Gay Marriage

Morning Docket: 08.07.13

* The speed (or lack thereof) of justice: The DOJ filed suit against Bank of America, alleging that the bank defrauded mortgage-backed securities investors in 2008. [DealBook / New York Times] * Sri Srinivasan, the newest member of the D.C. Circuit’s bench, is getting ready to hear his first arguments, while litigants try to commit the spelling of his last name to memory. [Legal Times] * The LSAT is not to blame for the dearth of minority enrollment in law schools, said a UVA Law professor, and then a Cooley Law professor had to swoop in to slap him down. [National Law Journal] * After teaming up with Touro, the University of Central Florida is working with Barry on an accelerated degree program. The dean of FAMU is upset. Don’t worry, you’ll get your turn, too. [Orlando Sentinel] * New Jersey is in no rush to legalize gay marriage. To support their views, officials point out that people with civil unions are just like married couples — except for the married part. [New Jersey Law Journal] * Meanwhile, a judge in Illinois will decide whether she’ll dismiss a challenge to the state’s gay marriage ban by the end of September. In her defense, early fall is a great time for a wedding. [Daily Herald] * Belvin Perry, the judge who presided over the Casey Anthony murder trial, may be getting his own Judge Judy-esque television show. Oh, Flori-duh, you never, ever cease to entertain us. [MSN News]

Morning Docket: 07.31.13

* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal] * The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times] * The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily] * Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME] * The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel] * Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

Morning Docket: 07.30.13

* The number of women arguing before the Supreme Court is still small, but most of its appellate practitioners follow sage advice like this: “Clerk, work, and don’t be a jerk.” [National Law Journal] * If you were curious about whether gays and lesbians could be excluded from juries on the basis of their sexual orientation, the Ninth Circuit is about to lay down the law. [New York Times] * Now that the Supreme Court has ruled in Windsor, Cozen O’Connor will be forced to give a deceased partner’s profit-sharing benefits to her wife, and not her parents. [Legal Intelligencer] * Who are Biglaw’s top innovators of the last 50 years? There are many familiar names, but one of them is near and dear to our own hearts at Above the Law: It’s our managing editor, David Lat. Congratulations! [Am Law Daily] * If you’re making a career change to go to law school, you should think about why the the hell you’d do such a thing right now — or try to leverage it in applications. [Law Admissions Lowdown / U.S. News] * In a surprise move, Wendi Murdoch, better known as Rupert Murdoch’s soon-to-be ex-wife, has hired William Zabel to represent her in the divorce. This is going to get very, very messy. [New York Times] * “Why you mad, bro?” Brian Zulberti, the man with the muscles, is trying to make the most of his 15 minutes of fame. He’s lined up several job interviews, so wish him good luck. [Delaware News Journal]

Non-Sequiturs: 07.23.13

* The D.C. Circuit has banned the import of Sodium Thiopental, putting a crimp in the plans of any state looking to administer lethal injections. This is where Delaware has it right… no one is going to outlaw rope. [The Volokh Conspiracy] * Steve Cohen didn’t read 89 percent of his emails. In his defense, “I think I’m guilty of insider trading” and “I am a Nigerian Prince” are probably both getting caught by the spam filter. [DealBreaker] * Sequestration has put the pinch on the rights of indigent federal defendants to receive legal representation. But at least our airlines are shielded from hardship. [PrawfsBlawg] * “Just as Justice Scalia predicted in his animated dissent, by virtue of the present lawsuit, “the state-law shoe” has now dropped in Ohio.” [USA Today] * Wire Lawyer is running a competition among law school alumni to see which schools are the most technologically progressive. What do you know, people from Seattle and California are winning a technology competition. [Wire Lawyer] * Hall of Famers Art Monk and Darrell Green have joined the movement to get Washington to stop using the ‘Redskins’ name. [ESPN] * Bloomberg takes a look at the legal controversy brewing around unpaid internships. Video after the jump… [Bloomberg Law via YouTube]

After Perry & Windsor: A Conversation About The Supreme Court’s Rulings

Three distinguished commentators -- Bill Eskridge, Linda Greenhouse, and Evan Wolfson -- discuss the Supreme Court's recent rulings on marriage equality.

Morning Docket: 07.23.13

* Supreme Court justices employ more strident language in dissents. We didn’t really need a study to prove that justices get salty when they lose. We could just watch Scalia invoke Godwin’s Law. [Washington Post] * Last year, Ryan Braun, proclaiming innocence, successfully appealed his suspension for steroid use. Right now Braun’s appeal seems a bit disingenuous. [Sports Illustrated] * Bipolar man who pretended to be a lawyer sentenced to three years. How will he pay off his fake law school debt? [New York Post] * U.S. District Judge Daniel Hovland has enjoined North Dakota’s new abortion law. Turns out it wasn’t viable. [USA Today] * In the wake of Hollingsworth, Modern Family star Jesse Tyler Ferguson forged his own modern family when he married lawyer Justin Mikita over the weekend. [Los Angeles Times] * Rachel Jeantel, the controversial prosecution witness from the George Zimmerman trial, says the experience has inspired her to become a lawyer. That’s an unfortunate lesson to take from the trial. [Newsone] * The most interesting thing about the decline of Biglaw is how long a completely nonsensical business model persisted. [Slate]

Queen Celebrates Marriage Equality With Tea And Crumpets

Which country will be the next to legalize gay marriage?

Morning Docket: 07.15.13

* Size matters when it comes to hourly rates. Because when you work in Biglaw, it’ll be all the more odious for your poor clients when you “churn that bill, baby.” [Corporate Counsel] * Would you want this Cadwalader cad, a former mail room supervisor, at your “erotic disposal”? The object of his affections didn’t want him either, and she’s suing. [New York Daily News] * In the wake of the George Zimmerman verdict, the NAACP is pressing for federal charges and a civil suit may be in the works. This trial isn’t over in the court of public opinion. [Bloomberg] * This experience inspired George Zimmerman, fresh off his acquittal, to go to law school to help the wrongfully accused. If it makes you feel better, when he graduates, he’ll be unemployed. [Reuters] * Here’s the lesson learned by Prop 8 proponents: If at first you don’t succeed at the Supreme Court, try, try again at the state level and base your arguments on technicalities. [Los Angeles Times] * You do not want this patent troll — one of the most notorious in the country — to “go thug” on you. Apparently this is just another danger of alleged infringement in the modern world. [New York Times] * Asiana Airlines is considering suing the NTSB and a California television station over the airing of “inaccurate and offensive” information (read: wildly racist) about the pilots of Flight 214. [CNN] * Ariel Castro was slapped with an additional 648 counts in the kidnapping case against him, bringing the total to 977. Prosecutors are not yet seeking the death penalty. [Cleveland Plain Dealer]

Morning Docket: 07.12.13

* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR] * The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog] * The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily] * Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal] * Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times] * With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]

Morning Docket: 07.10.13

* “Can you imagine if a law firm had a breach? We wouldn’t work with them again.” In-house counsel are pissed that outside counsel CHECK THEY EMAILS on cellphones. [Am Law Daily] * Matt Kluger’s 12-year insider trading sentence was upheld by the Third Circuit. All of the Biglaw firms he’s worked at, most recently Wilson Sonsini, must be so proud. [WSJ Law Blog (sub. req.)] * Shots fired: a tax law professor decimates Seton Hall in prose over its decision to possibly kick untenured junior professors to the curb due to budget considerations. [DealBook / New York Times] * Do yourselves a favor, and don’t worry about how to “demystify the LSAT experimental section” during the test — unless you want a crappy score. [Law Admissions Lowdown / U.S. News & World Report] * Pass the ammunition? After facing a court-mandated deadline from the Seventh Circuit, Illinois is now the last state in the country to have legalized the concealed carrying of firearms. [Chicago Tribune] * Now that SCOTUS has punted on the question of gay marriage, other plaintiffs are stepping forward to sue for the right to wed. Next up, a challenge to Pennsylvania’s ban on equality. [Legal Intelligencer] * James “Whitey” Bulger let f-bombs fly across the courtroom during his trial yesterday when his former partner took the stand to testify against the mob boss. Once a Masshole, always a Masshole. [CNN]

Morning Docket: 07.03.13

* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times] * Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times] * Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal] * If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report] * “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel] * Lawyerly lothario Zenas Zelotes has been suspended from practicing law for five months. He should take his own advice, find an ethics attorney, and make her his girlfriend. [Connecticut Law Journal] * When you’re arguing about a video game — online or anywhere — you should probably leave talk of murdering children out of the conversation. You could wind up in jail for months like this guy. [CNN] * John Tiley, one of the United Kingdom’s most preeminent tax law professors, RIP. [The Telegraph]

SCOTUS on Parade: A Legally Themed Pride Slideshow

How many parades feature Supreme Court litigants and signs about federal statutes? Some photos from yesterday's Pride March in NYC.

Non-Sequiturs: 07.1.13

* J. Lo has apologized for singing Happy Birthday to a repressive dictator. Many are questioning the decision to serenade an alleged violator of international human rights law, but I’m just confused why J. Lo didn’t opt for the new, copyright-free birthday song? But people are being way too tough on the President of Turkmenistan. Don’t be fooled by the rocks that he got, he’s still Gurbanguly from the block. [Breaking Energy] * NYU Law Professor Barry Friedman and Dahlia Lithwick wonder if the progressives have another liberal agenda item to push after marriage equality. The authors cite issues like voting rights and opposition to the death penalty as traditionally liberal causes marginalized by progressives. It strikes me this article makes a lot more sense if you replace the word “progressive” with “Justice Kennedy.” [Slate] * DLA Piper’s decision to hire Lee Smolen has raised more than a few eyebrows given the firm’s commitment to ethical billing policies. [Hellerman Baretz] * Did the ABA just recommend an ethical violation? [New York Personal Injury Attorney Blog] * After a week of landmark rulings and Biglaw layoffs, the importance of clerking cannot be understated. [Judicial Clerk Review] * The Supreme Court Term feels like a distant memory, but now’s a good time to look back on it with added perspective. Courtesy of MoloLamken, here’s a great guide to the big business cases of the Supreme Court Term just ended. Download or print it, then read it at your leisure. [MoloLamken] * An attorney left the rat race to open a pea company. But these don’t look like the peas you tried to hide under your mashed potatoes, they look like serious snack food. [Kickstarter]

Morning Docket: 07.01.13

* Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times] * The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press] * Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times] * In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times] * On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR] * Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR] * Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post] * Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post] * Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times] * Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

Supreme Court Clerk Hiring Watch: That’s So Gay

Can you imagine knowing the outcome of Supreme Court decisions before their public announcement? These people will get that privilege.