
DOJ Scales Back On Transgender Defense, In Sign Of Things To Come
There is clearly tension in the Trump administration over LGBTQ rights.
There is clearly tension in the Trump administration over LGBTQ rights.
Yay! Good news!
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Same-sex couples must be treated the same under the law as heterosexual couples -- which Arkansas doesn't seem to get.
It's hard out here for an employment lawyer.
* Does the future of transgender rights go through the Supreme Court? [Constitution Daily] * There's been a lot of chatter about it, but what do the rules say about the scenario of Donald Trump dropping out of the presidential race? [WSJ Law Blog] * The Olympics is great fun for nationalism, but there is a dark side behind it, as Professor Ilya Somin explains. Here is one idea to do away with that. [Volokh Conspiracy] * The latest on what went on behind closed doors at Fox during Roger Ailes's reign. [Law and More] * In-house lawyer Suleen Lee, general counsel to The Barre Code, gives new meaning to "character and fitness." [Chicago Lawyer] * Law professors in defense of the working legal standard in campus rape cases. [Huffington Post] * Shearman & Sterling partner Richard Hsu interviews leading legal journalist Jeffrey Toobin, author of the new book American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst (affiliate link). [Hsu Untied] * And Randy Maniloff of Coverage Opinions interviews legendary law professor Arthur Miller. [Law.com] * Congrats to Orrick's D.C. associates on more than doubling their contribution to Legal Aid's Generous Associates Campaign this year! [Orrick]
Breyer is in his “Amazing Spider Boy” phase, before he gets Uncle Ben killed.
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* A deep dive into Justice Thomas's dissents this term. [Empirical SCOTUS] * Without Justice Scalia, Supreme Court outcomes are a lot more difficult to predict. [The Guardian] * A definitive list of portmanteaus for countries thinking of leaving the EU. Portugo. Beljump. Czech-Off. I love these. [Quartz] * Federal court orders preliminary injunction in favor of transgender bathroom rights. [Buzzfeed] * What goes into making a Biglaw brand? [Law and More] * Kicking your procrastination habit and becoming a productive law student. [Law School Toolbox] * A "frustrating" and "heartbreaking" decision: U.S. v. Texas. [Friend of the Immigrant] * Latham partner, Abid Qureshi, is being vetted for a seat on the D.C. district court. [Law.com] * David Lat's take on surviving in the digital age. [Infinite Spada]
* The Justice Department is seeking a stay of Judge Andrew Hanen's benchslap and order of ethics training while it appeals the ruling -- a ruling the DOJ says could cost approximately $5 million to $8 million to comply with. [Texas Lawyer] * Cheryl D. Mills, chief of staff to Hillary Clinton at the State Department, wishes that the issue of Clinton's private email server "had been something we thought about." [New York Times] * Jim Lewis, counsel to Sigfredo Garcia, the man charged last week with the murder of Professor Dan Markel, maintains that Garcia had "had nothing to do with" the crime. [Tallahassee Democrat] * Former attorney general Eric Holder says NSA whistleblower Edward Snowden performed a "public service" by sparking a debate over government surveillance -- but still must pay a price for his illegal actions. [CNN] * The Fourth Circuit holds that the police don't need a warrant to obtain a person's cellphone location data. [How Appealing] * In other Fourth Circuit news, the court won't go en banc to rehear its prior ruling in favor of the Obama Administration's policy that transgender students are protected under existing civil rights law (aka the "transgender bathroom case"). [BuzzFeed via How Appealing] * Those unsealed Trump University documents we mentioned yesterday? They don't put the Donald in the best light. [New York Times] * And Donald Trump isn't getting much financial love from the legal community, as measured by campaign contributions (c'mon, Jones Day lawyers, help your client out). [American Lawyer] * Judge Joseph Portelli of New Jersey, recently reprimanded for alleged inappropriate comments to counsel, gets renominated to the bench. [ABA Journal] * Legal Eagle Wedding Watch: congratulations and best wishes to acclaimed novelist (and Dentons partner) Scott Turow and fellow lawyer Adriane Glazier -- who first met when he interviewed her years ago for a summer associate gig. [New York Times]
Should a person’s legal gender really flip when they cross state or county lines?
* ASS Law is back in the news: Earlier this week, professors on the George Mason University Faculty Senate voted 21-13 to reopen the naming process on the already twice-renamed Antonin Scalia Law School. These professors must know that their actions have no impact on the administration's decisions... right? [BuzzFeed News] * Thanks to allegations of sexual harassment brought forward by courthouse personnel, Judge José A. Fusté of the District of Puerto Rico was allegedly forced by the First Circuit to "retire" from his position, effective June 1. If you're unable to read in Spanish, Google Translate has a version in broken English that may be slightly helpful. [El Nuevo Día] * Attention intellectual property attorneys, because your practice area just got a little more exciting. The Defend Trade Secrets Act passed in the House yesterday by a vote of 410-2, and that means the “most significant expansion of federal law in intellectual property since the Lanham Act in 1946” will likely soon become law. [WSJ Law Blog] * "Transitioning at a Biglaw firm, are you crazy?" Not only is it possible to transition in Biglaw, but it's possible to thrive as a transgender woman in Biglaw, and Sara Schnorr of Locke Lord had the full support of her firm. In fact, she was recently appointed to the Massachusetts Commission on the Status of Women. Congrats! [Big Law Business] * "Is nonlawyer ownership of law firms long overdue? Or a bad idea?" The U.K. and Australia are already doing it, and now the ABA Commission on the Future of Legal Services is seeking comments for an issues paper on the risks and benefits of nonlawyer law firm ownership. Email us or tweet us and let us know what you think. [ABA Journal]
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* Has the death of Justice Scalia turned the Supreme Court more liberal? [Empirical SCOTUS] * The best Supreme Court sketch featuring a sleeping Clarence Thomas you will see all year. [Slate] * "We're all just people. Trying to pee in peace." A trans activist speaks out about North Carolina's discriminatory bathroom law. [Buzzfeed] * An update on the legal problems plaguing Uber. [Huffington Post] * The diplomatic strategy involved in expanding intellectual property rights. [Lawyers, Guns and Money] * Serving lattes instead of having a law library. [3 Geeks and a Law Blog]
* Combining April Fools' Day, tax season, and furry pets into a single joke. Well played, sir. [TaxProf Blog] * Booooo! This spoilsport argues that judges should stop issuing benchslaps. We disagree. [SSRN] * Prepare to have your worldview shaken: Richard Nixon and William Rehnquist are actually the ones responsible for paving the path for transgender rights. [Slate] * This term, the Supreme Court is on track for the fewest signed opinions in recent history. Take a detailed look at the Court's first 19 decisions. [Empirical SCOTUS] * President Obama is taking the fight over Merrick Garland to UChicago Law. [Huffington Post] * A judge is allowing a lawsuit against a Northwestern's journalism school to go forward. The suit alleges the school's "innocence project" uses unethical practices in its wrongful conviction investigations. [Journal-ism] * Get the rundown on the rules that will govern the GOP convention and the establishment's last stand against Trump. [Lawyers, Guns and Money]
How have Asian-American LGBT attorneys fared in their careers given recent advances in equality?
* The fascinating and brave story of Phyllis Frye, the nation's first openly transgender judge -- and in Texas no less! [New York Times] * Copyright law ruins something new: this time the YouTube channel of the creator of “hardest Super Mario World level ever.” [Kotaku] * Take a look at the correspondence Judge Berman received on Deflategate -- all the completely sane and hinged rantings of Pats fans. [Deadspin] * A law firm that lets you have a life? Blasphemy! [The Atlantic] * Even if Larry Lessig becomes President of the United States, his presidency will still be a failure. [Lawyers, Guns & Money] * So... if a vampire makes a human their servant what liability does the human have for the vamp's bloodsucking? [The Legal Geeks] * An ode to Valorem's Patrick Lamb and his incisive look at the failure of Dewey & Lebouef. [What About Clients?] * The phenomenon of Quit Lit: when law professors take to the op-ed page to talk about their resignations. [TaxProf Blog]
One judge seems woefully out of line with the national zeitgeist.