Privacy

* 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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Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.

You probably saw this week’s topic coming. Until the folks at One First Street start tossing Elie and me some fresh meat to tussle over, my indignation — righteous as it is — must be directed elsewhere. Unless EM wants to argue that, when SCOTUS decided that Pelkey’s claim was not preempted by federal law in Dan’s City Used Cars, Inc. v. Pelkey, the Nine were, like, racist or something. (Query: what race is Dan? Where was the supplemental briefing?!)

So. The IRS’s targeting of conservative groups applying for 501(c)(4) status. I couldn’t not talk about this scandal, right?

Truly, I kept avoiding devoting this week’s column to the IRS abuses. Seriously.

For one thing, I was not initially so scandalized by this supposed scandal, though I was appropriately dismayed. Second, this story is still developing. So, I hereby reserve my right to be feverishly pissed off later….

double red triangle arrows Continue reading “Righteous Indignation: On the IRS Abuses and the Banality of Bureaucratic Evil”

* Even JFK had mommy issues. Unfortunately, his came with possible nuclear armageddon. [Lowering the Bar]

* Washington, D.C. is a horrible back-biting hellhole. Except for the D.C. Circuit, where Judge Tatel and Chief Judge Sentelle apparently hold weekly kumbaya circles and talk about their feelings. [Concurring Opinions]

* Prosecutors file motions to keep George Zimmerman’s lawyers from bringing up Trayvon Martin’s past in the trial. Probably because “getting into school fights” is not particularly probative of “deserved to get murdered.” [WKMG]

* Another look at the DOJ/AP scandal from a unique perspective: a privacy lawyer who used to be a journalist. [Inside Privacy]

* Jones Day landed the plum job as restructuring counsel for Detroit by one “point.” [AmLaw Daily]

* When you’re choosing an expert witness, you should really look for that elusive “part-Don Draper, part-Lois Griffin” type. [The Expert Institute]

* This was an actual problem I encountered when I had to edit the bills of some of my colleagues. [First World Lawyer Problems]

Ed. note: This is the second installment of Righteous Indignation, our new column for conservative-minded lawyers.

In Pennsylvania earlier this week, the trial of Dr. Kermit Gosnell drew to a close. Gosnell, a West Philadelphia abortion doctor, is accused of murdering four children who were allegedly born alive after Gosnell’s efforts to abort them. The jury now considers four counts of first-degree murder for the deaths of the children, along with one count of third-degree murder for the death of Karnamaya Mongar, a Bhutanese refugee to whom Gosnell allegedly gave a lethal overdose of Demerol. He also faces twenty-three counts of performing illegal late-term abortions. If convicted of first-degree murder, Gosnell faces the death penalty.

Trial witnesses, including clinic workers, offered gruesome testimony. Some of the allegations: the lethal drug Gosnell injected into the babies in utero failed to stop their hearts, and they emerged from their mothers’ birth canals breathing, wriggling, even crying; Gosnell then “snipped” the backs of the babies’ necks with scissors, severing their spinal cords; and Gosnell joked about the size of the “fetuses” whose spinal cords he cut, including a baby who he said was big enough “to walk me home.”

A mother of another of Gosnell’s alleged victims reportedly delivered her baby into a toilet while waiting for Dr. Gosnell. A clinic worker testified that the child made swimming motions in the toilet bowl before another employee snipped the child’s neck. Prosecutors dubbed Gosnell’s Women’s Medical Society clinic a “House of Horrors”….

double red triangle arrows Continue reading “Righteous Indignation: The Trial of Dr. Kermit Gosnell and Some Thoughts on Abortion”

The thing about promoting security on the Internet is that it, ostensibly, is about protecting individuals from identity theft. Sure, there are other possible harms, such as lost commerce, but the threat of stolen personal information is the primary concern of most folks.

So allowing employers to require their employees to hand over social media passwords would seem, to a reasonable observer, to be the exact opposite of a policy that promotes cybersecurity.

But in the wacky world of the House of Representatives, the majority rejected a proposal that would have barred middle managers from impersonating employees online. Because….

double red triangle arrows Continue reading “Cybersecurity Bill Allows Employers To Seize Employee Facebook Passwords… Wait, What?”

* How bad is the job market? Wisconsin Law grad seeks unpaid position pushing a cart. [New York Daily News]

* Effortless Senate filibusters are really lame. And have been for a really long time. [Volokh Conspiracy]

* There’s a middle ground between “telling your significant other the whole truth” and “faking your own kidnapping.” [Lowering the Bar]

* Professor Gerard Magliocca notes that 3D printers (demonstration here) will strike a blow for privacy by allowing people to make objects in their home that they’d be embarrassed to buy in a store. He’s talking about dildos, people. [Concurring Opinions]

* The tax liability for Superman crushing coal into diamonds. [Law and the Multiverse]

* “95 percent of sushi restaurants surveyed sold mislabeled seafood.” Yeah. That’s why I don’t eat sushi. [Consumer Advertising Law Blog]

* It’s Spring Break! Meaning crazy mass arrests in Florida! One mass arrest featured on the local news got me chuckling. So much to enjoy in this report — the bizarre decision to ankle-cuff kids for underage drinking, the reporter inexplicably waving a bottle of Captain Morgan into the camera, and of course, an arrested kid yelling, “Roll Tide!” The full video of the news report after the jump. [WJHG]

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‘What, no power rings for the Law School Avengers?’

* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]

* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]

* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]

* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]

* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]

* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]

* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]

* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]

If you have a mediocre law firm, here’s a new trick — just buy the ad-search rights to the names of better law firms. Every time someone searches for the better firm, a nice big ad for your firm will pop up.

Does that sound dirty? It kind of seems like cashing in on the good will of another firm. Not to mention the personal identities of the lawyers at the better firm.

So, yeah, it sounds dirty and not possibly legal.

Well, a state appeals court decided it was totally legal….

double red triangle arrows Continue reading “Buying the Names of Your Competitors Is Good Business, Totally Shady”

* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]

* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It's All Politics / NPR]

* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]

* Some law professors stop teaching classes to tend to their divorce proceedings, but other law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]

* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]

* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]

* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]

* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]

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