Texas

Professor Tim Wu

* Could Columbia law professor Tim Wu become New York’s next lieutenant governor? He has a shot, according to the Times. [New York Times]

* Which same-sex-marriage case is the best vehicle for Supreme Court review? [BuzzFeed]

* A federal judge takes the wheel in steering Detroit into the future. [American Lawyer]

* Is it “shameful” of the ALS Association to attempt to trademark the phrase “ice bucket challenge”? [ABA Journal]

* Jury deliberations are expected to begin today in the corruption trial of former Virginia governor Bob McDonnell. [Washington Post]

* Voter ID laws are back on trial, this time in Texas. [New York Times]

* Speaking of Texas, the state seeks to stay a recent ruling that struck down the requirement that abortion clinics comply with standards for ambulatory surgical centers. [ABA Journal]

* Dean Chemerinsky lays out how the Supreme Court is protecting local corruption. It’s what the Framers would have intended. [New York Times]

* In response to the latest article from Professor Michael Krauss, a former student suggests that maybe the so-called “justice gap” is a good thing. It kind of comes down to how much you believe in the efficiency value of the “American Rule.” [That's My Argument]

* The eternal question for female lawyers: do you dye your hair or embrace the gray? [Gray Hair]

* Boston’s drivers suck. [The Faculty Lounge]

* A well-written tribute to a Nashville civil rights lawyer. [Nashville Scene]

* This seems like a place to remind people that David’s going to Houston next month. [Above the Law]

* Here’s a new game to check out. It’s a twisted dirty word game called F**ktionary (affiliate link), so obviously it was made by a lawyer. It’s kind of like Cards Against Humanity meets Scattergories, which is just as fun as it sounds. The promo is after the jump….

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Raise your hand if you’ve been to Marshall, Texas. It’s on the eastern edge of the Lone Star State, not far south from Springdale, Arkansas, where Jim Bob and Michelle are raising 19 kids (and hopefully no more), and just west of Monroe, Louisiana, where the Robertsons play whack-a-duck every fall.

I see a few hands raised. Vacationing in Marshall, perhaps? No? Visiting family? No?

Then, I bet you’re patent litigators….

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As we’ve been covering in these pages, the Houston legal market is quite hot. So I’ve decided to pay a visit myself.

On the evening of September 15, I’ll be giving a talk in Houston sponsored by the Houston Urban Debate League (HUDL). In case you’re not familiar with it, HUDL is a non-profit 501(c)(3) organization that’s dedicated to re-introducing academic debate to under-served and at-risk students in Houston area high schools.

You can purchase tickets via the link below. It’s a fundraiser for HUDL, so proceeds will be going to a worthy cause. I look forward to seeing you there!

A Night with David Lat, founder of Above the Law [Houston Urban Debate League]

On Friday, special prosecutor Michael McCrum secured an indictment of Texas Governor Rick Perry. Perry, whose 2012 campaign is the first abortion Republicans have celebrated in years, is accused of coercion and abusing his office when he threatened to, and subsequently did, revoke funding for the Public Integrity Unit. That unit is charged with rooting out government corruption, and Perry took away its budget because the district attorney in charge of the unit — a Texas Democrat — was convicted of drunk driving and wouldn’t step down. Perry thought she should leave her post because she had lost the public trust over her conviction and not at all because she had been investigating possible corruption related to Perry’s signature project, the Cancer Prevention and Research Institute of Texas.

If you don’t think this is shady and improper, you’re a hyperpartisan for Perry. Entirely obliterating the agency charged with protecting citizens from official corruption because you don’t like the person in charge — for whatever reason — smacks of overreach. Imagine Congress and the President zero-funding the Supreme Court because they wanted one justice to resign. It’s just cockroach hunting with a bazooka.

Still, is it criminal as opposed to just shady? That’s a different question. Law professors weigh in….

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* Robert Manfred Jr., formerly a partner of Morgan Lewis & Bockius, is now the commissioner of Major League Baseball, and he beat out another former Biglaw buddy from Kelley Drye & Warren to snag the job. [Am Law Daily]

* “My past is littered with the bones of men who were foolish enough to think I was someone they could sleep on.” Michele Roberts is the first lady to lead the NBAPU, and you don’t want to mess with her. [New York Times]

* In case you haven’t heard by now, Governor Rick Perry was indicted on Friday on felony charges of abusing his power in office. Aww, poor guy. Not for nothing, but we can’t wait to see his mug shot. [New York Times]

* Quinnipiac Law has a new building that cost $50 million, and it’s designed to hold between 400 and 500 students. With only 292 students currently enrolled, that’s a lot of wishful thinking. [New Haven Register]

* “This is a lawsuit against the lawyers for being lawyers, for doing what lawyers do.” It also seems to be a lawsuit that’s allegedly about sex, lies, illegal video tapes… and Waffle House. [Daily Report (reg. req.)]

It’s not every day that a lawyer ad features a caber toss by the attorney. But then again, it’s not everyday you find this kind of lawyer. A Scottish gent who worked for an Australian law firm and practiced in New York before pulling up stakes and moving to Austin, Texas, to start his own firm.

And he has fun with the expectations of firm advertising. For a split second, the ad opens with the dreaded “guy in suit in front of books” before pulling the rug out from under us and taking the audience on a madcap journey of every bit of awesomeness that happens to him while he tries to get through Ronald Dworkin’s Law’s Empire (affiliate link).

Caber toss? Check. Rubik’s Cubes? Check. Bicycle kick goals? Damn right….

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Joe Francis

* The day after the Supreme Court lifted a stay on Joseph Wood’s execution, it took nearly two hours for Arizona authorities to kill him using the very drug cocktail he contested on appeal. [New York Times]

* So long, farewell, auf wiedersehen, adieu: Spencer Barasch, the lawyer at the center of some blowback due to his dealings with Ponzi schemer R. Allen Stanford, is now leaving Andrews Kurth. [Am Law Daily]

* A dead body was found inside of this West Texas law firm, and the man who was pegged as a suspect claimed he lived at the firm, along with his recently deceased friend. This seems sketchy. [KCBD 11]

* Suffolk Law is hosting a contest where students, coders, and entrepreneurs will try to figure out a way to hack the justice gap. Start by creating an app to help new lawyers earn a living wage. [BostInno]

* Donald Sterling isn’t going to let the fact that he’s already involved in one contentious lawsuit about the L.A. Clippers stop him from filing another contentious lawsuit about the L.A. Clippers. [Bloomberg]

* Joe Francis of Girls Gone Wild infamy is in some trouble with the law. He just got hit with a $5,000 per day fine until he returns two luxury cars to the pornography company’s bankruptcy estate. [WSJ Law Blog]

There’s another story today about the soft market for law school applications. According to the National Law Journal, law school applications are down 8 percent this year, and a shocking 37 percent since 2010.

We’ve discussed at length different theories for why this keeps happening.

But one law school is experiencing a boom in applications. It’s a new law school, one that probably shouldn’t exist in the first place. But it is doing one thing right that other law schools still resist: it’s dirt cheap….

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On Tuesday, the U.S. Court of Appeals for the Fifth Circuit released the latest opinion in UT v. Fisher, the ongoing battle over the role of race-based preferences in the University of Texas at Austin’s undergraduate admissions policy. Last year, the U.S. Supreme Court ruled that the Fifth Circuit had failed to apply the proper strict scrutiny standard to its earlier review of UT’s admissions scheme. Justice Anthony Kennedy wrote the court “must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity.” He cautioned that, if a non-race-discriminatory approach could bring about UT’s stated goal of a “critical mass” of campus diversity, “then the university may not consider race.” The Court remanded the case back to the Fifth Circuit. This week, two of the three judges on the Fifth Circuit panel concluded that the use of race was, indeed, necessary.

Judge Emilio Garza’s dissent (beginning on page 44) criticizes the majority opinion for deferring impermissibly to UT’s claims, despite the Supreme Court’s instruction. He writes, “Although the University has articulated its diversity goal as a ‘critical mass,’ surprisingly, it has failed to define this term in any objective manner.” He later writes, “The majority entirely overlooks the University’s failure to define its ‘critical mass’ objective for the purposes of assessing narrow tailoring. This is the crux of this case — absent a meaningful explanation of its desired ends, the University cannot prove narrow tailoring under its strict scrutiny burden.”

How much diversity is a critical mass of diversity? Is this a unit of measure like a team of oxen or a murder of crows? How can a court possibly determine whether a given policy is necessary to achieve critical mass if we don’t know what that is? UT isn’t exactly the International Bureau of Weights and Measures, but a little bit more precision would be helpful.

The concept of critical mass is problematic for many reasons. Its vagueness provides a poor measure for reviewing courts. It packs in several dubious assumptions about the meaning of race. Here’s one more reason why “critical mass” is such a critical mess . . . .

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