War on Terror

* Dewey know which Biglaw firms and ex-partners were sued by the failed firm’s bankruptcy estate? Sadly, they must all be asking, “Howrey going to survive now that Allan Diamond is on the case?” [Am Law Daily]

* You’d probably love to work as an associate on a 9-5 schedule with billable requirements so low you’d get canned anywhere else. There’s just one catch: You’d have a “proportionately lower salary.” [Daily Report]

* “Law professors and law deans are paid too much,” so the ABA is reducing tenure requirements for law school accreditation, which will make it easier for them to be laid off. [Wall Street Journal (sub. req.)]

* The ABA also decided to cut law schools some slack in terms of graduates’ employment data, and it’s likely due to the U.S. News rankings reckoning. Say hello to the 10-months-after graduation jobs statistic. [National Law Journal]

* Following the Windsor ruling, the Social Security Administration is paying claims for married gay couples living in states where same-sex marriage is recognized. As for the rest, better luck next time. [BuzzFeed]

* Would-be senator Cory Booker has taken annual payouts from his former firm, Trenk DiPasquale, since he left. You may remember that firm’s name from the C&D letter seen around the world. [New York Post]

* Author John Grisham was so pissed his books were banned at Guantánamo Bay that he took up the cause of prisoners wrongfully accused, detained for years, and released without apology. [New York Times]

* Almost as if to add insult to injury, Bernie Madoff was allegedly involved in a love triangle with one of his employees who’s about to go to trial. Apparently having dirty money is a desirable trait in a man. [Reuters]

* Amanda Bynes is still in the psych ward on a 5150, and her mother was granted a temporary conservatorship over her cray cray kid’s financial affairs. Way to follow in Britney Spears’s footsteps. [CNN]

The government doesn't seem to have a very good explanation for how it bars people from flying.

* A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

* IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

* The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

* Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

* Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

* It looks like New Jersey may soon be hopping aboard the pro bono work before bar admission train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

* The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

* Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

One retired admiral thinks so, and a new book by a Wall Street Journal reporter provides supporting evidence.

Thank God for public defenders...

You run a major produce company and you look at your books and realize, "Oops, I've accidentally funneled millions of dollars to terrorist groups." What can you do when you get sued? Don't turn to your insurance carrier....

* “Given health care, I don’t care if he speaks in tongues.” Chief Justice John Roberts botched Barack Obama’s presidential oath at his first inauguration, but this time he managed to get it right. [New York Times]

* What was more important to Justice Sonia Sotomayor than swearing in Joe Biden as VP at noon on Sunday? Signing books at Barnes & Noble in New York City. Not-so wise Latina. [Los Angeles Times]

* D.C. Biglaw firms — like Holland & Knight, Covington, K&L Gates, and Jones Day — allowed others to bask in their prestige at their swanky inauguration parties. [Capital Business / Washington Post]

* It’s been 40 years since SCOTUS made its ruling in Roe v. Wade, and this is what we’ve got to show for it: a deep moral divide over women being able to do what they want with their own bodies. [Huffington Post]

* The latest weapon in the fight against terrorism is the legal system. The Second Circuit recently issued a major blow to those seeking to finance militant attacks in secret. [Thomson Reuters News & Insight]

* “Firms don’t just hire a body anymore.” The 2012 BLS jobs data is in, and if you thought employment in the legal sector was going to magically bounce back to pre-recession levels, you were delusional. [Am Law Daily]

* Three months have come and gone since Hurricane Sandy rocked law firm life as we know it in Manhattan, but firms like Fragomen and Gordon & Rees are still stuck in temporary offices. [New York Law Journal]

* This seems like it may be too good to be true, but it looks like New York’s chief judge may be on board to grant law students bar eligibility after the completion of only two years of law school. [National Law Journal]

* Law professors may soon be in for a nasty surprise when it comes to their salaries if their schools follow Vermont Law’s lead and remove them as salaried employees, paying only on a part-time basis. [Valley News]

* Resorting to a life of crime in order to pay off your law school debt is never a good thing — unless you’re doing it while waring a Bucky Badger hat. We’ll probably have more on this later. [Wisconsin State Journal]

We enter another holiday season under the yoke of our transportation overlords...

Is peeing on somebody's dead body a war crime? The video of those American Marines urinating on dead Afghan bodies is so disturbing that it somehow demands a legal response. Aside from whatever punishment the United States Marine Corps wants to impose on these guys, there isn't a whole lot the international community can do to punish them. Unless we want to call urinating on somebody a "war crime." But is punishing some jackasses worth diluting the term?

When you stop smoking, the cigarettes don’t get together to figure out how to kill you anyway. — Benjamin Wittes, on a panel at the National Lawyers Convention of the Federalist Society, responding to the observation that smoking and traffic accidents cause more deaths in a year than 9/11. (Julian Sanchez discusses what the web […]

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), we’ll be on a reduced publication schedule today. We’ll be back in full force tomorrow. * If you are curious about that legal memo justifying the killing of Anwar al-Awlaki, Charlie Savage describes its contents in this very interesting NYT piece. [New York Times] * […]

Many of you have been following the story of Anwar al-Awlaki. He's the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama's authority to assassinate an American without due process of the law. Today's news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won't get to see it. That's because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now....

This weekend, we (and every other media outlet) ran our solemn 9/11 remembrance post. In any event, yesterday was the predictable day where the media took a closer look at the aftermath of 9/11. And by "closer look," we mean "report on everything that's gone horribly wrong since 9/11." Elie Mystal has got a really heartwarming story from a law firm that he wants to share before he "takes a closer look" at the week after 9/11....

Today marks the tenth anniversary of the September 11 attacks. Throughout today, people have been looking back and reflecting on the tragic events of 9/11, as well as remembering and praying for the thousands who perished on that day. Scanning the Twitter and Facebook feeds of my friends, I’ve seen competing impulses. Most people’s posts […]

The [Ninth Circuit] seems to have cherry-picked the aspects of our opinions that gave colorable support to the proposition that the un-constitutionality of the action here was clearly established. Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about open legal questions. When properly applied, it protects ‘all but the plainly […]

I have not the slightest doubt that it was entirely appropriate for U.S. forces to [take out Osama bin Laden]…. I must say I was proud of the SEALs. — Justice John Paul Stevens, in remarks made yesterday at a dinner in Chicago. (Recall that Justice Stevens served in the Navy during World War II.)

Everybody has an opinion on whether or not the Obama administration should release kill shots of Osama bin Laden. It’s a tough question. And there are intelligent ways to disagree with the president’s opinion (see Jon Stewart’s impassioned plea). Or you could just call the president a pussy accuse the president of “pussyfooting” on Twitter, […]

* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution] * Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are […]

Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in […]

As you might have heard, United States special forces killed Osama Bin Laden. Let’s take a moment to be happy about that, but also to remember Bin Laden’s many, many victims. Thank God he was killed, not “captured.” If he had been captured, there would have been some kind of trial. Some kind of fake, […]