* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]
* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]
* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]
* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]
* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]
* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]
* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….
Thanks to the Norton Rose / Fulbright & Jaworski merger, lawyers at Fulbright will soon be working Gangnam Style with all of this fabulosity. Aren’t you excited to be joining them in doing the hallway horsey dance?
Why does Justice Scalia make the controversial comparison between anti-sodomy laws, on the one hand, and laws against bestiality or murder, on the other?
Litigation finance is a funding tool many companies are considering to help cover the fees and expenses related to major legal claims. We at Lake Whillans Litigation Finance have compiled a list of questions to help you determine if your client is a candidate for litigation finance.
Here’s a preview of the upcoming Supreme Court Term, featuring the insights of Paul Clement and Tom Goldstein.
* Will the members of the Supreme Court announce which gay marriage issues they’ll be hearing this term any time soon? With Proppsition 8 appeal and several DOMA appeals on hand, there’s certainly a lot for them to choose from. [CNN]
* It’s beginning to look a lot like Biglaw, everywhere you go: lawyers are miserable, clients are unhappy, and apparently profits per partner are all to blame. Gee, thanks for those rankings, Am Law, they were really helpful. [DealBook / New York Times]
* Instead of arguing over font size, the Department of Justice argued law yesterday during closing arguments in its attempts to convince a three-judge panel to strike down South Carolina’s voter ID statute. [National Law Journal]
* Unlike Elizabeth Warren, he’s no “Fauxcahontas”: Kevin Washburn, the dean of the University of New Mexico Law School, has been confirmed by the Senate to oversee the Bureau of Indian Affairs. [Washington Post]
* If you’re going to allegedly slash someone’s face in an attempt to defend your honor, at least do it with class like this Columbia Law grad, and use a broken champagne flute as your weapon of choice. [New York Post]
* You can kiss your dreams of seeing Prop 8 being taken up by the Supreme Court goodbye if the justices decide to proceed with “more cautious DOMA challenges.” [Slate]
* Well, at least one person is getting annoyed by the endless back and forth between Posner and Scalia. But that’s just one person. We’ll continue to beat that horse until it’s extra dead. [Althouse]
* Is this like the new WebMD, but for law? With prompts like, “Can that crazy neighbor buy a gun?,” it looks like a suitable place for legal hypochondriacs to call home. [myRight]
* Oh yay, I don’t like to get into election law and politics, so it’s a good thing that The Simpsons did all my work for me on this one: “Stopping all Americans from voting is for the protection of all Americans.” [PrawfsBlawg]
* Kat over at Corporette wants to know what your top five tailoring alterations are — because after all, it’s pretty hard to dress for success in Biglaw if your pants are dragging on the floor. [Corporette]
* You’d have to be super-dee-duper high to think that disguising your pot plants as Christmas trees in the middle of the desert to throw the police off your tracks would actually work. [Legally Weird / FindLaw]
October first is the start of the new Supreme Court term, and Matt Kaiser has some ideas on how you can bluff your way through knowledge about OT 2012…
An interview with Professor John Corvino, co-author (with Maggie Gallagher) of a new book on same-sex marriage, about current issues in marriage equality.
* Chief Justice John Roberts, in his capacity as circuit justice for the Fourth Circuit, has given the green light — for the time being — to Maryland’s continued collection of DNA samples from people charged with violent felonies. [New York Times]
* Professor Dan Markel isn’t a fan of the practice, arguing that it “is yet another abuse of the presumption of innocence.” [PrawfsBlawg]
* In other Supreme Court news, the proponents of Prop 8′s ban on gay marriage have filed a petition for certiorari with the Court. [Arthur Leonard / Leonard Link]
* And in other gay marriage news, yet another federal judge — Judge Vanessa Bryant (D. Conn.), a Bush II appointee — has struck down Section 3 of the Defense of Marriage Act. [Chris Geidner / BuzzFeed]
A California litigatrix’s lawyerly lair.
* Lawyerly Lairs: Emily Alexander’s beautiful, light-filled home is awash in color. There are no hunting prints in sight — even though she used to practice at Sullivan & Cromwell. [California Home + Design]
* The mother of a man who died during a police chase has sued the SFPD over her son’s accidentally shooting himself. Opines SFist: “It remains unclear to us why [Kenneth] Harding has been chosen to serve as a martyr, given his not-so-stellar record and the self-inflicted wound.” [SFist]
* Poor Professor Campos — does his self-loathing know no bounds? The prominent law professor, one of legal academia’s harshest (and most eloquent) critics, has now turned his powerful fire on baby boomers — of whom he is one. [Salon]
ATL Academy For Private Practice Volume 1 – Getting Started offers a mix of deeply informed, sometimes contrarian, but always thoughtful insight into meeting the challenges of starting and optimizing your own practice. Click here to download.
* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly]
* AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice]
* Just before she was convicted of public intoxication, DLA Piper partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat]
* Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain’s Cleveland Business]
* Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun]
* Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal]
* Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zach Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]
9th Circuit, Bankruptcy, Baseball, Biglaw, Billable Hours, Brown Rudnick, California, Copyright, Dewey & LeBoeuf, Football, Gay Marriage, Health Care / Medicine, Insider Trading, Kasowitz Benson, Kathleen Sullivan, Morning Docket
* Dewey know the firms that have been tapped to represent the groups that this failed firm owes money to? Yes, we do! Brown Rudnick for the unsecured creditors’ committee, and Kasowitz Benson for the former D&L partners. [Am Law Daily (sub. req.)]
* The Ninth Circuit is supposed to be issuing an order today regarding an en banc reconsideration request on the Prop 8 case. They really ought to slap a big fat denial on that motherf’er and call it a day so we get some SCOTUS action. [Poliglot / Metro Weekly]
* Matthew Kluger, most recently of Fried Frank, has been sentenced to 12 years in prison, which is the longest sentence that anyone’s ever received in an insider trading case. Uh yeah, he’ll definitely be appealing. [Wall Street Journal (sub. req.)]
* Hughes Hubbard & Reed has billed more than $17M in the first four months of its work on MF Global’s unwinding. Will the firm will be handing out spring “special” bonuses like they did last year? [Reuters]
* Mattel is appealing MGA’s $310M copyright award, claiming that the judgment was based on “erroneous billing invoices.” Don’t you call my billable hours into question, Kathleen Sullivan. [National Law Journal]
* Jerry Sandusky’s accusers will be named in court thanks to this judge’s ruling. But don’t worry — there’s no tweeting, texting, or emailing allowed in his courtroom. Like that’ll make a difference. [Legal Intelligencer]
* Trust me, I’m a lawyer: a disbarred Colorado attorney somehow managed to scam a convicted con artist out of more than $1 million. Now that’s some pretty sweet karmic intervention for you. [Missouri Lawyers Media]
* A bus driver is suing a hospital because he claims that instead of treating his painful erection, the staff watched a baseball game on TV. Whatever, that was a really great Yankees game. [Associated Press]
* John Edwards’s heart condition has improved, so his campaign finance trial will begin in April. Your heart condition would be more manageable, too, if you knew your sex tapes were going to be destroyed. [Bloomberg]
* Despite his love of all things fabulous (like peep-toe shoes), Proposition 8 plaintiffs don’t want Chief Judge Alex Kozinski to hear their arguments on an en banc panel of the Ninth Circuit. [Poliglot / Metro Weekly]
* Instead of filing a motion to dismiss like Cooley and NYLS, Florida Coastal School of Law has removed its law school lawsuit to federal court. Will this be the start of a new trend? [Thomson Reuters News & Insight]
* A witness claims that Dharun Ravi “appeared uncomfortable” because his roommate was gay — so uncomfortable that he allegedly set up a webcam to watch his intimate encounters. That makes sense. [CNN]
* Objection! Lindsay Lohan is hosting Saturday Night Live, but her lawyer had to approve all of her skits. What a shame. Bobby Moynihan would’ve been great as Judge Sautner. [Daily Dish / San Francisco Chronicle]
* It looks like Marcus Epstein landed on his feet. [One People’s Project] * A cop in Akron says he found a female judge and a female lawyer “half-naked, late at night in back of car reeking of booze.” Clearly, this is LeBron James’s fault. [Daily Mail] * An NYU Law grad and former WilmerHale […]
The Ninth Circuit has issued a landmark ruling on gay marriage. Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued. Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….
* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times] * Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for […]
* Prop 8 proponents have standing. So, I guess the Ninth Circuit will now be looking at the merits of bigotry? [MetroWeekly] * Five ways to get your clients to pay you faster. How did “breaking kneecaps” not make the list? [Open Forum] * Ethics for cops. Not that I agree with her, but if […]
* Prop 8 made an appearance today at the California Supreme Court before newly seated Justice Goodwin Liu. As suspected, the liberal Liu immediately made the proponents have sex with each other as he cackled “I hate families.” [Poliglot / Metro Weekly] * Next time a TSA agent sticks her hand down your pants and […]
Congratulations to Goodwin Liu — until today Professor Liu, but after today, Justice Liu. In July, California Governor Jerry Brown nominated the 40-year-old Liu, a law professor at Boalt Hall, to serve on the California Supreme Court. The nomination was subject to the approval of a three-member state commission. What did the commission have to […]