Texas

I don’t think the bar exam should be easy. When you look at the proliferation of law schools and how easy it is to get into law school, I think that the bar exams become the limiting factor of last resort.

Don’t get me wrong, it’s a shame that the bar doesn’t test skills that lawyers actually need to serve clients. It’s a shame that the bar is basically reduced to a test of memorization, information ordering, and most importantly, reading comprehension. The bar is just a barrier to entry, not a true licensing test.

But when you have a record number of people taking the damn thing in February in New York, right in the middle of a market that doesn’t have enough job for lawyers, I don’t really have a problem if half of those people are broken by two days of the New York bar.

So it’s not going to come as a surprise that I’m glad New York is New York and not Texas….

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Should the parties choose to string this case out to trial on the merits, the Court encourages reasonable discovery intercourse as they navigate the peaks and valleys of litigation, perhaps to reach a happy ending.

– Chief Judge Fred Biery of the Western District of Texas, denying a preliminary injunction sought by strip club owners in San Antonio who are challenging city regulations that would require bikini tops instead of pasties to avoid stringent licensing requirements.

(The Chief Judge produced over seven pages of genius double entendre. Check out the full opinion, which he entitled “THE CASE OF THE ITSY BITSY TEENY WEENY BIKINI TOP V. THE (MORE) ITSY BITSY TEENY WEENY PASTIE,” after the jump….)

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We’ve received a spate of tips about judges losing their cool lately. Obviously most of them aren’t going around on killing sprees — or maybe they are — but several have plopped themselves into hot water in other ways.

Some argue that judges are overworked, underpaid, and fed up with disrespectful pro se litigants. Maybe, but how does that explain the Vegas judge we recently flagged in Non-Sequiturs for putting a litigant in jail for saying “thank you”? A litigant can’t get much more respectful.

For the judges we’ll profile here, the real culprit might be a potent cocktail of insecurity and a view of the law as their personal plaything….

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Morning Docket: 04.24.13

* The DOJ is seeking treble damages against Lance Armstrong over his USPS sponsorship funds, alleging the athlete was “unjustly enriched.” This lawsuit is clearly on steroids; the bike dude’s got an eye for that sort of thing. [NBC News]

* Dewey know how much Steven Davis had to fork over to the firm’s estate to settle its mismanagement claims against him? It’s pocket change compared to what some former partners had to pay into the partner contribution plan. [Am Law Daily]

* “Golden handcuffs,” law school style: the Texas attorney general’s office is looking into the UT Law School Foundation. Apparently giving out forgivable loans to law profs like candy is a big no-no. [Austin Business Journal]

* Duncan Law hopes to get ABA accreditation through its conflict resolution center, which will “attract more students.” Yep, because more students equals more job opportunities. [Knoxville New Sentinel]

* The accused ricin guy might’ve been a whackjob, but the charges were dropped. His lawyer believes he was framed by a guy who was recently arrested on child molestation charges. Cray! [Bloomberg]

* Edward de Grazia, defender of sexually explicit novels in Jacobellis v. Ohio, RIP. [New York Times]

Legally Blonde is a movie that inspired many a ditzy sorority girl to apply to law school — obviously the appeal of wearing a pink power suit to court was just too great for them to resist. Let’s face it: whether you like it or not, Elle Woods has become an icon of sorts for a generation of women who never realized that they could be smart and pretty at the same time. For that reason (among many others), she was able to make it to the Final Four of our Fictional Lawyer Madness competition.

Is all people see when they look at you blonde hair and big boobs? Then it’s highly likely that you, too, can get into Harvard Law on a whim! What, like it’s hard?

Unfortunately, there are some legal issues that not even women like Elle Woods can talk themselves out of, and we’ve got a potpourri of disorderly conduct allegations for you to feast your eyes upon….

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* Fast moving developments in the Boston case. The FBI wanted your help finding these guys. Now it says one is already dead and the other is on the run. [New York Times]

* Wow. The accused ricin mailer is messed up. [Washington Post]

* Lawyer turns down an $8M settlement and wins $130M. If you believe the New York Post. And you shouldn’t. [New York Post]

* Morgan Stanley is boring. [Dealbreaker]

* Remember our ally Musharraf? He’s in jail. [Los Angeles Times]

* Sorry wife, former Justice of the Peace charged with TOTALLY violating the peace. [CNN]

* “[T]hese senators decided to do nothing. Shame on them” Yesterday, the Senate blocked gun-control legislation that could have saved lives, and Gabrielle Giffords, a victim of gun violence, wrote a powerful op-ed in reaction. [New York Times]

* DLA Piper won’t be churning that bill anymore because the firm managed to settle its fee dispute with Adam Victor, but it’s certain that the firm’s embarrassment over the overbilling incident will know no limits. [DealBook / New York Times]

* Ahh, best-laid plans: Kim Koopersmith, the first woman to serve as Akin Gump’s chair, never thought that she’d be working in a law firm. In law school, she wanted to work in public interest. [Bloomberg]

* You’ll never guess which firm has the best brand in Canada according to the latest Acritas survey, but that’s probably because you don’t care. Come on, it’s Canada. Fine, it’s Norton Rose. [Am Law Daily]

* Oopsie! Burford Capital claims that it would never have funded plaintiffs’ representation by Patton Boggs in the Chevron case if it weren’t for a partner’s “false and misleading” statements. [CNN Money]

* The wife of a former justice of the peace has been charged with capital murder after she confessed to her involvement in the slayings of Texas prosecutors Mike McLelland and Mark Hasse. [Reuters]

* Baltimore Law has a beautiful new building that cost $112 million. Just a thought: perhaps more of that money should’ve been spent putting the class of 2012 to work as lawyers. [National Law Journal]

Non-Sequiturs: 04.15.13

* Thoughts go out to all those in Boston. [CNN]

* I hope you’ve all got your taxes finished. Here’s a fun fact: most tax cheats live in the South and the West. The two areas of the country filled with people who think taxes are evil cheat more? Go figure. [NBC News]

* Remember, it’s not polite to say “thank you.” [Las Vegas Law Blog]

* And now the rare, “self-benchslap.” [Associated Press]

* A detailed look at how the Federalist Society became so powerful in American law schools. Unfortunately, it neglects the “they tend to order better pizzas for their events” gambit. [Chronicle of Higher Education]

* Remember the new, depressing, public domain Happy Birthday song? The sponsor of that contest, WFMU, is at it again with a new contest to create modern, entertaining covers of public domain ditties. Despite my ragging on the birthday song, this is a pretty cool idea. [Free Music Archive]

* Are you a young lawyer complaining about your lot in life? You’re at this site, so statistically you are. Well, quit your bitchin’! [Associate's Mind]

* The Texas Supreme Court does not value emotional attachments to dogs. This is surprising because I can think of at least 10 country songs on this very point. [Law and More]

* Mocking law school couples with a GIF from Veep? Get out of my head, UChiLawGo! [UChiLawGo]

* Boob-induced failure. [Legal Juice]

‘Alone? With a man? Oh my, I just couldn’t!’

When it comes to equal opportunities in the workplace, women working in law firms have an especially raw deal. In most cases, men are the top earners, and they’re given more chances to bring in business than their female counterparts. Some claim that male lawyers have even gone so far as to purposely exclude women from client pitches and after-work bonding activities.

These observations aren’t new; women have been getting the shaft for decades in the good ol’ boys’ club we call the practice of law. But one law firm allegedly went a step further to shut out its female employees.

Deep in the heart of Texas, a female partner claims that men and women at her firm weren’t even allowed to work in the same room alone together with the door closed….

UPDATE (4/12/2013, 5:00 p.m.): Now with a statement from the firm, posted after the jump.

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Mike McLelland Kaufman County District Attorney Mike McLelland

In an age of highly sophisticated criminal investigation techniques, showcased in CSI and similar shows, it would appear to be increasingly difficult to commit a murder and get away with it. This would be especially true for murders targeting people who work in law enforcement — individuals who know a lot about crime and who often take measures to protect themselves.

This is one of the reasons why the killing of Kaufman County District Attorney Mike McLelland and and his wife Cynthia, which we noted in Morning Docket, is so shocking and so chilling. But there are others….

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