you through your phone records since late April. [Guardian]

* Lawyers for Matthew Martoma still want more time to comb through millions upon millions of documents in their client’s insider trading case, but it seems rather pointless after a judge’s kiss of death. [Reuters]

* Looks like she got her wish: thanks to Judge Michael Baylson, a little girl with terminal cystic fibrosis may have a better chance at getting a longer lease on life in this donor lung transplant case. [CNN]

* Being a politician didn’t really work out so well for him, so John Edwards is going to try his hand at being a lawyer again. Just think of all of the lovely ladies he’ll be able to pick up as clients. [USA Today]

* Speaking of former public servants who are getting back into the law, Ken Salazar will be opening the Denver office of WilmerHale — and when it comes to pay, he’s got a “very good package.” [Denver Post]

* And not to be forgotten, famous flip-flopper Joe Lieberman will be taking his services to Kasowitz Benson. We certainly hope the firm will appreciate his superior legal mind. [WSJ Law Blog (sub. req.)]

* The ABA is considering law school job data collection 10 months after graduation, instead of nine, because bar exam results come out so late. Like that extra month will help… [National Law Journal]

* Erika Harold, a Harvard Law grad and ex-Sidley associate known for her reign as Miss America, is running for Congress in Illinois. What will she she do for the talent portion of the competition? [Politico]

* Because the Senate doesn’t work properly when it comes to doing things efficiently, Obama will nominate three candidates for the D.C. Circuit. The outrage! The horror! The court-packing! [Legal Times]

* Howrey going to sue everyone in time to meet this bankruptcy deadline? When you’ve only got a few days left before the statute of limitations expires, you file up to 33 suits per day. [Am Law Daily]

* Attack of the lawyer glut! If you’re a recent law school grad who’s still unemployed, chances are high that this chart detailing the ratio of lawyers to job openings will make you shed a tear. [The Atlantic]

* Tey Tsun Hang, the law professor convicted on corruption charges after having an affair with a student, is heading to jail for five months. Giving out all of that extra credit wasn’t worth it after all. [Bloomberg]

* Nidal Hasan, the accused Fort Hood shooter, will be representing himself in his murder trial. He’ll use a “defense of others” argument, which seems obtuse given the nature of the crime. [Huffington Post]

* Bradley Manning’s court-martial began with a bang, with the prosecution arguing that the young intelligence analyst put lives at risk, while his own attorney called him a “humanist.” [New York Times]

* Jill Kelley, the woman who helped bring about the downfall of General David Petraeus by exposing his affair, has filed a lawsuit against government officials alleging privacy violations of all things. [USA Today]

* America, you won’t have Michele Bachmann to kick around anymore! The political equivalent of comic relief announced that she will not seek another term. [CNN]

* Eric Holder testified that he would support reform of the ECPA. Apparently this newfound love of electronic privacy doesn’t extend to the Associated Press. [IT-Lex]

* Atlanta is soon to host its Battle of the (Lawyer) Bands. LawJam 2013 is set to rock Atlanta like a litigious hurricane on June 8. Last year featured bands like Mikey Mel & the JDs, so you have a sense of what you’re getting here. [Atlanta Bar Association]

* The CFTC had no idea how to do its job? Say it ain’t so! [Breaking Energy]

* So the sequester has an advantage! Cocaine is going to get cheaper! [Breaking Defense]

* Paul Caron has acquired a 100 percent ownership share of the Law Professor Blogs Network. Congrats! [TaxProf Blog]

* Woman acquitted of manslaughter responds in the best way ever. Video after the jump…

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