During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”
But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.
Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….
* “Citizens United has been good for gay rights.” Well, at least it’s been good for something. Are we allowed to like the ruling in this case now? Bueller? Bueller? No? Okay, just checking. [New York Times]
Long before I became a law blogger, I spent a good chunk of time working as a photojournalist. Periodically, I wound up photographing the police. Whether it was at an arrest at a football game, or an officer who suffered an unusual injury, officers rarely hassled me because I usually had a press pass and a big, professional-looking camera.
But anyone can film in public spaces. One of the most important — and overlooked — technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct.
So it’s really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It’s even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out.
Keep reading for details about the man who was arrested for taping police in America’s oldest public park, as well as Judge Kermit Lipez’s benchslap of the officers who made the arrest….
Let me tell you about a couple of cases I lost. Now, wait: before the Commentariat sharpens its knives (“This guy couldn’t get a big-firm job, then loses all his cases. No wonder he’s writing for ATL. Heh.” — Guest), let me point out a few things. In 17 years as an employment litigator, I’ve won plenty more cases than I’ve lost. But I didn’t learn as much from the cases I won; I learned much more from the ones I lost.
So this post covers the single most important lesson I’ve learned in litigation, and now I’m sharing it with you. You didn’t learn it in law school, and you’re not likely to find a CLE on it. But the lesson these two cases illustrate can prevent you from making the most common mistake lawyers make.
And learning that lesson will help you win more cases.…
Nothing could win you over. Not Judge Bruce Selya’s impressive vocabulary, Judge Juan Torruella’s magnificent yacht, Judge Kermit Lipez’s niceness and decency, nor Judge Sandra Lynch’s personal charm steely intellect.
In the end, you all turned into prestige whores. You succumbed to his fancy title of “Chief Judge,” as well as his strong track record as a feederjudge to the Supreme Court:
Last week was short, thanks to the New Year’s holiday; but it sure was busy. Here are some highlights from a very momentous week:
* No more jokes about Harriet Miers: the ill-fated ex-SCOTUS nominee has resigned as White House counsel. Speculation about her successor abounds.
* No more jokes about the Dewy Orifice: the ill-fated merger between Dewey Ballantine and Orrick, Herrington & Sutcliffe hasbeencalled off.
* Turns out that Chief Justice Rehnquist was a painkiller junkie. Once, while suffering withdrawal symptoms, he tried to bust out of a hospital in his PJs.
* Chief Judge David Levi, of the Eastern District of California, will be the new Dean of Duke Law School.
* All About Jan? Just as the aging Margo Channing’s reign over Broadway was threatened by the comely Eve Harrington, the aging Linda Greenhouse’s reign over One First Street is being threatened by the comely Jan Crawford Greenburg.
* Who knew? Law professors and legal bloggers sure know how to party! Photos of drunken legal academics available here and here.
* Cravath partner John Beerbower has enjoyed some amazingapartments over the years. Cravath partnership + Wealthy wife = $20 million, Park Avenue pad.
* Who’s your favorite First Circuit judge? Cast your vote here.
* If you’re a right-winger hoping that Justice Stevens will step down soon, don’t hold your breath.
* Today’s D.C. Circuit: Despite the occasional catfight, it’s not as bitchy as it used to be. Sigh.
* Oppressed law clerks, your Devil Wears Prada is on its way. Coming soon to a bookstore near you: Chambermaid, by former Third Circuit clerk Saira Rao.
In reviewing our coverage of the federal judiciary, we noticed that we don’t give the First Circuit enough love. For those of you who haven’t memorized this map, the 1st Circuit includes four New England states and Puerto Rico.
Perhaps we don’t cover the First Circuit that much due to its small size. With spots for only six active judges, it’s the smallest of the thirteen U.S. courts of appeals. Or maybe we don’t write much about it because it’s a fairly collegial court — and we like to cover benchslappery.
Regardless of the reasons for it, we’d like to remedy this deficiency in our court coverage. As a first step towards that goal, we bring you this rather random reader poll:
We also invite you to send to us, by email, any good gossip or fun facts about the First Circuit and its members. Thanks! Update (12:15 PM): As pointed out by this comment, and confirmed in his FJC bio, Judge Bruce Selya took senior status a few days ago (this past Sunday).
We’ll leave Judge Selya in the poll, because many votes have already been cast, and removing him would screw up the results. But if Judge Selya gets the most votes, we’ll declare him the “honorary” winner, and name the runner-up as your favorite active First Circuit judge. U.S. Court of Appeals for the First Circuit [official website]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.