Constitutional Daily

Founding Principles

The Tenure Paradox - Robot pimp

Slap on the Wrist for "Non-Consensual Sex" - Lampshade, Esq.

Intelligence: The Gathering - Graphic and Gratuitous

Grads are the New Illegals - Robot Pimp

Meet Entitlement Eric - Robot Pimp

Wherein I Solve World Peace - Lampshade, Esq.

A Necessary Delusion - Shadow Hand

Do you even need to shave overhead? - Lawyerlite

LSAT Jenga - Publius Picasso

Time, Place, and Manner

...Should have some links here or something.


Constitutional Daily

Computer Security is Easier Than You Think

E-mail Print PDF

New from Lawyerlite, our law firm marketing, legal technology, and practice column, a look at just how easy it is to secure your sensitive computer data: Computer Security is Easier Than You Think.

Just file this under "Not Intended as a Primer on Burning Bridges."

Alabama Lifts Brew Pub Restrictions

E-mail Print PDF

The Brewery Modernization Act has cleared both houses of the Alabama legislature with wide margins, 58-25 in the House, and 24-5 in the Senate.

The previous law restricted the manufacture of beer to certain historical buildings located in counties that had been continuously wet since the end of prohibition. Production was limited to 10,000 kegs a year, and beer could only be sold on location, and the brew pub was required to have a restaurant.

Those restrictions have been limited, and brewpubs will now be allowed to give a $6 free sample on tours (AL state law otherwise prohibits any free drinks).

The law will go before the governor and is expected to be signed. IF not acted on, it will become law within 6 days.

Old language:

The Legislature finds that it is in the best interest of the public welfare of the State of Alabama to preserve and redevelop the original "downtown" municipal areas of this state and to further promote the preservation and redevelopment of historic buildings and sites.

New language:

The Legislature finds that it is in the best interest of the public welfare of the State of Alabama to promote local industry in the state.

Neighboring Georgia and Tennessee, which did not have such restrictions, had more than 400% more local breweries, and Florida has 1200% more.

The state's 16oz bottle limitation still remains in place.

[Amended statute]

[Free The Hops]

Legal Hiring: It Gets Worse

E-mail Print PDF

The NALP data for law students graduating in 2010 is out, and it's not pretty.

Of the 2010 graduates whose employment status was known, only 87.6% were able to find any work at all, including non-legal, temporary, or part-time work. This is the lowest rate since 1996. Of the students who did find work, only 68.4% found jobs where bar passage is required (short hand for "lawyer").

That means only 59.9% of the class of 2010 has found work as lawyers. This number does not reflect graduates who found work as judicial clerks, or other desirable non-lawyer jobs. But, it also does not reflect the fact that students who were not counted are disproportionately unemployed. (The percentage reporting was not stated in the NALP press release.)

For those of you just graduating and without jobs, sorry to say, but NALP predicts things will be even worse for you. According to NALP Executive Director James Leipold:

There is likely more bad news to come. Just as the biggest impact of the last significant recession was felt in the national economy in 1991, the legal employment market for new law school graduates did not hit its nadir until 1993, and the overall employment rate did not crest 89% until 1997, we can expect that the overall employment rate for new law school graduates will continue to be stagnant or decline further for the Class of 2011, with the curve probably not trending upward before the employment statistics become available for the Class of 2012.

And, of course continued bad news for the class of 2010, as firms that are recovering and upping their employment will go for fresh graduates over those who have been sitting on the shelf for a couple years.

[NALP Press Release, gavel wave Vault]

MSNBC Throws Self Under Palin Bus

E-mail Print PDF

An MSNBC pundit has accused Sarah Palin's bus tour of operating in violation of federal law.

Claims of breach of federal campaign finance laws are common in every election, and Donald Trump was accused of a breach before announcing he wouldn't be running. But, that's not the offense Martin Bashir has accused Palin of committing.

Bashir instead says that the stars and stripes painted on Palin's tour bus, which is being used in part to promote book sales, is in violation of the United States Flag Code:

"In fact, the whole thing could be in breach of a federal law because the United States Flag Code establishes important rules for the use and display of the stars and stripes, the flag of the United States. Under standards of respect and etiquette, it's made clear that the flag of the United States should never be used for any advertising purpose whatsoever. Yet that's precisely what Sarah Palin is doing. She's using the flag of the United States for her own financial purposes. She drapes herself in the stars and stripes and makes millions of dollars in the process."

Title 4, Chapter 1, Section 8:

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

This rule is discussing mutilation of a flag to be used in commercial purposes, not the use of a representation of a flag, such as a partial flag painted on to a tour bus. Another section lays out more strict rules, which would prohibit painting the flag onto anything for a commercial purpose, but the rule only applies to DC, comes with a misdemeanor charge and $100 fine, and under Supreme Court rulings, is unenforceable as a violation of the First Amendment freedom of speech.

The idea that the flag cannot be used in commercial enterprises is, on its face, absurd, and smacks of the sort of convoluted, counter-factual notions produced by tin-hat conspiracy theorists.

Just for fun, we looked a little further into the flag code, and... well, we'll let it speak for itself. From the same section:

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

[Media Research Center TV]

[Flag Code]

Louisiana Parish to Carve Out Black Judicial District

E-mail Print PDF

Terrebonne Parish, Louisiana may soon be getting a special black judicial district.

The parish has five judges, who are elected at large across the district, and all of whom are currently white men. The new bill going through the state legislature would carve out a special black district to elect one of those judges. Residents of the special district would not be allowed to vote in the parish-wide judicial elections.

The special district would be overwhelmingly black, with the expectation that this would ensure a black judge was elected. Apparently, this is prefaced on the idea that not only are whites racist against blacks, but blacks are racist against whites, and thus wouldn't ever consider using their special district to elect a white judge. Nothing like some good ol' segregated Us v. Them mentality.

The district affects only the elections, and not the jurisdiction of the judges. That means people outside of the special district run a chance of appearing before a judge who was elected entirely by another group. And, people within the district will, more often than not, be in court before a judge for whom they had no say in the election of.

15 parishes in Louisiana have already set aside special black judicial carve outs.

[Daily Comet]

4 Year Old's Advice to HLS Grad

E-mail Print PDF

Excellent advice from a 4 year old to a recent Harvard Law Grad. There are enough lawyers already, why not be a trash man instead?

Here is a Dime, Use it to Phone a Friend

E-mail Print PDF

They say that cheaters never prosper. But, we all know the truth. Cheaters are more likely to prosper than if they had not cheated. If this weren't the case, no one would cheat.

In his newest article, BL1Y talks about his experience cheating on his 1L civ pro exam: Here is a Dime, Use it to Phone a Friend.

Whorder in the Court

E-mail Print PDF

"I will treat you with respect each time we are in contact."

"Attorney Bajaj serves a variety of counties and will be willing to travel to you if necessary. She serves DeKalb, Boone, Winnebago, Kane, DuPage, Ogle, Lake, McHenry, and Lee. This list is not exhaustive of where she will go to help a client."

A Sycamore, IL attorney has been arrested and charged with prostitution.

Reema Bajaj, a graduate of Northern Illinois University College of Law, was charged with three counts of prostitution. The counts contend that Bajaj engaged in sexual acts for $100 (Class A misdemeanor) and within 1000 feet of a school (Class 4 felony).

Bajaj was a known prostitute, having previously been charged with offering sexual favors for $50 (the price she now charges for a demand letter), but she claims she has not engaged in prostitution since being admitted to the bar last November.

Bajaj turned herself into the police last Tuesday, after a warrant was filed for her arrested. Conveniently enough, she was already at the courthouse with a client, a man charged with possessing child pornography and aggravated sexual assault.

She has withdrawn from that representation, and will likely be dropping a few more clients after the state bar disciplinary committee get involved.

[Daily Chronicle, gavel wave Faux Trixie]

[Bajaj firm website]

NYC Cops' Acquittal Pretty Reasonable Actually

E-mail Print PDF

A lot of people have weighed in the recent NYPD rape case, including a protest with several hundred people shortly after the not-guilty verdicts came down.

One of the chief talking points is that some how the jury managed to accept the defense's argument that the victim was simultaneously too drunk to accurately remember the events of the evening, but sober enough to consent.

We're here to set the record straight. First thing's first, in a criminal prosecution the defense doesn't have to argue a damn thing. The burden is on the prosecution. There was evidence (an admission) that the officer in question had sex with the victim, but sex is not a crime to which consent is an affirmative defense. No, sex without consent is a crime, and proving a lack of consent is on the state.

In this case, the jury wasn't even hung. They came back unanimously to say the prosecution failed to make its case. But, a bunch of really angry people decided they knew the evidence better that the jury, and insisted that two cops got away with rape. (They were found guilty of official misconduct and were immediately terminated.)


More importantly, being too drunk to be a credible witness and being sober enough to consent are not mutually exclusive.

Someone can be black out drunk, that is to say, too drunk to form credibly and complete memories, and still be able to function in a reasonably competent manner. We don't condone drunk driving, but the vast majority of people driving home hammered every weekend night arrive home without incident. And, many of those people will have no memory of leaving the bar, driving home, putting their pajamas on, or drunk dialing their ex girlfriend.

We don't know how drunk the victim in this case was, but we do know that there's drunk, drunk, and passed-the-fuck-out, and that the jury did not find there was sufficient evidence to prove the victim was drunk enough to not consent. Sorry to everyone who likes to have knee-jerk reactions, but "drunk sex" does not always mean rape, no matter how many times you describe that as "overwhelming evidence."


The Paper Waste: Legal Academic Writing

E-mail Print PDF

What if you were to hear that law schools spend over $10 million dollars a year paying professors to write articles that virtually no one reads?

What if you were to hear that by "law schools" we actually meant "one law school." ...Yeup. Students at Michigan shell out about $10k each, every single year, to pay for articles no one wants, and no one reads.

There are over 10,000 articles published every single year by law journals. If there's a worthwhile piece among them, you'll never find it.

Read more about the great white and green paper waste here: The Paper Waste: Legal Academic Writing

Page 95 of 136

Philadelphia Lawyer, Unfiltered

The finest blend of analysis, advice, and fury on the internet. Sour mash, oak barrel aged, published at cask strength.


Most Recent Article:

In Defense of Risk (Happy Fourth of July)

All Articles from The Philadelphia Lawyer

Author Profile

The Robot Pimp

An in depth look at the emerging intersection of law, behavioral economics, and robots.

Most Recent Article:

The Tenure Paradox

All Articles from The Robot Pimp

Author Profile

Practice Makes Putrid

Legal practice would be all rainbows and buttercups, if it weren't for the clients, and opposing counsel, and co-counsel, and judges, and the law.

Most Recent Article:

Eat Mor Fiv Freedums

All Articles from The Namby Pamby

Author Profile

Gin and Glannon's

As Shadow Hand suffers through law school, the rest of us get a little Schadenfreude.

Most Recent Article:

I Just Work Here

All Articles From Shadow Hand

Author Profile

Irresistible Impulse

Dr. Rob Dobrenski's daring expedition into the psychology of lawyers and the law. (Not a substitute for a life well lived.)

Most Recent Article:

You're Not a Failure, You're a Narcissist

All Articles from Dr. Rob

Author Profile

Graphic and Gratuitous

Sometimes cartoons are the highest form of communication. Those times are known as "most of the time."

Most Recent Cartoons:

Intelligence: The Gathering

All Cartoons

There And Never Back Again

Defunct Big Law attorney BL1Y shares his misadventures as a writer who accidentally went to law school.


Most Recent Article:


All Articles from BL1Y

Author Profile

Lampshade, Esquire

We're dealing with some technical difficulties here. Hold up a minute.

All Articles From Lampshade, Esq.

Staff Infections

News, humor, and other non-billables from our underpaid, uncredited, unsexy staff.


News Articles

Smaller News Bits

Large Numbers of Law

Mixed Bag of Lawesome


Scofflaw Multistate Bar Review