* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]
* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]
* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]
* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]
* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]
* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]
* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]
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 today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”
The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)
Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….
Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”
* The American Bar Association is hiring Carol Stevens, former managing editor of USA Today, as its new director of media relations. Yeah, ’cause it’s the media that makes the ABA look bad, not the ABA’s refusal to regulate law schools during a time of dishonesty and profiteering by member institutions. [Poynter]
* Let’s play “count the stupid lawyer stereotypes” in this paragraph, many of which could lead a person into making a grave financial mistake. [Boise Weekly]
* Look, if an animal escapes from a zoo, it wins. It shouldn’t be hunted down and taken back to captivity. That’s just natural law. [Legal Blog Watch]
* Breaking news: if you sign your name on a petition, people might find out you signed your name to a freaking petition. [WSJ Law Blog]
* Pretty awesome collection of t-shirts people are wearing in their mugshots. [New York Daily News]
* Viacom cancels Ted Olson, taps Paul Smith as his mid-season replacement. [Hollywood, Esq. / Hollywood Reporter]
* I’m trying to figure out what this report on parenting styles can tell us about Bonobo_Bro’s upbringing. [Dealbreaker]
* If you’ll be in New York on October 26 and would like to attend a free screening of the new, buzz-generating HBO documentary, Hot Coffee, followed by a conversation between Lat and director Susan Saladoff, click here to RSVP. [New America NYC]

Sheryl Sandberg
* Shocker: tenured law professors are well-paid (check out their median salaries), and they enjoy high job satisfaction. [TaxProf Blog]
* Congratulations to David Boies and Ted Olson on winning the American Bar Association Medal, for their remarkable work on Perry v. Schwarzenegger (aka the Prop 8 case). [American Foundation for Equal Rights]
* In other LGBT news, lawyer turned pundit Ann Coulter makes nice with the gays, claiming her crown as the “Queen of Fabulous.” [Poliglot / Metro Weekly]
* Meanwhile, the Queen of Facebook, Sheryl Sandberg, gets profiled by the New Yorker. Here is Professor Christine Hurt’s take. [The Conglomerate]
* In the law firm world, beauty contests pit one law firm against another. In the strip-club world, beauty contests pit one vajayjay against another. [Fashionista]

Harry Wellington
* If you leave your bag of meth at the tanning salon, don’t go back for it. [Legal Blog Watch]
* The London riots show how technology and social media can be used to commit or to combat criminal activity. [Associate's Mind]
* Obama is taking his time on judicial nominations but at least he’s promoting diversity, reports John Schwartz. [New York Times]
* The ideas that Zach Shemtob and I discussed in our NYT op-ed are explored in greater detail in this (mercifully short) piece for the Tennessee Law Review. [SSRN]
* Harry Wellington, former dean of Yale Law School and New York Law School, RIP. [Yale Law School]
We just learned, via the SCOTUSblog liveblog of today’s proceedings at the Supreme Court, that Wal-Mart v. Dukes has been decided. Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.
Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.
Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?
Continue reading “Supreme Court Rejects Nationwide Class Action Against Wal-Mart”
Above the Law’s 2010 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all the voters, who picked our victor.
Here are ATL’s past Lawyers of the Year:
Two famous figures, and one anonymous one. A man, a woman, and an individual of unknown gender.
For 2010, who will join their distinguished ranks? Let’s find out….
Continue reading “ATL’s Lawyer of the Year (2010): The Winner!”
Here’s the Ninth Circuit’s certification order, available on the court’s Perry v. Schwarzenegger portal page, and here’s a quick write-up, from Bay City News. Essentially the Ninth Circuit wants the California Supreme Court to decide whether the official proponents of Proposition 8, California’s ban on gay marriage, have standing to defend the initiative’s constitutionality in court, since the public officials who would normally defend it have declined to do so.
In his concurrence to the certification order and per curiam opinion, liberal lion Stephen Reinhardt had catty comments about the litigation skills and strategy of David Boies, Ted Olson, and their colleagues at Boies Schiller and Gibson Dunn….
Continue reading “Breaking: Ninth Circuit Certifies Standing-Related Question to California Supreme Court”
We’ve set up our liveblog of the Ninth Circuit oral arguments in Perry v. Schwarzenegger, the Proposition 8 / same-sex marriage case. For a comprehensive account of what has happened in the litigation thus far, see this great FAQ by Chris Geidner, over at Poliglot.
You can watch streaming video of the arguments over at C-SPAN. And you can join our liveblog, after the jump….
Continue reading “Liveblogging the Prop 8 Ninth Circuit Oral Arguments”
What are the differences between Washington lawyers and New York lawyers? One broad generalization — crude, but largely accurate — is that D.C. attorneys are all about power and prestige, and NYC attorneys are all about money.
It’s certainly true that, in the Biglaw world, New York-based law firms generally enjoy higher profits per partner than Washington-based firms. But D.C. attorneys aren’t doing too badly for themselves.
The latest issue of Washingtonian magazine, available now on newsstands, is the salary survey issue. It’s all about who makes what in the D.C. metro area, from the president to police officers to pediatricians.
And given the proliferation of lawyers in the nation’s capital, there’s a whole section on lawyers and judges. Thankfully for us, Washingtonian has made this portion available online….
Continue reading “How Much Do D.C. Lawyers Make? A Washington Lawyer Salary Survey”
* Dahlia Lithwick wonders: Is Justice Ginsburg “The Mother of All Grizzlies”? [Slate]
* Five ways to write like David Boies and Ted Olson. [Legal Writing Pro (PDF)]
* Speaking of legal writing, do you share our love of corny Bluebook jokes? If so, read this. [Laws for Attorneys]
* And speaking of gays, and litigation, and people named Olson, Judge John Olson — a bankruptcy judge in Florida — just issued a saucy order, denying a recusal motion based on the fact that the judge’s fiancé (male) works for the firm representing the plaintiff. [South Florida Lawyers]
* Professor Stephen Bainbridge on summer associate programs: “When I was a kid, we didn’t get any stinking $150 cab rides.” [Professor Bainbridge]
* Vivia Chen doesn’t have much sympathy for the now openly gay Ken Mehlman. [The Careerist]
* Thanks to the kind folks at Abbey Spanier for making Above the Law their recommended blog of the week. [Twitter]
* While everybody else takes a Prop 8 victory lap, Ted Olson is back at work. [ABA Journal]
* BP’s static-kill operation looks like a success. We’re just waiting for the concrete to dry. That wasn’t so hard, was it? [Discover]
* Screw outsourcing; more firms should be doing crowdsourcing. [New York Times]
* A shareholder is not happy with the lawyers from the $3.2 billion Tyco settlement in 2007. [Forbes]
* Up here in the Northeast, the man who went on a shooting rampage at a Connecticut beer distribution company has been dominating the headlines. [New York Post]
* A former hot dog eating champ, Takeru Kobayashi, received probation for disturbing the hot dog eating championships on July 4th. He should have gotten a harsher sentence; the guy’s a real wiener. [CNN]
* Obama and Kagan will celebrate her confirmation at the White House today. [Chicago Sun-Times]
Here’s a celebratory video….
Continue reading “Morning Docket: 08.06.10″
Today Chief Judge Vaughn Walker (N.D. Cal.) issued his ruling in Perry v. Schwarzenegger, the constitutional challenge to Proposition 8, California’s ban on gay marriage. The case was famously brought by Ted Olson and David Boies, two of the nation’s top lawyers (who previously faced off in Bush v. Gore, on opposite sides of the case). We first learned of the news at 4:35 PM today (via Chris Rovzar of New York magazine).
In his 136-page ruling, Chief Judge Walker — a Bush I appointee to the federal bench who is generally viewed as a moderate, not some crazy San Francisco liberal — ruled that Prop 8 is “unconstitutional under both the due process and equal protection clauses.” Accordingly, he “order[ed] entry of judgment permanently enjoining its enforcement.”
A permanent injunction? Expect Prop 8 proponents to turn to a higher court in 3, 2, 1…. But is the famously left-leaning Ninth Circuit going to be much help?
For excerpts from the opinion and more links, see below….
UPDATE: This post has been revised extensively since it was first published.
Note especially the update near the end of this post regarding Judge Walker’s STAYING THE ENTRY OF JUDGMENT.
We have also added a READER POLL, after the jump.
Continue reading “Breaking: Proposition 8 Ruled Unconstitutional!!!”
This is the photo we gave you for our latest caption contest — a picture of David Boies and Ted Olson, adversaries turned allies, sharing a hug.

You voted on eight clever captions. Which one won?
Continue reading “Caption Contest Winner: Who Wants a Hug?”
Earlier this week, we solicited funny captions for this photo (a great image for the July 4th weekend, given all the American flags):

You responded with around 70 comments. This was a smaller-than-usual number of nominees, but they were of high quality. There were about 25 or so that we saw as worthy contenders. Alas, to make the contest workable, we winnowed the entries down to a shortlist of eight.
Check them out and vote — warning: some crude / juvenile humor ahead (if you can’t handle it, stop reading now) — after the jump.
Continue reading “Caption Contest Finalists: Who Wants A Hug?”
I thought that the last 30 minutes of Ted’s rebuttal was the best 30 minutes I’ve seen in five decades of practicing law.
– David Boies, discussing the closing argument of his adversary-turned-ally, Ted Olson, in Perry v. Schwarzenegger (aka the Proposition 8 case).

Ted Olson
* Wednesday showdown with Judge Walker in the Prop 8 trial. Lawyers will make their final arguments. [San Jose Mercury News]
* Prop 8 has been Ted Olson’s opportunity to come out… as a contrarian conservative. [Washington Post]
* When they said ‘I do,’ did they really, really mean it? The New York “Stokes Unit” is responsible for probing green card marriages. [New York Times]
* Time for BP to create a new well? President Obama wants the oil-spilling company to set up a multibillion-dollar escrow account from which to pay damage claims. [Los Angeles Times]
* More on the Generation Wars: Gen Y isn’t as concerned with how much they’re making as with how much they’re making in comparison to every one else. [Bloomberg via Law and More]
* In case you had plans to commit adultery with a client’s spouse… [ABA Journal]