Here are some tidbits to take your mind off Maryland’s heartbreaking loss yesterday:

• Jeffrey Toobin at The New Yorker gives three immediate observations about the legal implications of the health care legislation, including how it might affect the Supreme Court.
• Above the Law has more on the potential, legal fallout of the bill.
• Speaking of SCOTUS, an Iowa lawyer provides an interesting take in today’s Baltimore Sun about its upcoming Snyder v. Phelps case.
• Encyclopaedia Britannica files a $250 million lawsuit against Dickstein Shapiro LLP for allegedly botching a patent application. (HT: Law Shucks.)
• A former Wisconsin state employee has won a discrimination lawsuit against his employer… the State’s Equal Division. (HT and “Dept. of Irony” headline to Overlawyered.)
• Today’s business tip – prevent profit “leaking” by recording all of your time while in the office.

Happy Presidents Day!

• What happens to those stuck in jail awaiting a bail review hearing when the courts are closed for days because of the weather?
• “The deaths of a Garden City family in a Maryland hotel room have ignited a protracted struggle almost a year later over the $5 million life insurance fund of its patriarch, William Parente, a battle that may turn on an unusual posthumous trial to prove that he killed them and himself.”
• If the president can make sure he eats with his family every night, you can set your own priorities vis-a-vis work too, Carolyn Elefant writes.
• McGuireWoods gets stiffed on BAR/BRI fees.
• How do you date a lawyer? (HT: Above the Law.)
• Supreme Court Justice Hillary Clinton? The White House is reportedly prepping for the possibility that both John Paul Stevens and Ruth Bader Ginsburg will retire at the end of the term. Link courtesy of How Appealing.

UB Law student/ NAACP Law Fellow Malcolm P. Ruff returns from the NAACP convention with one last blog post. If you want to hear more, log on to “Real Talk with Ray Baker” tonight (Wednesday) at 8:00 p.m.

After a much-needed break, I am back to report on the biggest event of the NAACP Centennial Convention: President Obama’s speech.

I would love to say I cheered from the front row as my president moved the audience with his best impression of a Baptist preacher’s tenor and his rhetoric of justice and equality. I would love to say I joined the masses in chanting “OBAMA” over and over; that I shared a once-in-a-lifetime handshake and embrace with the man of the century.

Unfortunately, I wound up watching the speech on CNN. At the end of the day, it turns out I really am an intern — and when the hottest ticket in the Big Apple ran out, my ticket and those of my fellow interns were sacrificed to the dignitary gods!

That turn of events seemed initially to be some sort of an unreal curse. Luckily I refused to miss the big picture, and listened intently to President Obama’s words of thanks, praise and encouragement to the NAACP.

For me, his most noteworthy remarks were those acknowledging our country’s progress in eliminating inequality, yet also acknowledging that minorities still get the short end of the stick when it comes to HIV infection, health care, poverty, unemployment and imprisonment — disparities that are vestiges of past discrimination and racial hatred.

To me, the fact that my president has this historical perspective is beyond empowering. Too many people want to wipe clean the stains of our sordid past, especially with the election of our first black president; but I’m sorry folks, it just doesn’t work like that! As President Obama stated, we must be honest with ourselves; while people now generally treat each other with a higher level of tolerance, systemic inequities —byproducts of the past — must be addressed immediately for this country to truly stand tall upon its founding ideals.

The speech was not only historic, but purposeful. Because we have our first black president, many nay-sayers feel that organizations like the NAACP are losing their relevance. But I echo President Obama’s sentiments that the NAACP is needed just as much today as we were in the ’50s, ’60s, and ’70s. And there is a new agenda: not only to find and stomp out discrimination, but also to be a stronger proponent than ever for self-determination and responsibility in the black community.

By the way, I did get a picture with the president: not Barack, but Ben Jealous, the new fearless leader of the NAACP, who was gracious enough to invite me to his reception in midtown Manhattan (that’s us above). For more photos — of (1) Jeffrey Wright, (2) Charles Ogletree, (3) Bobby Scott, (4) Attorney General Eric Holder and (5) Julian Bond with Holder — click on the slideshow below.

– Malcolm P. Ruff

The Supreme Court will be packed for Maryland Attorney General Douglas F. Gansler and Assistant Public Defender Celia A. Davis when they argue the case of Maryland v. Shatzer before the justices.

The draw will not be the case itself, though it does present an intriguing right to counsel issue. Nor will most of the public be enticed primarily by the participants (with apologies to Mr. Gansler and Ms. Davis).

No, the attraction will be the date of the high-court showdown: Oct. 5, the first Monday in October. Not only will the day mark the opening of the Supreme Court’s 2009-2010 term but also, presumably, the first day on the bench for Sonia Sotomayor, President Barack Obama’s nominee to succeed former Justice David H. Souter, who retired this summer.

A Senate vote on Sotomayor’s anticipated confirmation is expected within the next few weeks.

Maryland v. Shatzer is scheduled to be the second case argued on that historic day.

In Shatzer, the state is appealing a Maryland Court of Appeals decision that threw out an accused child molester’s conviction because police questioned him nearly three years after he first requested an attorney. The Maryland court said the time span did not vitiate Michael Blaine Shatzer Sr.’s invocation of his right to counsel, and that police, years later, were barred from questioning him until an attorney was provided.

Malcolm P. Ruff, UB Law student/NAACP Law Fellow, shares his views from the NAACP’s centennial celebration in New York:

Good morning! Today is the big day…the convention hall has been swept, the presidential route has been marked, and the VIP suite is fully stocked with the President’s favorites – everything is ready, but (as I write this) the guest of honor won’t even be here for another 10 hours!

That’s right folks, today is the day that President Barack Obama will be joining the NAACP at its Centennial Convention. As expected, the buzz is electric as convention-goers anticipate the arrival of the first African-American President in US history. My Obama paraphernalia count is at about 150 so far and it’s only 9 a.m.!

This morning on my way into the legal office, I spoke with Reggie Love, President Obama’s body man and my former teammate on the Duke University Varsity Football team. As many of you know, Reggie was a standout basketball and football star at Duke, and now is an integral member of the President’s staff.

As Obama’s right hand man, it is Reggie’s job to be a corporal extension of the President. He is responsible for performing any task that the President might need done; from scheduling meetings, to making phone calls on the President’s behalf, and even being the President’s own personal Dwight Howard when they play pick up (that’s basketball btw).

We talked briefly on Tuesday night when the President was in St. Louis for the All-Star game, and this morning Reggie expressed the President’s excitement about coming to address the nation’s oldest and largest civil rights organization on its centennial anniversary. It has been a while since I have seen Reggie — since leaving Duke’s campus in 2006 — so I hope I’ll get to see him and interview him tonight!

Meanwhile, I wanted to get reactions from convention attendees about the significance of President Obama coming to the NAACP’s Centennial Convention, so I headed to the exhibit hall to solicit some responses. Much to my surprise, I found Mr. Chris Gardner, self-made millionaire and writer of the Pursuit of Happyness, who was promoting his latest book, Start Where You Are. Mr. Gardner was gracious enough to take a photo with me and my good friend Danielle (that’s us in the photo above), and I had a chance to ask him what he felt about the significance of the President’s visit on such an auspicious occasion. He simply stated that this presidential visit should be a reminder to all people of color that although we have made massive progress, we must recognize that much work is left to be done, but we now have the means and the momentum to accomplish that work.

There is much more to come today as we await Barack Obama’s arrival. I must admit that I am getting more and more caught up in the anticipation and excitement with every passing hour! Check back in later to get the exclusive scoop on the President’s remarks.

Malcolm P. Ruff

OK, this post may get a tad convoluted, so please bear with me.

Yesterday I got an email from the listserv at Ram’s Head Live, the downtown Baltimore concert venue where I’ve seen two concerts in the last month, advertising a newly-announced show by indie-pop star Santigold. Now, the reason this caught my eye — I’m not a huge fan of her brand of punk-meets-reggae-meets-hip-hop-remix style — is because until a few months ago, the singer was known as Santogold with an “O.” This is important because 2008 was a break-out year for Santogold. She toured in support of British supergroup Coldplay, her album made influential music website Pitchfork.com’s Top 50 “best of” list, and her songs were remixed  by big-name DJs.

So I did some googling in search of an explanation, and ended up lost in a weird world of infomercials, space aliens, fake rock stars, and ’80s pro wrestling movies shot inside the Baltimore Civic Center (now 1st Mariner Arena).

Let me explain. Read the rest of this entry »

I chose not to go into D.C. today to stand on the Mall in freezing weather and strain to catch a glimpse of Barack Obama’s swearing-in. At 5’1″, I don’t have good experiences in crowded situations where stadium seating isn’t available.

Nevertheless, as I watch my second hour of live inauguration coverage on CNN this morning, I can’t help feeling wistful about not being one of the masses, energized by my peers, watching history unfold – even if it is unfolding on a Jumbotron.

And then I think about what would happen if I had to go to the bathroom.

I’m tuned in to Twitter, simultaneously getting updates from those who are on-site and those who aren’t.

One user – who chose to stay home – just wrote: “No queues this morning getting to television. Unobstructed sight lines, good sound. Temp: 67 degrees.”

Clearly he’s happy with his choice.

Another user (Zappos.com CEO Tony Hsieh, who most likely has a better seat than your average spectator) writes: “Amazing view at Inauguration, looking towards Washington monument seeing more people together in one place than ever seen before in my life.”

And even through all the hassles – on the Metro, with the portable bathrooms, and traffic – people on the Mall look nothing short of thrilled.

Are you regretting your decision to stay indoors? Or glad to avoid the mayhem?

JACKIE SAUTER, Web Editor 

Photo by Ron Edmonds/Associated Press

Some Marylanders’ names have been tossed around as possibilities for posts in the Obama administration (i.e. former Rep. Wayne Gilchrest and Dr. Joshua M. Sharfstein, Baltimore’s health commissioner), although none have come to fruition yet.

That changed Thursday when President-elect Barack Obama named Baltimore native Gary Gensler as his pick to head up the Commodity Futures Trading Commission. The CFTC oversees $5 trillion in futures and options trading — oil and other commodities prices have been hot-button issues there this year. 

Gensler, 51, is locally known for advising former Democratic Sen. Paul Sarbanes and serving as the treasurer of the Maryland Democratic Party. He’s also a graduate of Pikesville High School, not to mention the Wharton School at the University of Pennsylvania.  

He also spent some time on the national stage during the Clinton administration as assistant secretary for financial markets to the Treasury.

Before turning to politics, Gensler made his money at Goldman Sachs, where he became a partner at the age of 30.

His book “The Great Mutual Fund Trap,” was highly critical of fees attached to mutual funds and the unmentioned incentives brokers get to sell them.

Check out this interview on PBS in 2003, when Gensler went head-to-head with his twin brother Rob, a fund manager at T. Rowe Price, to get a taste of Gensler’s expertise. 

DANIELLE ULMAN, Business Writer

Hello! Here are some law-related stories and posts to check out today:

For the second year in a row, DLA Piper is the largest law firm in the country.

The Survivors Network of Those Abused by Priests isn’t buying Fernando Cristancho’s contention that the woman who gave birth to his triplets concocted sex abuse allegations against Cristancho so she could get custody.

It’s not just Maryland. HT: Baltimore Crime.

Scale back the War on Drugs to save money in these economically trying times, Jon Katz advises the government.

It’s not grounds for a mistrial when a print-out of lawyer jokes called “Sharks and Lawyers: A Comparative Study” is found in the jury room, says the 1st Circuit.

An Obama victory = the end of the Confirmthem blog. “We’ll get back together when a president nominates judges who have a solid record of supporting the rule of law instead of the rule of men, and who understand the grave damage done when judges exercise power without authority,” blogger Andrew Hyman writes.

CARYN TAMBER, Legal Affairs Writer

Might President-elect Obama tap Marylanders for important Department of Justice posts? The Sun’s Maryland Politics Blog talks about a few lawyers Obama might want with him in Washington, including AG Doug Gansler.

Around the Web, lots of people are speculating about the top job at DOJ. (I guess this guy, second — third? — in Democratic pariah-hood only to these two, is out of the running, huh?) Consequently, newspapers in other states, too, are theorizing on a possible domino effect if Obama recruits some of their big-name public sector lawyers for his team.

CARYN TAMBER, Legal Affairs Writer