Lawyer math: 1 + 1 = 3.
After kicking off a firestorm by suggesting he was wrong about Voter ID laws, Judge Posner is backtracking.
* Belgium has captured a real-life pirate king! But pirate kings just aren’t what they used to be. Something tells me Blackbeard wouldn’t have gone down because somebody said, “Hey, come back to England so we can make a movie about you.” [The Volokh Conspiracy]
* After a roller coaster malfunction killed a passenger, Six Flags responds by pointing the finger at someone else. They didn’t design or build the ride… they just bought it, promoted it, operated it, and profited off it, but they did not design or build it. [Houston Chronicle]
* At oral argument, Justice Scalia ripped a lawyer for thinking the Fourteenth Amendment was designed to protect minority rights against a white majority. As Scalia notes, “that was the argument in the early years…. But I thought we rejected that.” Leave it to Justice Scalia to point out that no one makes decisions based on the publicly known original intent of the drafters of constitutional provisions from 150 years ago. That would just be silly. Now, if we’re talking 200 years ago… [Josh Blackman’s Blog]
* A Texas judge is reprimanded for trying to pull strings for a friend. Unfortunately, it seems like he’s also really bad at pulling strings. [Legal Juice]
* Mitchell Silberberg & Knupp has started a fashion industry law blog. Ooh Law Law. Oh, I see what you did there. [Ooh Law Law]
* Judge Posner, who authored the decision that framed the entire voter ID debate by casting doubt that the laws could be used to disenfranchise voters, tells HuffPo Live’s Mike Sacks that he was completely wrong. Judge Posner explains that events have confirmed that voter ID laws are really all about disenfranchising poor and minority voters. Ever the empiricist that Posner guy. Full video after the jump… [New York Times]
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* Elie smash, Charlotte Law School. [NPR Charlotte]
* The International Association of Young Lawyers conference will feature a speed dating session (on page 6). Really hard-hitting program there. [International Association of Young Lawyers]
* Congratulations to the 49 firms honored for meeting all of WILEF’s criteria for Gold Standard certification at today’s awards gala! [Women in Law Empowerment Forum]
* Former federal prosecutor Moe Fodeman of Wilson Sonsini breaks down the case against Walter White. Spoiler: Fodeman thinks Orange Is the New Black for White. [Esquire Culture Blog]
* President Obama joins the chorus calling for an end to the 3L year. But when will students take all those “Law and Running a Massive Domestic Spying Operation” seminars? [Buzzfeed]
* At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live]
* Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw]
* Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter]
* Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice]
* Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog]
* Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….
This federal judge tells off Bryan Garner, Justice Scalia, and Judge Posner in one paragraph.
* Dear professors, please try to understand that most people who experience normal, human emotions are more concerned with the future of American law students than they are with whether or not American law schools can survive by bilking the hell out of foreigners. [PrawfsBlawg]
* In Canada, they raided somebody’s Super Bowl party to bust up an illegal gambling ring. They never would have done this during the Grey Cup. [CTV News]
* Apparently some kind of law something happened on Downton Abbey last night? I missed it, because staring at a dark stadium is literally more interesting than that freaking show. [Law and More]
* Thomson Reuters is getting out of the academic book publishing business. If only law professors would do the same thing. [TaxProf Blog]
* Is Washington & Lee’s “experiential” curriculum working? [The Volokh Conspiracy]
* Just to be clear, torturing people only works in the movies and television. [Politics USA]
* Cleary might become an ATL feeder firm. [Legal Cheek]
* Here’s an excerpt from a fun interview with David Lat, in which he talks about asking Richard Posner out on a date. [California Lawyer]
And there’s video, which you can watch for CLE credit, after the jump….
Lat participated in Legally Speaking, a series of in-depth interviews with prominent lawyers, judges, and academics, co-produced by California Lawyer and UC Hastings College of the Law.
You can watch Lat’s interview with Professor Evan Lee via the embed below. You can check out earlier interviews — with luminaries like Justice Stephen Breyer, Professor Alan Dershowitz, Justice Ruth Bader Ginsburg, Professor Harold Koh, Professor Larry Lessig, and novelist Scott Turow — over here. California CLE credit is available for watching each video.
Our militia could totally take King George III now!
* Munger Tolles & Olson recently announced a new partnership class, 75 percent of which is composed of women. Let’s hear three cheers for diversity in the practice of law! Oh, and uh… congratulations to the lone white guy, too. [The Careerist]
* Praise the Lord and pass the ammunition: in an opinion penned by Judge Richard Posner, a divided three-judge panel of the Seventh Circuit struck down an Illinois law banning the concealed carrying of loaded weapons outside the home. [Bloomberg]
* Holy crap! Law students asked for change, and the Arizona Supreme court is giving them exactly what they wanted, which is impressive. 3Ls will now be able to sit for the February bar exam. [National Law Journal]
* And speaking of Arizona, the Phoenix City Council and state Board of Regents have approved ASU Law’s plans to move its campus, and the city even threw in $12M to sweeten the deal. [Phoenix Business Journal]
* Remember the defamation suit Cooley Law filed against a former student who anonymously criticized the school on his blog? His lawyer will defend his anonymity today in court. [Thomson Reuters News & Insight]
* Nevermind the fact that he’s a “person of interest” in a homicide case, because a Guatemalan judge ordered that antivirus mogul John McAfee should be released due to his illegal detention. [Los Angeles Times]
People watch short videos to learn pretty much everything. And they do it exactly when they need to learn – whether it’s to tie a bow tie an hour before a wedding or make a martini just before the party starts. Hotshot is bringing that concept to the legal industry. We think you should be […]
How political are federal judges? Pretty darn political, according to a new book (co-authored by a noted federal judge).
* Additional thoughts, from Professor Josh Blackman, on Judge Richard Posner’s awesome streak of book reviews. [Josh Blackman]
* Meanwhile, Professor Kyle Graham wonders: How would Judge Posner review Moby Dick, Fifty Shades of Grey, and other classic literature? Incredibly, that’s how. [noncuratlex]
* Apple responded to Samsung’s blame-the-jury appeal with knives out and guns blazing. [Ars Technica]
* This attempt at using a disguise to commit ID theft was so pathetic, I almost feel bad for the guy. And yes, there is a photo. [Lowering the Bar]
* A longtime Arby’s employee fled when a knife-wielding robber broke into the restaurant in the middle the night. And then Arby’s fired her. At least unemployment > dying alone in an Arby’s. [Consumerist]
* Models, runway shows, and confidentiality agreements, oh my! [Fashionista]
Judge Richard Posner of the Seventh Circuit shares his thoughts on two recent law books. Warning: benchslaps ahead….
Antonin Scalia, Barack Obama, Department of Justice, Election 2012, Eric Holder, Federal Government, Federal Judges, Harvard, John Roberts, Politics, Richard Posner, Sarbanes-Oxley / Sarbox / SOX, SCOTUS, Supreme Court
Do you want to get drunk during tonight’s presidential debate? Of course you do! So play our drinking game.
* Bank robber tuned jailhouse lawyer turned successful author, Shon Hopwood, is now in law school — on scholarship. Second chances FTW. [Seattle Times]
* As Hopwood transitions from inmate to law student, another would-be lawyer’s career is going the other direction. One of Reema Bajaj’s classmates is headed to the slammer. [Daily Herald]
* Damon Thibodeaux is the 300th person in the U.S. to be exonerated on DNA evidence. The Louisiana death row inmate was exonerated after 15 years behind bars. Oy. [Washington Post]
* Apparently this is the jailhouse edition of Non-Sequiturs, so here’s Judge Richard Posner expounding upon prison rats, damp, dark cells, and the concept of the Bubonic Plague in jail. Heavy s**t, man. [How Appealing]
* Lionel Hutz is a wonderfully terrible cartoon lawyer, but God help the client who ends up with a real-life version. [RocketLawyer]
* A trip down the substantially creepy rabbit hole wherein Chevron’s Ecuador litigation, Google, and concerns about electronic privacy all converge. [Opinio Juris]
* Add Maryland to the list of states sending gay marriage to the ballot box. [Daily Beast]
* Someone was finally able to liken the Scalia v. Posner debate to a suitable situation: bitchy mean girls fighting each other in a middle school cafeteria. Seriously, only the inclusion of “like” throughout the entirety of the dialogue could’ve made it better. [lawprofblawg]
* Who pays your law professors’ salary? The obvious answer is law students, since professorial wallets are padded by tuition dollars. But what happens when IBR comes into play and loan debts are forgiven? Then the answer shifts to the taxpayers. [PrawfsBlawg]
* When Derek Boogaard of the New York Rangers died, everyone was expecting that a lawsuit would be filed, but no one really thought that it would be one based on contract law. [New York Law and Legal Analysis Blog]
* What kind of case “really turn[s] on” everyone’s favorite First Amendment lawyer? Free speech cases that are riddled with challenges, of course, and questions about what does and doesn’t constitute porn. [Vegas Inc]
* You must be wondering where Above the Law fell on this ranking of the 15 Most Influential Law Blogs. We won’t give it away, but let’s just say that we now share something in common with Cooley. [Business Insider]
* “[S]ome dude with the munchies is getting a little legal education.” That’s what we thought when one of our top searches last week was “pictures of tacos” — and not even “duck tacos,” but regular ones. [Search Party]
* 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]