It is difficult to know what to make of this rare display of what at first glance appears to be integrity from a Republican senator not previously known for such things.
'[A] long habit of not thinking a thing WRONG, gives it a superficial appearance of being RIGHT.' -- Thomas Paine, Common Sense
Corporate investment and usage in generative AI technologies continues to accelerate. This article offers eight specific tips to consider when creating an AI usage policy.
Campaign finance, super PACs, and independent expenditures are hot topics any year -- especially one with a hotly contested election...
Citizens United, man.
Y'all need to stop putting all your eggs in the Supreme Court's basket.
* Ted Cruz may not like dildos, but he doesn't seem to mind legal weed. Earlier this week, the Republican presidential candidate said that while he opposes federal legalization of cannabis, states should be free to experiment because the Constitution allows for it. Colorado's legalization of recreational marijuana is safe and sound, for now. [Denver Post] * "It was a very pleasant meeting, but it has changed nothing." Senate Republicans may want nothing to do with confirming D.C. Circuit Chief Judge Merrick Garland to the Supreme Court, but they've sure been taking their sweet time telling him "no" during their courtesy meetings with him. Some of these seemingly pointless meetings have gone on for more than an hour. [New York Times] * Chief Judge Garland may be wasting his time with these lengthy meetings, though, because if the jurist isn't confirmed before the upcoming presidential election, Senator Bernie Sanders said during last night's Democratic debate that if he wins, he'd ask President Obama to withdraw his nomination, as he doesn't think that Garland would pass his progressive litmus test on Citizens United. Are you still feeling the Bern? [TIME] * Lawmakers in several states have passed bathroom bills that enable bigotry in the name of protecting religious rights, but what you may not have known is that there is one lawyer behind them all. Mathew Staver of Liberty Counsel -- who was recently in the news for representing Kentucky clerk Kim Davis -- says he's doing it to push back against the Supreme Court's Obergefell ruling legalizing same-sex marriage. [CBS News] * Professor Richard Sander of UCLA School of Law, whose claim to academic fame is his "mismatch" theory of affirmative action, has been trying to get more than 30 years' worth of data from the State Bar of California for quite some time in an effort to continue his research into the "large and persistent gap in bar passage rates among racial and ethnic groups," and now he's finally going to get his day in court. [WSJ Law Blog] * David Gherity, a former Minnesota lawyer who was falsely accused of setting his girlfriend on fire using accelerants like alcohol, lotion, hair spray, and fingernail polish remover, has filed a civil rights suit against the police and prosecutors who kept him in jail for about two months. Gherity, who was suspended from practice in 2004, alleges a violation of the "protected interest in his good name." [Twin Cities Pioneer Press]
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* The deal to combine drug giants Allergan and Pfizer in an inversion was called off after the US Treasury announced new rules to limit the tax benefits of moving the corporate headquarters overseas. [Quartz] * Should the IRS be going after the Pittsburgh Penguins for letting Sidney Crosby live in the owner's house? [Bloomberg / BNA] * Pretty sure Vivia Chen has covered all the options in her latest article exploring the benefits of having women leaders at law firms. [Careerist] * Corporations may be taking an active role in opposing the recent spate of anti-LGBTQ legislation, but that still doesn't make them people. [Reuters] * "Jackie" from the Rolling Stone UVA rape article, which is now the subject of litigation, will have to testify in the pending action, despite her lawyer's claim that revisiting the incident would be traumatizing. [Gawker] * Is the Bible about to become the official state symbol of Tennessee? [NPR] * Claiming to be a sovereign citizen is silly, and it certainly won't insulate you from charges of chid sex abuse and kidnapping. [Jezebel]
* The Supreme Court may undo President Obama's legacy... of executive actions. [Talking Points Memo] * Speaking of United States v. Texas, it just may be Chief Justice John Roberts's worst nightmare. [Slate] * Today is a special anniversary: six years, the Supreme Court issued its Citizens United decision, and democracy hasn't looked the same since. [Huffington Post] * Interesting data analysis from Professor Derek T. Muller: as full-time law faculty numbers shrink, law school administrator numbers grow. [Excess of Democracy] * Benghazi is getting a Michael Bay movie -- and the congressional hearing is still raging on. [Rolling Stone] * Attorneys for Daniel Holtzclaw, the Oklahoma City police officer convicted of raping eight women while on duty, have filed a motion seeking a new trial; they suspect discovery shenanigans on the part of the prosecution. [Gawker] * Nope. Hillary Clinton may not be a radical, but she also isn't a moderate Republican. [Lawyers, Guns and Money] * Seven legal tech considerations for 2016, from lawyer and legal-tech enthusiast Steven J. Best. [Legal Tech Blog]
* If you're searching for a city where women lawyers elbow out men when it comes to leadership positions, then Chicago may be the place for you. Eight women serve as office managing partners there, more than any other city. [Big Law Business / Bloomberg] * Conservative advocacy group Citizens United is back in the news, but this time it's in search of correspondence between Chelsea Clinton and State Department officials during her mother Hillary Clinton's time as Secretary of State. [WSJ Law Blog] * Sometimes all it takes is a Tweet: After being referred to as a "slave" by a law firm partner, this African-American woman took to Twitter to vent about needing to start her own law firm, and she ended up meeting her new law firm partners as a result. [ELLE] * A widow of an American who was killed during a terror attack in Jordan is suing Twitter because she claims the social networking site has given ISIS "unfettered" means to spread its hateful messages in violation of the Anti-Terrorism Act. Retweet? [Reuters] * “18 year olds have nearly every burden and privilege of adults… except the right to drink alcohol." That's why three states -- New Hampshire, California, and Minnesota -- may soon lower their legal drinking ages, through legislation or ballot initiatives. [MTV]
Ed. note: Happy Holidays! Above the Law will be dark tomorrow, Christmas Day. We'll be back on Monday, December 28. * Kentucky Governor Matt Bevin may be newly elected, but that hasn't stopped him from reneging on campaign promises. [Wonkette] * Here's a fun hot take -- Citizens United is to blame for Donald Trump's rise, because he refuses to use Super PACs. Yeah, it's pretty convoluted, but maybe this will convince... anyone on the right to do anything about campaign finance reform. [Huffington Post] * Krampus violates the 8th Amendment and other constitutional ruminations on Saint Nicholas's evil twin. [The Legal Geeks] * This markup is what happens when lawyers get ahold of a Christmas carol. We should all be ashamed. [Legal Cheek] * A bill that would prevent people from buying a gun while going through a divorce... yeah, that could be useful. [Slate] * A New Zealand court ruled Kim Dotcom can be extradited back to the United States. [Wall Street Journal] * If you have to send a work email on Christmas Day and you sign off this way, you are probably an asshole. [Daily Lawyer Tips] * There are a bunch of theories to explain why crime rates have dropped over the last 25 years. [Vox] * The ultimate California bar exam breakdown. [Bar Exam Stats]
These tools demonstrate that information is power.
* Today's the first Monday in October, and we all know what that means. The Supreme Court starts its Term as disapproval of its work reaches a new high for recent years. [Gallup via How Appealing] * And here's Adam Liptak's excellent overview of the new Supreme Court Term, so you can sound smart at cocktail parties this month. [New York Times] * In other SCOTUS news, Senator Bob Menendez is fighting the bribery charges against him by relying upon a high court decision he once condemned -- can you guess which one? [The Record How Appealing] * Which presidential candidates get the most in campaign contributions from Silicon Valley lawyers? The second-place finisher might surprise you. [The Recorder] * Elsewhere in presidential politics, Hillary Clinton will announce new gun-control proposals later today. [New York Times] * Don't rush off to law school just yet, but the legal sector did gain a few thousand jobs last month, layoffs notwithstanding. [American Lawyer] * Dewey have any idea of when this jury will reach a verdict? [Law360] * Super-mediator Kenneth Feinberg's latest challenge: pension reform. [National Law Journal]
* With the Dewey trial wrapping up, a look back at the history of firm honchos earning jail time. [Law360] * Slick video explaining the everything wrong the way law schools market themselves to students. [Business Insider] * K&L Gates loses more partners. This time McDermott picks up the spoils. But don't cry for K&L, they nabbed a huge get off Paul Hastings. [Big Law Business / Bloomberg BNA] * Remember when Sony got hacked? It unveiled some fun stuff, like how the new movie Concussion changed its plot around to avoid offending the NFL. [ABA Journal] * As college football prepares to kick off tonight, Baylor has hired Pepper Hamilton to look into how the school handles sexual violence allegations in light of the rape conviction of former player Sam Ukwuachu. [Dallas Morning News] * Here's one of the dumbest arguments ever: Larry Lessig is liberal. About 47 years ago, unchecked campaign spending marginally helped a liberal (he did ultimately lose the nomination... and Nixon became president). Therefore, Larry Lessig shouldn't be against money in politics. Signed, the former Executive Director of the Club for Growth. [The Daily Caller] * Meanwhile, the GOP runs into the downside of Citizens United: arming a terrible candidate with so much money he won't drop out. [Slate]
It seems a Harvard law professor may have designs to move out of Areeda Hall... and into the White House.
* With the accusations mounting, and the stunning New York Magazine cover feature 35 women alleging Bill Cosby sexually assaulted them, the comedian's legal team is changing tactics. [CNN] * Does ideology play a role in conferring honorary degrees? One conservative law professor says yes. [National Law Journal] * Ever wonder why there are so many iconic movie roles that are lawyers? [ABA Journal] * Citizens United actually loses a legal battle, this time courtesy of New York's own Amazing Schneiderman. [Wall Street Journal] * Need more evidence that campaign finance laws are a joke? [Huffington Post] * China's first lawsuit over pollution is a go. [Jurist] * What will the long term impact be of legally classifying Uber drivers as employees? [Law.com]
Justice Alito just hasn't changed on Citizens United.