* High-flying financier Jeffrey Epstein, no stranger to these pages, pleads guilty to soliciting prostitution from underage girls. [Dealbreaker]
* Bar exam candidates: stressed out by the big test, but not up for a therapeutic orgy? Watch a documentary about the bar exam experience instead. [Prettier Than Napoleon (Amber Taylor) via Volokh Conspiracy (Ilya Somin)]
* Senators David Vitter and Larry Craig: defenders of marriage. [Supreme Dicta]
* Mayors Michael Bloomberg of New York and Thomas Menino of Boston, founding co-chairs of Mayors Against Illegal Guns, offer an optimistic take on the Heller decision. [City Room / NYT]
* News you can -- but hopefully will never have to -- use: 11 Things To Know When Arrested. [Attorneys Catalog]
This is a few days old -- but in light of today's tech problems, for which we again apologize, we're having one of those days. So please cut us some slack.
The Florida Bar is investigating whether newly appointed New York Court of Claims Judge O. Peter Sherwood -- the former New York solicitor general -- violated bar rules on the unlicensed practice of law by appearing in a Florida case without registering.
Jeffrey Picker, bar counsel at the Florida Bar, said Thursday that the bar is investigating a complaint made against Sherwood that he failed to register with the bar and pay a filing fee as required for out-of-state attorneys. "The file is confidential, but we can say that we are investigating," he said.
Picker did not say whether the bar was looking into the second part of the complaint, in which Miami attorney J.B. Harris alleges that Sherwood verbally abused his client and refused to reschedule a deposition even though she was recovering from surgery and heavily drugged.
Why reschedule? Depos when the client is all drugged up are the best kind. It might be interesting, when the lawyer conducting the deposition asks the boilerplate "are you under the influence" question, to have the witness answer "hell yeah" for once.
We received roughly 850 responses to last week's ATL / Lateral Link survey on whether you're afraid of losing your jobs, and things are looking pretty bleak.
Overall, associates are looking much more pessimistic than they were in December, with 28% of associates afraid that they could lose their jobs this year, in contrast to only 10% of associates in December. Summer associates are even more nervous, with roughly 37% afraid that they won't receive a permanent offer.
Are you afraid of losing your job? December 2007 vs. June 2008
December 2007
June 2008
Yes, and I'm afraid for others at my firm, too.
5.19%
16.36%
Yes.
5.12%
10.81%
No, but I'm afraid for others at my firm.
11.34%
17.35%
No.
78.35%
55.48%
Among law students, 18.58% of respondents said they were afraid they wouldn't receive a permanent offer, and another 18.58% said they were concerned for both themselves and others.
See breakdowns of who's nervous by practice area, market, and seniority, after the jump.
We realize that some of you really dislike Bar/Bri bar review class. But posting an online threat to prevent class from going forward seems a bit extreme, don't you think? See email below.
If you're really down about studying for the bar exam, just have a bar review orgy. It's more fun than posting anonymous threats on the internet, and it doesn't inconvenience your fellow students.
P.S. While we're on the subject, who's driving a Ferrari to BarBri in L.A.? Law firm bar stipends can be generous, but not that generous.
************
From: "BAR/BRI of MA"
Date: June 29, 2008 9:33:38 PM EDT
To: "BAR/BRI of MA"
Subject: BAR/BRI BAR Review - Harvard Law School - Urgent Announcement
Dear BAR/BRI Student:
We apologize if you receive this in duplicate or even triplicate.
We're writing to let you know that BAR/BRI classes held at HLS will be cancelled on Monday, June 30. Over the weekend, we learned of a threatening message concerning the LawSchool on an internet site and, while this kind of threat isn't uncommon, we decided it was best to use an abundance of caution and cancel classes for the day while HUPD continues to investigate the matter.
You will receive a follow-up email from your BAR/BRI rep indicating how this class will be made up. At this time, we expect all classes to resume on schedule on Tuesday.
As you might expect, we hear a lot of wild 'n crazy rumors in this line of work. We try to chase down as many as we can, and if we can confirm them, we report out in these pages.
One of the more interesting rumors we received, from multiple sources, was that Howard Rice, the prominent San Francisco -based law firm, was giving its incoming first-year associates two-year deferrals. Talk about a delayed start date!
Two years struck us as a bit insane. Why not just rescind the offers outright, and be done with it?
As is so often the case, however, the game of telephone distorted things a bit. We reached out to the firm for comment. Recruiting partner Jon Hughes explained:
Thank you for providing us the opportunity to address the information you heard about Howard Rice, and to respond to your questions.
Your instinct was correct: we are not deferring start dates for two years, and we are not deferring all of our incoming class. We had eight associates scheduled to start this fall - seven litigation associates and one business associate. We are deferring the start dates for three incoming litigation associates for one year. We will pay them a stipend and work closely with them to find opportunities that will be valuable to their development and their careers here. For example, we are looking for opportunities for these new attorneys to work with one or more of the many national and local public interest organizations with which we have a close relationship.
I think the confusion about the two years may be that one of the three associates has a clerkship for fall 2009 to fall 2010, so in that one instance, that incoming associate will start in fall 2010.
Howard Rice has not taken any other actions with respect to more senior classes of associates (that was one of the questions you asked). [Ed. note: We asked about whether the firm had laid off or offered buyouts to any more senior associates.]
Just a few more words to put this decision in context. Our primary goal in making this decision is to ensure that the very bright, hard working and talented attorneys who join us have an experience in their first year of practice that is challenging and interesting. Counting last fall and this coming fall, we have a disproportionately high number of incoming first-year associates who want to join our litigation practice. One of the reasons we attract the best litigation associate candidates in the country is that we give our them more responsibility earlier in their careers than their peers get at many other firms. We concluded that this decision would help us keep that commitment, to our current junior associates and those will be arriving at the firm this fall and next.
We thank Mr. Hughes for the clarification. Deferring incoming first years for a year is obviously not ideal (and it's one of the most delayed start dates we're aware of; prior coverage of start date changes is collected below). But it's a far cry from a two-year "deferral," which is laughable.
Are you aware of a major (i.e., Am Law 200) law firm that is pushing back its start dates for first-year associates? If the news hasn't been mentioned here before, feel free to drop us a line. Thanks.
The New York Times had a piece last week about college graduates being seduced by the large salaries offered by investment banks and consulting companies (Big Paycheck or Service? Students Are Put to Test). The theme of the article is that the best and the brightest are choosing McKinsey over PeaceCorps. Lawyers certainly face a similar seductress in the form of Biglaw.
There were a slew of letters written in response to the piece, including one from New York Supreme Court Justice Emily Jane Goodman. Goodman is no stranger to ATL's pages. She wrote to us last year about the need to up the ante for state judges. Though there's finally been a move to increase New York judges' salaries, Goodman is not a happy camper. She writes to the NYTimes:
To the Editor:
After a career in public service, I regretfully say, I would not do it again.
Philosophy and point of view led me to doing good instead of doing well, so I never expected to become rich. But now that I'm in my 10th year of a frozen judicial salary -- less than summer students are being paid at law firms -- I have concluded that whatever I may have accomplished for the public, I have wasted 25 years of my life by serving on the bench.
Emily Jane Goodman
New York, June 23, 2008
Congratulations, Biglaw associates. At the end of the day, it really is all about the Benjamins.
A commenter recently noted that "[t]he LEWW posts are marked with a logo to make it easy to avoid them." Ouch! In fairness, we note that the same commenter also called us "one [of] the best, funniest, most well-written features on ATL" (thanks!). Whether the sight of the LEWW logo makes your heart sing or sink, the please note that the logo has changed to something a bit more festive.
In other business, we certainly made the right call when we decided to include an extra couple in May's Couple of the Month poll! The "write-in" candidates were your favorites by far, running away with over 60 percent of the vote.
We caught up on our wedding-watching backlog this weekend, so stay tuned, LEWW lovers. There's more coming this week, and it includes some of our readers' favorite acronyms.
* A look back on the Supreme Court Term just ended. (Also: Is this Linda Greenhouse's swan song?) [New York Times]
Update: No, it's not. Greenhouse informed us by email that she'll be at the Times until July 18 and will be writing a few more pieces between now and then.
* "Mini Me" has a sex tape, and he's suing TMZ for using it to "titillate readers." [Courthouse News Service]
* Biglaw associate/experimental filmmaker Brian Frye can add SCOTUS citation to his resume. [WSJ Law Blog]
* Aitzaz Ahsan, President of Pakistan's Supreme Court Bar Association and "Lawyers' Movement" leader, will be in New York next week. Have breakfast with him and be inspired. [New York City Bar]
* Anthrax probe ultimately yields nothing but a big government payout. [BLT]
We can't make Ted Frank, of AEI and Overlawyered, our Lawyer of the Day. First, we just bestowed that prize on George Bush. Second, since he's a former ATL guest blogger -- see his celebrated posts on the Obama tax plan (here and here) -- there might be a conflict of interest.
Third, ATL Lawyers of the Day usually do stupid s**t embarrass themselves, while Frank is doing some good. As reported earlier this week, by Jonathan Glater in the New York Times, Frank is objecting to the highly dubious Grand Theft Auto class action settlement. In recognition of his efforts, we'd like to name Ted Frank our Honorary Lawyer of the Day.
Earlier this week, Ted trekked up to New York for the fairness hearing before Judge Kram. We caught up with Ted the other day. He described for us his mishap-laden trip to the courthouse:
The hearing is scheduled for 10:30. I decide to time myself to arrive at 9:30. Good thing, too: the 6 train sits at Bleecker for 5 minutes, and then at Canal for 10 minutes (during which time I read the entire NY Times Business section twice, especially pages 1 and 4) before they tell us to switch trains. I mistakenly switch to the J rather than simply going above ground and walking from Canal Street, and then try to find my way to the courthouse from the Chambers Street stop.
Ok, I know I'm going to 500 Pearl. I'm on Centre Street, going North, I see the big marble facade of the US Courthouse, on the corner of Centre and Pearl, so I assume I'm going there. I absent-mindedly walk past some construction as I think about my argument, and go up the steps of the first courthouse I get to. Long delay through security, and then there are no signs anywhere. I ask a guard where Judge Shirley Wohl Kram's chambers are. He says there's no such person there. I say yes there is. No there isn't. Of course there is, I impatiently respond, I have a noticed hearing at 500 Pearl in front of Judge Shirley Wohl Kram. The guard, with pure New York sarcasm dripping from his voice, happily informs me that thank-you-very-much I'm in the middle of the state courthouse at 60 Centre Street. D'oh!
I run back outside, and cross the street to where the construction is. I circle the building, but don't see an entrance not blocked off. I ask another guard. The U.S. Courthouse is not in the building labeled U.S. Courthouse, but is further down Pearl Street, I am told. I make it through security, and even make it to the right floor on my second try reading the directory. Fortunately, I wasn't confused when Judge Kram's courtroom had a big sign on the outside saying "Judge Leonard B. Sand," and I safely entered at 10:10.
This is why law firm partners need associates.
Thankfully, the hearing went better than Ted's trip did. Check out his firsthand account over the fairness hearing at Overlawyered. The upshot: Judge Shirley Wohl Kram has taken the matter under advisement.
We wish Ted luck. We'll keep you posted on the progress of his challenge.
No, not that George Bush (although when George W. Bush was young and irresponsible, he was young and irresponsible). Meet George deVallon Bush, a prominent criminal defense attorney in Augusta, Georgia. From the Augusta Chronicle:
[George Bush] was taken into custody at a Broad Street bar as the result of an ongoing investigation, Sheriff Ronnie Strength said Monday night.
He is charged with possession of cocaine with intent to distribute, according to jail records. Sheriff Strength said the arrest was part of a two-week investigation by the federal Drug Enforcement Agency and Richmond County sheriff's narcotics agents.
"Mr. Bush was arrested without incident about 5 p.m. at Ballroom Billiards, 978 Broad Street, with a half-ounce of cocaine in his pocket," Sheriff Strength said.
"That's a little more than typically used for personal use," said Richmond County sheriff's Sgt. Greg Meagher.
Sergeant Meagher, you're talking about an attorney, dammit. Please revise your blow consumption estimate upward.
Mr. Bush is a graduate of Vanderbilt University and the University of Georgia. He opened his Fourth Street law practice in 1994.
In November 2000, Mr. Bush was featured in Mademoiselle magazine in a beef-cake style election spoof about the Republican presidential candidate who shares his name.
And now perhaps they share more than just a name. Congratulations, Mr. Bush -- you're our Lawyer of the Day.
We suspect that law school deans will bitch about the U.S. News & World Report law school rankings no matter what. But it's still interesting, and perhaps encouraging, to learn that the magazine is contemplating some tweaks to its ranking methodology. From rankings czar Robert Morse:
The first idea is that U.S. News should count both full-time and part-time entering student admission data for median LSAT scores and median undergraduate grade-point averages in calculating the school's ranking. U.S. News's current law school ranking methodology counts only full-time entering student data. Many people have told us that some law schools operate part-time J.D. programs for the purpose of enrolling students who have far lower LSAT and undergrad GPAs than the students admitted to the full-time program in order to boost their admission data reported to U.S. News and the ABA. In other words, many contend that these aren't truly separate part-time programs but merely a vehicle to raise a law school's LSAT and undergrad GPA for its U.S. News ranking....
Another idea was proposed in the 1998 report "The Validity of the U.S. News and World Report Rankings of ABA Law Schools" commissioned by the Association of American Law Schools. The proposal calls for U.S. News to compute our bar passage rate component (school's bar pass rate/jurisdiction's bar passage rate) using only the data of first-time takers who are graduates of American Bar Association-accredited schools. Currently, our "jurisdiction's bar passage rate" uses the rate of all first-time test takers from a state regardless of the ABA accreditation of their law schools. This distinction is perhaps most meaningful for the state of California, which has a large number of non-ABA-accredited schools....
So, folks, whaddya think? To kick off the discussion, check out Professor Christine Hurt's views -- she seems critical of proposed change #1 -- over at Conglomerate.
As noticed by some of you in the comments, the other day we made a brief radio appearance on the Brian Lehrer Show (WNYC), to chat about the DOJ Honors Program hiring scandal. Our participation in the segment is brief (and mercifully so, since we could have been better prepared; it was on fairly short notice).
Most of the questions were fielded by Eric Lichtblau of the New York Times, who has done some excellent reporting on the controversy. It's an interesting interview. To access it, click here.
We recently discovered that the folks over at Lateral Link are giving away free coffee. Anyone who registers with Lateral Link before the end of the month -- that's Monday -- will get a free Starbucks gift card. The catch is that you have to register through a special, super-secret link. (Hint: it is www.laterallink.com/java.)
Now here's the Job of the Week -- which, conveniently, is also free from Lateral Link:
Position: Mid-level Corporate Associate
Location: Chicago
Description: Although the lateral market in Chicago has been slow of late, this top Chicago-based firm is growing and is actively seeking a mid-level associate with general corporate experience, including M&A, securities and private equity experience. In addition to any bonus paid by the firm, this position qualifies for Lateral Link's standard $10,000 signing bonus.
For more information about this position or to apply, please see Position 9277 on Lateral Link. Current members can also contact their personal search consultant directly to discuss this position. Membership in Lateral Link is free and you can apply at www.laterallink.com.
Last week, the National Hockey League filed a counterclaim in the Southern District of New York, seeking permission to sanction Madison Square Garden, L.P. ("MSG") -- the parent company of the New York Rangers -- for violating the NHL Constitution by failing to follow league rules, including a rule against suing the league. According to an MSG spokesperson, the NHL's counterclaims are just "bullying tactics," intended to intimidate Rangers ownership into dropping its original lawsuit.
As some of you may remember, back on September 28, 2007, MSG -- through its attorneys, Jones Day -- filed a 35-page antitrust complaint, arguing that the NHL had acted anti-competitively by voting to implement a New Media Policy that required all teams to turn over control of their independent websites to the NHL. MSG contended that it uses the Rangers website "as a competitive tool to generate and maintain fan interest in the Rangers in competition with other NHL teams," and that by seeking to control competition in Internet and new media markets, "the NHL has become an illegal cartel."
Ironically, MSG has not sued the NBA, which for years has enforced a nearly identical policy. (Note: MSG also owns the NBA's New York Knickerbockers.)
MSG's antitrust lawsuit has already led to its share of rulings in favor of the NHL. First, on November 2, 2007, Judge Loretta Preska (S.D.N.Y.; the same judge from Cleary Gottlieb fame) rejected the Rangers' motion for a preliminary injunction against the NHL, finding that under antitrust law's Rule of Reason, "it is far from obvious that [the New Media Policy] has no redeeming value." On March 19, the Second Circuit affirmed her ruling. The Rangers have now proceeded toward a full trial on the merits.
This is not the first time that a professional sports club has sued a league under antitrust law for purportedly encroaching on club-based property rights. In the mid-1990s, the Dallas Cowboys, New York Yankees, and Chicago Bulls each brought separate antitrust lawsuits against their respective leagues for attempting to reallocate property rights. The Cowboys and Yankees claims involved the use of club trademarks for sponsorship purposes. Meanwhile, the Bulls' suit involved an attempt to limit the club's television broadcast rights. Ultimately all three cases settled out of court, although the Seventh Circuit first issued several rulings in the Bulls case. In none of these cases did the league then seek to punish the plaintiff club.
Here, the NHL is seeking the court's permission to vote on at least the following three sanctions: (1) fining Rangers ownership; (2) requiring MSG to sell the Rangers; and (3) terminating altogether the Rangers franchise. Although these remedies are purportedly each allowed by the NHL Constitution with a three-fourths vote of approval, actually enforcing the two latter sanctions would cross into nearly uncharted territory.
So, what are the NHL's chances of being allowed to impose these sanctions?
Long Island has been riveted by the case of a well-to-do couple convicted late last year of forced labor, harboring aliens, and peonage (yes, peonage). We briefly mentioned the story here (last item).
The wife, Varsha Sabhnani, 46, was sentenced yesterday. From the AP:
A millionaire who inflicted years of abuse on two Indonesian housekeepers held as virtual slaves in her Long Island mansion was sentenced Thursday to 11 years in prison....
The victims testified that they were beaten with brooms and umbrellas, slashed with knives, and forced to climb stairs and take freezing showers as punishment. One victim was forced to eat dozens of chili peppers and then was forced to eat her own vomit when she couldn't keep the peppers down, prosecutors said.
U.S. District Judge Arthur Spatt called the testimony "eye-opening, to say the least -- that things like that go on in our country."
Absolutely horrific offense conduct. What kind of mitigation case did Mrs. Sabhnani put on?
Defense attorney Jeffrey Hoffman said that 175 letters were submitted to the court detailing Sabhnani's charitable acts around the world. He called her "a woman who spent a lifetime doing good deeds."
Like beating the help with brooms and making them slurp up their own puke. A veritable Mother Teresa.
Hoffman said that around 2004 or 2005, Sabhnani's weight plummeted from 325 pounds to 135. "She did it by starving herself," and that resulted in a chemical imbalance and significant malnourishment. "She had become a very different person."
Look, everyone gets a little grumpy when they're dieting. But this may be a bit of a stretch.
Orange County Superior Court Judge Kelly MacEachern is no longer listed among the judges on the court's website, but you can still Google her bio. We suspect that only in California would a judge list "rollerblading" as her number one interest.
MacEachern was removed from office yesterday for filing "false and misleading expense claims for a legal conference in San Diego," then lying about it when she got caught. Oh, the tangled webs we weave.
The conference didn't get off to a good start for her. From the L.A. Times:
[MacEachern] tried to enroll in two classes -- "Excellence in Judging" and "Statements of Decision" -- during the weeklong San Diego conference, according to the commission.
About a week later, she was informed that she was denied entry into the "Excellence in Judging" course, held Monday through Wednesday, because she lacked the required experience of eight years or more on the bench.
Denied entry into "Excellence in Judging?" How odd.
She was, however, accepted into the one-day "Statements of Decision" class and was told the state would directly pay the Hyatt Regency for one night's stay, up to $110.
MacEachern decided to stay at the hotel for a week anyway, and included the three "unauthorized nights" in her reimbursement request. Perhaps she needed the time to rollerblade in San Diego.
In a series of e-mails with the court's travel coordinator, Rick Valadez, MacEachern reported that when she arrived at the conference, "there was a mix-up with my registration," so she "just sat in on the Judicial Excellence class on Monday." She also said she sat in on a domestic violence class Thursday.
MacEachern, confronted by Orange County Superior Court Presiding Judge Nancy Stock after an investigation by her office, conceded that she had not attended either of the classes and that her e-mail to Valadez was misleading, according to the commission. She then withdrew her claim.
"Mix-up" is a great catchall phrase that usually allows for back-pedaling. Unfortunately, it's hard to back-pedal out of trying to bill the state for your personal vacation. Oh well, more time for rollerblading!
* As a result of yesterday's decision by the Supreme Court in Heller, expect more gunfights and duels -- in lower courts and in legislatures. [New York Times; Washington Post]
* What, there were cases other than Heller decided yesterday? In other news, the Court struck down the so-called "millionaire's amendment" to McCain-Feingold. [New York Times]
* A statistical round-up of the SCOTUS Term just ended. [SCOTUSblog]
* Speaking of campaign finance, the Obamas, and some of their advisers and top fundraisers, have "maxed out" to the Clinton campaign. [CNN]
* I wish they all could be California.... air regulators. [Washington Post]
* Celanese sues Kaye Scholer for malpractice. [WSJ Law Blog]
* Gun enthusiasts are cheering the SCOTUS decision striking down the D.C. handgun ban. Indeed, it was a "call to arms" for the Illinois State Rifle Association-- they filed a suit challenging Chicago's handgun ban just 15 minutes after SCOTUS ruled. [CBS2Chicago]
If you're a full-fledged lawyer, your summer schedule probably doesn't change much from the rest of the year. But for law students, summer is a chance to get away from all our fellow type-A classmates and do something different, potentially more fun, and preferably not in the food service industry.
Some SEN cohorts are using their summers to spend time abroad, doing programs in Switzerland, Australia and the Philippines. But the two classmates inspiring the most jealousy this summer include one who is working at the Pentagon and got to meet Justice Alito, and another who is working for a movie studio and got to eat lunch next to George Clooney. Hmm, what if you had to choose between Alito and Clooney? It'd probably come down to your political leanings and other, um, preferences.
We know you guys probably got to travel to exotic places or meet judicial superstars during your summer jobs. Spill the details about your best law school summer experiences in the comments.
With the Dow Jones hitting new lows and many a company struggling to keep stock prices up, corporate types are challenged to get their businesses back in good shape.
Some do this by firing replacing those at the top. Some do it by streamlining (e.g. layoffs) and cutting back on expenses. Some do it by threatening the lives of executive officers and their families if they don't keep quiet about the company's troubled finances...
Well, at least one Canadian board chairman chose that last questionable tactic. From Courthouse News:
"Beginning in or around June or July 2007, and contrary to the corporation's public reporting, Garda World Security Corporation was apparently experiencing serious financial problems. The operating results with respect to the corporation's cash logistics business were apparently so at variance with its public reporting that defendant Stephan Cretier, the Chairman of the Board of Garda World Security Corporation and its largest individual shareholder, threatened Richard Irvin and other top executives of the company at a meeting in late November 2007, that if any of them leaked the true facts, he would use the corporation's security operatives to investigate the leak and would kill any executive and the family of any executive found responsible for the leak," the complaint states.
"As a result of this death threat, plaintiffs Richard R. Irvin and his wife ... have lived in fear for their safety and the safety of their family, and seek compensatory, emotional distress and punitive damages incurred as a result of this threat."
Unlike the crazy, homeless man in Tampa who will be facing jail time for threatening the President, it sounds like Cretier had seriously thought out his chilling death threat. We're more media than business types at ATL, but we think death threats aren't the best tool to use in negotiations.
According to Cretier's bio, he's a very successful entrepreneur: "Being a true visionary, he takes risks, seizes opportunities within the security field and motivates the people around him to outdo themselves." ...Or he'll have them killed?
Here in Washington, DC, there's a non-governmental organization on every street corner. So it should come as no surprise that our latest Career Alternatives post focuses on working for an NGO.
Several tipsters suggested the NGO career path as an appealing alternative to BIglaw life. Here's what one had to say:
Many staff, particularly executive directors, of international development/human rights NGOs are attorneys. In many instances, having a law degree now seems to be a prerequisite for success in this field.
While other degrees may lend themselves more obviously to certain types of NGO work -- e.g., master's degrees in international relations or public policy -- a law degree also confers a significant amount of credibility, according to a second source:
If you're looking for alternatives to practicing law, working with an NGO is a good alternative for lawyers (or bar failers who want to market themselves as having decided not to practice). It helps if you have previous experience in the field you want to work in, but a JD generally can be marketed as giving you experience in legal or policy analysis.
Interested in learning more? Additional detail, after the jump.
A friend who's working for the summer at the AG's office in Montgomery, AL, had the chance to work on a case in which the Alabama Court of the Judiciary removed Circuit Court Judge Stuart DuBose from the bench. From the Alabama Press-Register:
DuBose, 51, faced 60 ethics charges, stemming from a series of incidents in which the judge verbally abused attorneys and subordinates, attempted to influence fellow judges in matters of personal benefit and made statements that put his impartiality into question.
Sixty charges! And that description understates the insanity of this ex-judge's behavior. More on the alleged antics of this bizarre former jurist, after the jump.
Last summer, we wrote about the stinging benchslap that Judge Loretta Preska (S.D.N.Y.; pictured), the highly regarded Manhattan trial judge, administered to Cleary Gottlieb, the highly regarded Manhattan law firm. Judge Preska sanctioned the firm for what she viewed as the improper attempt by one partner to dissuade a witness from attending a deposition. At the time, Cleary announced its intent to appeal.
It was a matter of honor that brought Cleary Gottlieb Steen & Hamilton to the 2nd U.S. Circuit Court of Appeals Wednesday morning. Several lawyers from the firm, led by managing partner Mark Walker, were present in the ceremonial courtroom of the Daniel Patrick Moynihan U.S. Courthouse.
A matter of honor. Will there be a duel? Guns all around, says SCOTUS.
Well, maybe not a literal duel. But Cleary's counsel, the distinguished Roy Reardon of Simpson Thacher, did mix it up with opposing counsel, Kevin Reed of Quinn Emanuel. As did the Second Circuit panel:
The 2nd Circuit judges asked [Reed] whether Kensington had been unreasonable in insisting that the deposition be held on Feb. 4 in Washington when a Paris deposition seemed a reasonable compromise.
"Everything would grind to a halt if lawyers couldn't accommodate each other," said Judge Miner.
"Everything would grind to a halt if everyone resorted to self-help as Cleary did here," Reed replied. He later added: "You don't go to the witness and say the sort of things [Cleary partner Jean-Pierre] Vignaud said, which can only have the effect of intimidating a witness and shaping his testimony."
So the alleged attempt by Cleary to dissuade a witness from attending a deposition arose out of a familiar dispute over depo location. Perhaps the parties should have taken a page from Judge James Nowlin's playbook, and taken it to midfield. Anyone up for a depo on a north Atlantic cruise ship?
Thursday, June 26, 2008 11:36 AM - By Kashmir Hill
Homeless people on the East Coast seem to follow a migration pattern similar to that of birds. Florida in the winter, and D.C. and New York in the spring and summertime. (Washington is especially welcoming of the homeless, especially if they're running for president.)
Speaking of the homeless and the presidency, "mentally ill homeless" Timothy Wade Pinkston was still in Florida last August -- which is crazy in itself -- when he issued threats against President Bush. Despite his bipolar disorder and a substance abuse problem, he was taken seriously.
Now he's headed to federal prison for five years. From Breitbart (sh, don't tell the AP):
Timothy Wade Pinkston threatened in August to go to Washington and shoot Bush. At the time, the 48-year-old was committed to a hospital psychiatric unit.
Court records say he repeated the threat to Secret Service agents, saying he didn't like the president's foreign policy or his handling of the war in Iraq.
Pinkston told a federal judge in Tampa on Wednesday that he is HIV-positive and bipolar and has a substance abuse problem. He said he'd been taking drugs and drinking when he made the threat and didn't know what he was saying.
After a few drinks, we've been known to do things that were not knowing and willful. But we're wise enough not to do so when the Secret Service is around.
On the upside, Pinkston will no longer be homeless.
Update: The Court released its opinion in Heller, and it upheld the lower court's ruling that the D.C. handgun ban is unconstitutional on Second Amendment grounds. Justice Scalia wrote the opinion, with Justices Breyer, Stevens, Souter and Ginsberg dissenting. You can read the full opinion here. For excellent, ongoing analysis, see SCOTUSblog.
As you probably know, today is a big day for SCOTUS-watchers. The Court is expected to issue its three final rulings for this term today. The Justices won't return until October 6th.
Of today's three decisions, the most significant is District of Columbia v. Heller, the D.C. gun control case. The constitutionality of the District's 32-year old law banning the ownership of handguns is being challenged. The Court will decide whether to affirm a 2007 appeals court ruling that overturned D.C.'s ban on Second Amendment grounds and, by implication, whether such bans violate the Second Amendment's right "to keep and bear arms" by keeping individuals, as opposed to state militias, from owning handguns. The opinion should be released at any minute.
Here's the AP's sparse background summary of the case, and here's CNN's more thorough discussion. If, however, you want minute-by-minute coverage, SCOTUSblog has a running feed set up so you won't miss a thing.
* Who saw an episode of Dateline NBC's "To Catch a Predator" and didn't anticipate a lawsuit? [CNN]
* SCOTUS may heart child rapists, but Obama wants you to know that he doesn't. Not anymore, at least. [New York Times Politics Blog]
* A decision in the D.C. gun control case, Heller, is expected today. [Washington Post]
* Democrats in the Senate failed to get enough votes to filibuster a bill that would protect telecommunication companies from lawsuits over the warrantless-wiretapping program. [CNN]
Today, barring some unforeseen development, the U.S. Supreme Court will hand down its decision in the D.C. gun control case, District of Columbia v. Heller. Heller is truly a blockbuster case, and the ruling -- the Court's first major pronouncement on the Second Amendment in 68 years (or arguably ever) -- is one of the most eagerly anticipated of the entire Term.
When Heller was argued back in March, numerous people camped out overnight to secure seats in the courtroom for the historic proceedings. As you may recall, we took an ATL Field Trip to visit them (see here and here). We now revisit that day, in advance of the opinion hand-down later this morning, and pass along some photos we took of the Heller campers (and neglected to share before).
The mood among the crowd in front of One First Street was festive. The group included law students and recent alumni from Harvard, Duke, Georgetown, and GW law schools. The first seven people in line had camped out the night before our visit, meaning that they wound up sleeping in front of the Court for two consecutive nights to snag their coveted seats. There were also numerous members of the media present (e.g., a Swiss TV crew).
We took an informal survey of the first 20 campers, to find out their views on the case. Fifteen of the 20 supported Heller and an individual right to bear arms (although their views differed somewhat on what might constitute reasonable regulation). Four were in favor of the D.C. gun ban in its current form. One described himself as a "swing vote," a la Justice Kennedy.
We also took some photographs. The picture appearing at the top of this post is of Richard Hohensee, previously introduced to ATL readers here. You can see the rest of the pics, which together constitute a photo essay of sorts about the Heller case, by clicking here (or on the Picasa web album link below).
* An excellent online chat with Tom Goldstein, of Akin Gump / SCOTUSblog fame, about today's rulings. Thanks for the shout-out, Tom! (Scroll down to the query posed by "Blogs.") [Washington Post]
* Is calling a judge an "evil unfair witch" who is "seemingly mentally ill," in comments posted to a blog, protected speech under the First Amendment? We certainly hope so. [JAABlog]
* Guys at my high school got jailed for 48 hours all the time, it was no big deal. [National Law Journal]
* Lawyer reprimanded for conduct "so ignoble as to bring the legal profession in disrepute." [Sack Bagley]
* The New York Sun editorial board defends the free-spirited Chief Judge Kozinski. [New York Sun]
Summer associates, hopefully this thread has no relevance for you. But for everyone else out there, here's a question for your consideration: What should you wear to work on the weekend?
That's the subject of discussion over at Corporette:
It's the Aughts, and Blackberries and the Internet mean most work can be done from home. Still, there are times when there's just no way around it and you've got to go in. This presents a special challenge: you want to look cute, cool, hip -- but you've also got to look professional. If the hours are long you're going to want to be extremely comfortable. Odds are good the air conditioning will be at full blast, so you also want to be warm.
We've found a bunch of great jackets that have a structured look to them, yet they're made of fleece, jersey, and other fun fabrics -- they're almost as comfortable as your old reliable sweats. With a nice (non-ripped) pair of jeans, and a cute pair of closed-toe shoes (or even nice sneakers) these can maintain your dignity, broadcast your cool, and protect your comfort.
To see the super-cute ensembles they've assembled, click here.
Alas, the Corporette outfits are just for ladies (and maybe Divljan Shatterhand Steele). What about for men?
Our view would be that "extra-casual" business casual would be acceptable if you have to go into the office on a summer weekend. For example, you can probably get away with khakis or cotton trousers -- even if normally business casual means dress pants or wool slacks -- and a polo shirt. Just err on the side of a shirt with a collar.
We wouldn't recommend ripped jeans and a t-shirt. You never know what workaholic partner might be prowling the halls on a Sunday afternoon. Rodge Cohen, holla.
But that's just our view -- and maybe we're out of touch, since we've been working from home for the past few years. Feel free to agree or disagree, in the comments.
Update (4:55 PM): Kids these days. They have sexually explicit IM chats on public computers. They enjoy wrastlin' with the partners. And based on the comments thus far, they wear whatever the heck they want when they go into work on the weekend.
Television jurist Judith Sheindlin, aka "Judge Judy," is one tough customer. No matter what you do, don't pee on her leg and tell her it's raining.
But it seems that there's a real-life "Judge Judy" who may be similarly difficult. From the ABA Journal:
A Seattle-area judge has been accused of routinely interrupting litigants and lawyers and addressing them in a manner that is "angry, disdainful, condescending and/or demeaning."
The state Commission on Judicial Conduct claims in a statement of charges (PDF) that Judge Judith Eiler treated lawyers and self-represented litigants in a way that is "rude, impatient, undignified and intimidating," the Tacoma News Tribune reports.
Eiler underwent behavior therapy with an emphasis on sensitivity training after she received a reprimand in 2005 for impatient and rude behavior, the story says.
It seems that Her Honor may be something of a rudeness recidivist. Is this proof that "sensitivity training" is just a big old waste of time? Or is Judge Eiler just auditioning for a TV judge gig of her own?
P.S. Compliments to the crew at Wired on their photoshop skills, which you can see by comparing the two photos at right.
An observant tipster directed our attention to a fascinating excerpt from the Inspector General's report (PDF) about the politicization of hiring at the Justice Department's Honors Program. From page 59:
The Civil Rights Division had 24 of its 52 candidates deselected, and appealed 1. That candidate was a student at Harvard Law School with an A- grade average, had interned at the U.S. Attorney's Office in the Eastern District of California, and was strongly recommended by an attorney in the front office of the Civil Rights Division who knew him.
Rena Comisac, Principal Deputy Assistant Attorney General for the Civil Rights Division, told us that after the appeal was submitted, [Michael] Elston informed her that the Screening Committee had found an article on the Internet in which the candidate was quoted as expressing regret that he had not participated in the 1999 World Trade Organization (WTO) protests in Seattle. According to Comisac, Elston said that if the candidate wanted to participate in the Seattle WTO protests, which in Elston's opinion were close to a riot, then the candidate would not hesitate to chain himself to the front steps of the Department if he did not like the way something was being done. Comisac told us that it was clear to her that "any additional appeals would not be productive" and that she decided not to pursue the matter further."
Now we wonder who that might be. A Harvard Law School student with an impressive academic record, who has ties to the Sacramento area (E.D. Cal.), and who has publicly expressed regret about missing the 1999 WTO protests....
This week brings more law firm merger news. These two deals are hardly earth-shattering, but they are noteworthy (and coincidentally both involve firms with "Sanders" somewhere in their name -- the Colonel would be proud).
One of them may create a new Am Law 100 firm, as noted today by the American Lawyer:
The recently merged Husch Blackwell Sanders has merged once again, this time with Chicago-based intellectual property litigation boutique Welsh & Katz, the firms announced Monday. If ranked today, the combined firm, now called Husch Blackwell Sanders Welsh & Katz, would place 88th on The American Lawyer's Am Law 100 list, according to their combined gross revenues.
Firm co-chair David Fenley says the gross revenue will "be a smidgen beyond $300 million" in 2008, which, if ranked today, would place it above Pepper Hamilton's current $297 million, the firm with the 88th-highest revenue in 2007, and below Littler Mendelson's $305 million, which placed 87th.
The shops sound well-matched:
Both their personalities and the firm cultures meshed, adds [managing partner A. Sidney] Katz. For one, neither firm maintains any debt. And both firms focus on attorneys' quality of life above profitability, he explains. Further, profits per partner at both firms are in the $600,000 to $700,000 range and Husch agreed to take on all of Welsh's 14 equity principals (the firm is organized as a corporation) as equity partners.
Ah, the elusive "quality of life." Our second featured merger, combining Troutman Sanders (Am Law #75) and Ross Dixon & Bell, led one tipster to express concern on that front:
It just seems a little alarming that all the mid-size and smaller firms are getting gobbled up. Makes me wonder if it's even possible to have a smaller "quality of life" firm (which is how Ross Dixon billed itself when it spun off from Hogan). (See also Kelley Drye buying out Collier Shannon Scott in DC).
From this morning's press release announcing the deal:
The law firms of Troutman Sanders LLP and Ross, Dixon & Bell, LLP announced today they will merge, creating a 750-attorney firm with national and international reach and unparalleled depth.
The merger, approved by the partnerships at both firms and effective Jan. 1, 2009, combines Troutman Sanders' multi-faceted corporate, finance, litigation, real estate and public policy practices with Ross, Dixon & Bell's exceptional insurance, professional liability and commercial litigation practices, among other synergies.... The merged firm will be named Troutman Sanders LLP and will remain headquartered in Atlanta. It will have about 1,700 employees.
More opinions on the Troutman Sanders / Ross Dixon combination, plus links to articles and press releases, below the fold.
Back in February, we found that about 13% of associates would like to go in-house "as soon as possible," and another 38% hoped to do it "eventually."
Hours were, by far, the most cited reason for associates to go in-house:
• Over 82% percent of associates viewed the lack of billable hours as a tempting aspect of in-house life.
• Better hours and better quality of life were also each cited by almost 80% of associates.
• Almost a third of associates liked the idea of "being part of the company", and about a quarter thought that the ability to work with just one client was appealing.
• Only twelve percent of associates thought that in-house work would be more interesting, and less than nine percent expected better pay.
With transactional work continuing to slow down, today's ATL / Lateral Link survey asks whether things have changed.
Are you more eager to go in-house today, or do you think that the cat picture to the right pretty much sums it up?
Update: This survey is now closed. Click here for the results.
No, not really. The sensationalist headline of this post is issued with tongue planted firmly in cheek.
But yes, the U.S. Supreme Court just handed down two big opinions, ruling in favor of Exxon (vacating the Ninth Circuit's affirmance of the $2.5 billion punitive damages award to victims of the Exxon Valdez oil spill) and a child rapist (holding that imposing the death penalty for child rape, in a case where defendant's acts were not intended to cause death, violates the Eighth Amendment).
Still at large: Heller, the D.C. gun control case. Tom Goldstein speculates that Justice Scalia will be writing the principal opinion.
For more on today's rulings, see the links below. If you have an opinion on them, please share it in the comments.
Howard Kieffer is a nationally-recognized BOP and post-conviction specialist based in Santa Ana, California, just south of Los Angeles. He frequently works as a consultant with defense attorneys nationwide and has lectured at numerous conferences, including programs presented by NACDL, the ABA and AFDA.
Mr. Kieffer is the founder and moderator of BOPWatch, a Yahoo-based online news service that provides daily coverage on BOP topics and general news pertaining to federal criminal enforcement. To visit or sign up for BOPWatch, go to the following web address: http://groups.yahoo.com/group/BOPWatch/
According to the Denver Post, Kieffer's expertise on the Bureau of Prisons comes from being inside one... serving time for grand theft and filing false tax returns. He may be headed back to prison soon for misrepresenting himself as a licensed attorney.
Kieffer claimed to have a law degree from Antioch School of Law (nope), claimed to be a member of the ABA and National Association of Criminal Defense Lawyers (nope), and claimed to be admitted to practice law in North Dakota (nope). He did manage to gain membership to the Federal Bar Association.
A California man misrepresented himself as a licensed attorney in at least 16 cases at 10 federal courts since 2004, including the case of an NHL player who pleaded guilty to hiring a hitman to kill his agent and a murder-for-hire trial involving an Aspen woman, according to records obtained by The Denver Post.
Clients and lawyers knew Howard O. Kieffer, 52, as a capable attorney specializing in federal sentencing and plea negotiations through the Santa Ana, Calif.-based Federal Defense Associates legal office, where he worked as executive director.
Sometimes practicing law is more about balls than a law degree. More on how Kieffer duped just about everybody, after the jump.
* Not a "friend of Angelo": Illinois to sue Countrywide Financial for unfair and deceptive practices. [AP]
* Speaking of troubles in the mortgage and house markets, housing relief legislation is on the verge of approval. [New York Times]
* Senate confirms five new FEC commissioners, ending six-month impasse. [Washington Post]
* Italian businessman Raffaello Follieri, ex-boyfriend of Anne Hathaway, charged with conspiracy, wire fraud and money laundering in an alleged real-estate investment scam. [WSJ Law Blog]
* "Naked Cowboy" can proceed with some claims against the maker of M&Ms. [CNN; WSJ (PDF of opinion)]
Last week we received an email from our law school alumni office with the subject heading "Yale Law School Job Opportunities for Alumni." It directed our attention to this web page, which currently lists four job openings: Deans' Fellow; Director of Recruitment; Director of Public Interest Programs; and Executive Director, Law and Media Program. Some of these posts sound quite interesting, and all list a law degree as a preferred or required credential.
Inspired by this email, we bring you our latest post about a career alternative for attorneys -- a job open to JDs who can't get, or don't want, to work as a law firm associate or contract attorney (the two most obvious options for law school graduates). Today's topic: working as a law school administrator.
A tipster who used to work in the financial aid office of a top law school writes:
[A] good topic for your career alternatives series would be careers in Law School Administration. This does not cover tenure-track academia, which is typically out of reach for 99% of law graduates, as you know.
Yes, that's right. If you want to be THE dean of a law school, you should first land a tenure-track job as a law professor (which is no easy feat). But landing a position as an assistant or associate dean with a specific portfolio may be more attainable. Our tipster continues:
With about 200 accredited law schools, there is not only a huge need for gullible students to fill all of those seats, but also administrators to care for them and listen to their complaints. Schools are frequently expanding their administrator ranks to deal with the younger generation of law students who have high expectations and need a great deal of hand holding about everything from stress to career options to how to deal with that C+ in Contracts. Recently it seems schools are giving more preference for a JD for many positions, and amazingly enough there are lots of lawyers eager to jump back into the school they complained about so much for 3 years.
In addition, the field of law school administration attracts a high number of hotties. See our Law School Dean Hotties contest: male contestants here, female contestants here, winners here.
For those of you interested in the field of law school administration, more information -- an overview of different subject areas, salary data, etc. -- appears after the jump.
Last week we complained about an insufficient number of summer associate scandals so far this year. But maybe things are starting to pick up.
We begin by giving props to Proskauer Rose for their commitment to public service. They bring all their summers down to New Orleans to work on a Habitat for Humanity project. From the press release:
On Friday and Saturday, June 20 and 21, law firm Proskauer Rose LLP will work with Habitat for Humanity to build three houses in the Musicians Village' section of the 9th Ward of New Orleans. The firm aims to help families displaced by Hurricane Katrina, giving them a place to once again call home.
Proskauer Rose summer associates, lawyers and staff, including Howard Shapiro, head of the firm's New Orleans office, and local Habitat for Humanity representatives will be available for interviews and photographs during the house building. The houses will be located at 1817, 1821 and 1825 Bartholomew Street and work will take place from 8:00 a.m. to 3:00 p.m. both days. A check presentation ceremony will take place Friday, June 20 at 8 a.m. at 4000 North Roman Street.
Proskauer Rose is bringing together 90 summer associates, lawyers and staff from its New Orleans and national offices to participate in the event. The firm will also donate $75,000 to Habitat for the cost of one of the homes. This is the third consecutive year the firm has participated in and sponsored such an event.
So that's the background. Read the story, after the jump.
Some of you may recall our coverage (here and here) of Justice Antonin Scalia's recent talk to promote his new book, Making Your Case: The Art of Persuading Judges. The event took place here in Washington, D.C., in early June. As you can tell from our write-ups, we enjoyed the evening greatly (and will always treasure our signed copy of Justice Scalia's book).
But not everyone left a happy camper. We received a heartfelt letter from an ATL correspondent whom we shall refer to only as "Nino Fanboy." He sent the following letter to Justice Scalia, on the day following the event. We received a copy more recently. It begins:
Dear Justice Scalia:
I attended your book signing [on June 3rd] sponsored by the Federalist Society. For years now I've been a fond fan of yours. I would even call you my intellectual hero. I've always admired your charm and wit. But last night my image of you turned sour.
Several years ago I purchased a copy of A Matter of Interpretation [Justice Scalia's 1997 book]. It has been a source of inspiration to me. I consider myself an ardent defender of Originalism. I attend the Catholic University, Columbus School of Law, and have engaged in several debates with classmates on the proper role of the courts and the best method of interpretation.
I bought a copy of A Matter of Interpretation (from which you received royalties) in the hopes that one day I would meet you and you would sign it. Last night I thought I'd found my opportunity. But I was waived [sic] away by you like a servant to a "philosopher king."
Read the rest of Nino Fanboy's strangely moving letter -- this is just the tip of the proverbial iceberg -- after the jump.
Could this be a mini-U.S. Attorneys firing scandal in the making? That's what a just-released report from the Justice Department's inspector general seems to suggest. From the New York Times:
Justice Department officials over the last six years illegally used "political or ideological" factors to hire new lawyers into an elite recruitment program, tapping law school graduates with conservative credentials over those with liberal-sounding resumes, a new report found Tuesday.
The blistering report, prepared by the Justice Department's inspector general, is the first in what will be a series of investigations growing out of last year's scandal over the firings of nine United States attorneys. It appeared to confirm for the first time in an official examination many of the allegations from critics who charged that the Justice Department had become overly politicized during the Bush administration.
One reader who sent the article our way wrote: "Shocker." A second quipped: "Quelle surprise." To read the 115-page report, click here (PDF, via the WSJ).
Update: From a tipster comes this interesting info:
DOJ hiring practice report out. Doesn't look good, though I would certainly say they've revamped the system in the last year or so. I was hired through Honors last fall to start this coming fall, and my resume is very leftist. I can say the same for two friends who were also hired through Honors last year.
Further Update: Lots of good stuff in the comments, including highlights from the report. E.g.:
This actually happened late last week, so perhaps David Jones should be our "Lawyer of a Few Days Ago." We apologize for the tardiness. But we aren't regular readers of the Fresno Bee:
A former prosecutor accused of stealing the identity of his former mistress and posting sexually explicit items about her online pleaded guilty Thursday to one charge of false impersonation.
David Evan Jones, 46, who pleaded not guilty in February to three felony charges, was in Fresno County Superior Court on Thursday for his preliminary hearing when he entered the guilty plea. Charges of stalking and identity theft were dismissed.
A prosecutor pretending to be a woman online -- what's the big deal? We have some experience in that department.
But wait, there's more:
Jones was accused of using Ramos' personal information to create fake online profiles of Ramos and post sexually explicit messages on two Web sites to entice men to contact her for sex.
The postings included information about where Ramos lived and worked and the location of a Starbucks she frequented near her home.
Ramos, 42, told investigators she was Jones' girlfriend for six years, but she broke off the relationship after Jones refused to divorce his wife.
Maybe Jones doesn't want to divorce his wife. But in light of this scandal, the feeling may not be mutual.
The personal injury attorneys at Connecticut law firm Silver Golub & Teitell, LLP are fighting back against the ambulance chaser stereotype embodied by Lionel Hutz of Simpsons fame. Check out this newspaper ad thoughtfully scanned to us by a tipster:
So... Personal injury and medical malpractice attorney = Trial lawyer = Gandhi. Nice formula!
When it comes to diversity, Disney World must think they've got it covered with the "It's A Small World" ride. A 24-year-old Sikh, who wears a beard and turban as part of his faith, says he was allowed to work for the company when he was costumed from head to toe, but was denied a job as a non-costumed street musician. Allegedly, those in charge of hiring -- or not hiring -- commented that Sukhbir Channa did not have the "Disney look."
Sukhbir Channa says that when he applied to be a trumpet player at Disney World, he was told he didn't fit the ''Disney look'' and would not be hired. The trumpet performance junior at the University of South Florida was seeking a job during the 2006 holiday season.
On Monday, Channa, 24, of Davie said he has filed a lawsuit against Disney, alleging the company discriminated against him because of his turban and bushy beard -- requirements of his Sikh religion. The suit was filed in Tampa, where the university is located and where the hiring process took place, and seeks $1 million in punitive damages....
''I was specifically told that I was qualified for the gig,'' Channa said Monday, but ``they told me anything that involved me being seen by the audience wasn't possible.''
The Sikh American Legal Defense and Education Fund (SALDEF) is part of the $1 million religious discrimination class action lawsuit against Disney. With only 500,000 Sikhs in the U.S., we wonder how many have actually applied for jobs with Disney. According to SALDEF's press release, Sikhs have been caught up in the wave of religious discrimination following September 11. Sikhism is closer to Hinduism than to Islam, but people must just get hung up on the beard and turban.
Would it have been more or less discriminatory if Disney had hired Channa, but only let him play in Aladdin parades?
* How do you define obscenity? Google knows it when it sees it. [New York Times]
* And how do you define obesity? In Japan, employers with employees who are overweight -- waistlines over 33.5 inches for men, and 35.5 inches for women -- face fines and increased government health insurance premiums. [CNN Video]
* Have a criminal record or psychological problems? Go work for the U.S. Capitol Police. [Washington Post]
We didn't forget to do a post today about a career alternative for attorneys -- a job open to JDs who can't get or don't want to work as a law firm associate or contract attorney. Our latest featured gig: conflicts analyst.
What's a conflicts analyst? A tipster explains:
I worked in the Conflicts department at a large firm before and during law school. They hire people with JDs to review and resolve conflicts resulting from both general daily intake (partner in NYC wants to sue X and has no idea that partner in SF represents X) and from mergers (firm sued Y in 1999, but prospective new acquisition represents Y in all its patent work - is this a conflict? do we need waivers?).
What are the pluses and minuses of conflicts analyst work?
The hours are usually decent, depending on the firm and whether or not there are a lot of mergers going on. It depends on the firm, you may be treated with respect by the practicing attorneys, or you may be treated like annoying red tape between them and a big bonus.
If this potential path interests you, read more after the jump.
Partners from the law firms of Kirkpatrick & Lockhart Preston Gates Ellis LLP (K&L Gates) and Kennedy Covington Lobdell & Hickman, LLP (Kennedy Covington) today voted to combine the two firms, effective July 1, 2008.
The combination creates a firm of more than 1,700 lawyers in 28 offices located throughout the United States, Europe and Asia, including the largest Carolinas presence of any global law firm. The firm will maintain North Carolina offices in Charlotte, Raleigh and Research Triangle Park.
In the comments to our earlier post about the merger talks, opinions were all over the map -- about Kennedy Covington's relative standing among Charlotte law firms, whether a merger would be good for the KC attorneys, and whether a merger would be a smart move for K&L Gates. What does everyone think of the merger now that it's a done deal?
Based on how her farewell email resonated throughout the blogosphere (and beyond), it would seem that former Paul Hastings associate Shinyung Oh has a knack for writing. The reactions to her dramatic, heartfelt goodbye email ranged from support and sympathy to outrage and anger. But whether readers agreed or disagreed with Shinyung Oh, clearly they were engaged by her story. Her writing struck a nerve.
We are therefore pleased and proud to welcome Ms. Oh to the blogosphere. Check out her new blog, Because you never know...., by clicking here.
She has a number of interesting entries already up on the site; click through to her blog and see for yourself. But here's a teaser, from the post Career Choice:
More than fifteen years [after college], I find myself in the same place, without a direction for my career, fretting about what to do with my life, and once again wondering if lawyers are ogres after all. So what do I have to show for my the past fifteen years of my life? I have no job, no baby, and ten pounds of left over fat that hang like pieces of a dead chicken. I own a house with a mortgage that exceeds the cost of several houses in the mid west. Oh, right, I can put "Esq." behind my name.
I've been spending the past month baby sitting our five year old yellow lab, and every time he sighs at me, I wonder if I've fallen in his estimation somehow.
Over the past few weeks, we've solicited recommendations for restaurants in various Biglaw cities. We've now compiled the lists of places where lawyers and summer associates like to wine and dine. We hope to help summer associates on lunch expense accounts find the hot spots. You'll find cities from coast to coast on the ATL lawyerly eats list, after the jump.
Sadly, we at ATL have not had the opportunity to visit all of these restaurants... yet. Next time we're in your town, we'd be happy to be taken out. Hint, hint.
Given our twin obsessions with the Harvard Law Review and Barack Obama, we are compelled to draw your attention to this interesting article, from the Politico (via a commenter). Summarizing Obama's tenure as HLR president, Jeffrey Ressner and Ben Smith write:
The eight dense volumes produced during his time in charge there -- 2,083 pages in all -- show the Review to have been a decidedly liberal institution, albeit one in transition as its focus on race and gender was contested by liberals and conservatives alike. Under his tenure, the Review published calls to expand the powers of women, African-Americans and the elderly to sue for discrimination.
But Obama, who this March referred to "identity politics" as "an enormous distraction," was not so easily pinned down. He published a searing attack on affirmative action, written by a former Reagan administration official. And when, in an unusual move, he selected a young woman from a non-Ivy League law school to fill one of the Review's most prestigious slots, she produced an essay focused on individual responsibilities as much as on liberties, criticizing both conservative judges and feminist scholars.
"I was very surprised and honored to receive the invitation, of course, as I was teaching at Maryland Law School at the time, and the Foreword typically is extended to more established scholars at 'top' law schools," Robin West, now a professor and associate dean at Georgetown Law Center, wrote in an e-mail to Politico.
For more on Professor West and her Harvard Law Review foreword, see the Volokh Conspiracy, where David Bernstein describes Professor West as "an inspired choice."
We received roughly 1,350 responses to last week's ATL / Lateral Link survey on whether you're busy, which suggests that maybe you're not.
Overall, things are looking slower than they did in December, with 28% of associates afraid that they won't make their hours this year, in contrast to 18% of associates in December.
The Charlotte market is in particularly rough shape, with 46% of respondents there saying they won't make their hours.
Is business slow? December 2007 vs. June 2008
December 2007
June 2008
Yes. I won't make my hours.
18%
28%
Yes, but I'll make my hours.
15%
12%
It's slow for others, but not me.
16%
14%
No.
25%
21%
No. We need more people.
26%
25%
As we found last year, real estate and structured finance attorneys are still very slow, with roughly half saying that they won't make their hours this year. But now the sluggishness has expanded into corporate work in general, with 43% of transactional attorneys saying they won't make their hours (roughly twice the number reported in December). Even tax attorneys, while still relatively comfortable compared to transactional associates, are more likely to report a slowdown at their firms, even if they expect to make their own hours.
On the bright side, however, litigation is beginning to pick up, with almost a third of litigators saying that their practices need to hire more people. Bankruptcy and restructuring attorneys were even more robust, with 52% calling for more bodies. And, of course, geek remains chic, with roughly 44% of patent attorneys calling for more patent lawyers. (Note, however, that this is actually down from about half of respondents in December.)
But does the big picture look like the photo above? With the pendulum swinging from transactional practices to disputes, will the ax be swinging, too? We'll report on our survey on job (in)security, which is still open, next week.
In the meantime, see breakdowns of who's busy by practice area, market, and seniority, after the jump.
Sometimes it seems like Duke University is as polarizing as Hillary Clinton. People love it or people hate it. Even before the lacrosse scandal. If the hate comes from jealousy over Duke being a top ten school with one of the best NCAA basketball programs in the country (in past years), perhaps people should start shifting their hate over to Stanford. Duke didn't even make it to the Sweet Sixteen this year.
We are not the only ones making the Duke inferiority argument. Duke's legal team basically used the "Duke football sucks" argument to win a breach of contract lawsuit brought by the University of Louisville. From the Courier-Journal:
U of L sued Duke for $450,000 -- or a series with another Atlantic Coast Conference opponent -- after the Blue Devils backed out of a four-game football contract with three dates remaining.
The contract called for a penalty of $150,000 per game if a date with a "team of similar stature" could not be arranged.
Duke's lawyers argued the Blue Devils, which have a record of 6-45 over the past five seasons, were so bad that any team would be a suitable replacement.
Judge Shepherd agreed in his summary: "At oral argument, Duke (with a candor perhaps more attributable to good legal strategy than to institutional modesty) persuasively asserted that this is a threshold that could not be any lower. Duke's argument on this point cannot be reasonably disputed by Louisville."
Duke football may indeed suck, but Duke's lawyers are pretty savvy.
Two weeks after the start of Monday Morning Quarterback, and the Chicago White Sox collapse continues much as I had predicted (41-34 overall; 4-8 in last 12 games). The Twins are now within 1 1/2 games of first place in the AL Central (40-36). The Tigers are quietly inching back (36-39, 5 games out). And even the Cleveland Indians are within reach (35-41, 6 1/2 games out). I'm still sticking with Detroit to win the division.
Last week, most commenters strongly opposed my suggestion for the Yankees to move Joba back into the bullpen. On Thursday, Joba made a strong case for why our readers might be right, pitching 5 2/3 innings of one-run ball against the San Diego Padres. Even more impressive for the Yankees, Joba's outing was followed by 2 1/3 innings of one-hit ball from relief pitchers Jose Veras and Kyle Farnsworth, who then turned the game over to Mariano Rivera in the 9th.
With that said, here are the arguments presented in this week's brief:
1. K-Rod will set baseball's all-time single-season save record in September. Currently, Bobby Thigpen holds baseball's record for saves in a season with 57. K-Rod, who already has 30 in less then than half of 2008, will not only break this record, but he will break it with time to spare. It's not about K-Rod being baseball's best reliever (that isn't the argument, although he is probably no. 2). It has to do with the Angels having a great starting rotation that keeps the team in almost every ballgame. Plus, with K-Rod likely to leave the Angels as a free agent after this season, don't expect manager Mike Scioscia to feel the need to save his arm for the long-term.
2. Tiger Woods's injury is actually a good thing for the PGA Tour. Although many sports analysts think Tiger missing the rest of the PGA season is the worst thing that could happen to golf, Tiger's absence is only going to build interest in the world's best golfer, leading up to his 2009 return. Look for Tiger to return in 2009 with a ratings bang, as even many non-golf fans tune in to see if Tiger regain his old form.
3. Laurence Maroney will rush for more than 1200 yards this season. I know Maroney has never rushed for many than 835 yards in a season; however, the shoulder and groin injuries that plagued him for the first half of last season finally seem healed. As opposing defenses focus more on stopping the Patriots passing game, look for Bill Belichick to counter with more running plays, making this the year that Maroney really breaks out. A strong season from him will be the Patriots key to making another Super Bowl run.
So that's my opening brief. File your respondent's brief, or amicus brief, in the comments.
* Despite convictions and prison time for some high-profile plaintiff's lawyers, the "tort wars" rage on. [New York Times]
* The Bear Stearns fund-manager indictment: a cautionary tale. (Pictured: Matthew Tannin, indicted on mail fraud and conspiracy charges.) [WSJ Law Blog]
* An ex-prosecutor in New York says he threw a case because he believed the defendants were innocent. [New York Times]
* Ammo-smuggling pastor set free by Russian court. [CNN]
* Chief Judge Kozinski lawyers up. [Daily Journal (link unavailable) via WSJ Law Blog]
* A profile of a well-to-do Long Island couple convicted of forced labor, peonage and harboring aliens (domestic workers from Indonesia). [New York Times]
Welcome back from the weekend. We hope you had a good one.
This past Saturday, June 21, marked the official start of summer. If you're planning to beat the heat this year by spending time out in the Hamptons, you might be interested in this new offering, from our sibling site, Dealbreaker:
Worn out by an ugly day in the markets? Don't worry, you still have time to sign up for BeachComber, DealBreaker's summertime email-only special newsletter.
If you missed the big news earlier this week, DealBreaker is launching a weekly newsletter focused on escaping work and engaging in leisure. Every Friday afternoon we'll update you on the expected weather, traffic and parties you'll be encountering in the East Egg of the twenty-first century. We might throw in a couple of links to business stories too.
BeachComber is free. You can sign up below by simply entering your email address.
Rumors of layoffs at Powell Goldstein have been swirling about for some time. But until now they've just been rumors.
This afternoon, James J. McAlpin, Jr., chairman of Powell Goldstein, confirmed the cuts for us. We emailed him and mentioned some of the numbers we've been hearing. He responded:
Although the reason for your interest in our internal business operations is a mystery to me, in an effort to prevent you from publishing a ridiculous number with respect to lay offs I can tell you the following.
As a result of the general economic situation and its effect on law firms, including our firm, we have needed to reduce operating expenses this year. This has included a reduction of staff across administrative departments and offices, and totaling less than 10% of our overall staff.
We have, unfortunately, also had to reduce our associate and counsel ranks in practice areas most affected by the current state of the economy. The number of associates and counsel involved in this action was less than 10. Jim McAlpin
We thank Mr. McAlpin for the information. As for the reason for our interest in law firms' internal business operations, well, it's kinda our job.
We continue to chronicle layoffs at the nation's major law firms. If you have information that hasn't been previously reported, please email us (subject line: "Nationwide Layoff Watch"). Thanks.
In our continuing series of open threads on career alternatives for attorneys -- i.e., "things you can do with a law degree other than Biglaw (or contract attorney work)" -- we've covered a number of interesting areas. Thus far we've written about lawyers at accounting firms, law librarians, and law firm recruiting coordinators / directors.
Today we peer at a profession that's more removed from the legal realm, but where legal training is still helpful and valued: public relations (at a PR agency; PR professionals who work for law firms will be covered later). A tipster tells us:
While I have nothing quite as clever as Manager of Legal Sea Foods, I can propose a career that has unlimited earning potential, bonuses and still allows a JD the opportunity to be involved in interesting and high-profile issues: public relations. Several of the top agencies today, including those specializing in issues management or crisis communications, have positions available for lawyers (or recovering lawyers).
At my last agency, I worked with a total of seven, most of whom attended Top 15 law schools. Most of our clients were involved in product recalls, discrimination lawsuits, predatory lending practices, patent disputes, etc. The work was highly confidential and occasionally involved a good courtroom battle, aside with the typical battle with the NYT. Since we dealt with the general counsel's office most of the time, it was a tremendous asset to have someone who understood their "language."
Sounds like fun. And considering that both legal and PR types are talented talkers, skilled at the art of spin, public relations seems like a good fit for lawyers (or aspiring ex-lawyers).
Okay, we're sold on the substance of the work. What about the pay?
The latest Job of the Week, brought to you by Lateral Link, is perfect for a junior associate looking to move to a small in-house department in a unique industry. This past week, Lateral Link members accepted offers with Mayer Brown (Chicago), Quinn Emanuel (New York), Fish & Richardson (Boston), and Gibson Dunn (Los Angeles and San Francisco). Each of these members will receive Lateral Link's standard $10,000 signing bonus.
Position: Junior Corporate Counsel
Location: Orange County, CA
Description: This Orange County-based, sophisticated cosmetic and skin care company seeks a junior corporate/contracts lawyer (2-5 years) to join its small, collegial, and team-oriented legal department, in Irvine, CA. This position will report directly to the General Counsel. The ideal candidate will come from a large law firm environment and have excellent academic credentials. The candidate must be able to work independently and collaboratively in a friendly, fast-paced environment. California Bar Admission is strongly preferred.
Responsibilities will include drafting, reviewing and negotiating all forms of contracts and third party agreements, including, but not limited to, supply agreements, IT consulting agreements, non-disclosure agreements, leases, vendor contracts, distributor agreements, and other agreements originating from the Company's various business groups. This attorney will have extensive interaction with senior executives and business people in product development, marketing, finance, supply chain and other business lines. In addition, the lawyer will work with outside counsel often. This position offers a great work-life balance and control over hours in a growing, dynamic work environment.
For more information about this position, or to apply, please see Position 9277 on Lateral Link. Current members can also contact their personal search consultant directly to discuss this position. Membership in Lateral Link is free, and you can apply at www.laterallink.com.
Congratulations to Judge G. Thomas Porteous Jr. (E.D. La.), our latest Judge of the Day. As a two-time winner (he was previously honored in here), Judge Porteous now joins the JotD Hall of Fame. Along with his fellow inductees -- Chief Judge Edward Nottingham, and Judges Samuel Kent and Elizabeth Halverson -- he is no longer eligible for recognition as a Judge of the Day, having transcended the award.
A panel of the nation's highest judiciary found substantial evidence that U.S. District Judge Thomas Porteous committed perjury, accepted gifts from lawyers and violated other criminal and ethical standards, according to its impeachment recommendation sent to Congress.
The U.S. Judicial Conference, led by Supreme Court Chief Justice John Roberts, decided unanimously Wednesday to forward the misconduct investigation to the U.S. House of Representatives. The action could set the stage for the first Senate impeachment trial of a federal judge in 19 years.
When judges discipline themselves, they tend to go easy. If the Judicial Conference has unanimously voted to turn a matter over to Congress, you know it stinks to high heaven.
Many lawyers are charitable creatures. Because lawyers are good people. For those working in Biglaw, all that disposable income -- and the corresponding need for tax deductions -- can make giving to good causes a little easier.
We receive many requests from benefit organizers for promotion on Above The Law. We consider ourselves good charitable creatures here at ATL, but we have a responsibility to our readers to stick to important news items, like raunchy internet chats, embarrassing summer associatestories, top ten music lists, and irreverent commentary on plus-size judges.
But we've created a part of the site, the ATL Community, where the bleeding hearts among you can post information about charitable events. There are a few events there now, including Just Art 08!, to be held in NYC on June 25. If you have a charitable event you'd like to promote, please feel free to plug it in the Community section.
If you have any charity left in you after making donations to your favorite law school, check out the ATL Community site for legally-related giving opportunities. Okay, that's all the goodness we have in us for today. Time to get back to the news.
P.S. Speaking of charitable benefits, congratulations to Hope for Vision, previously mentioned here and here, on its recent successful event. Props to Jones Day, which presented the organization with a $100,000 check to kick off its 20/20 Vision Campaign.
After the Boston Celtics emerged victorious in their match-up with the L.A. Lakers, Bostonites were thrilled. They had that kind of mad happiness that can veer off into loss of reason, then violence. Unfortunately, when the madness took over, a crowd of Celtic fans was in front of the offices of Greater Boston Legal Services.
From the Massachusetts Lawyers Weekly's news blog, The Docket:
Two days after the Boston Celtics grabbed the NBA championship for the first time in decades, and as jubilant fans were toasting the team at a victory parade, Robert A. Sable was walking on broken glass in the ruined offices of Greater Boston Legal Services.
GBLS' offices, which are off Causeway Street near the TD Banknorth Garden, bore the brunt of one fan's exuberance after the championship win. Now its newly renovated lobby is destroyed.
"We probably spent at least $300,000 [on the lobby]," says Sable, who is GBLS' executive director. "We had brand-new windows, brand-new furniture and a really nice kids' area."
Ironically, the fans were trying to make their way to bars on "Friend Street." Because the police had blocked off "Friend," the crowd got angry. Here's the video from YouTube:
Well, maybe not "near you," unless you live in Chicago. But still, this is big news -- and could mark the start of a trend. From Inside Higher Ed (via TaxProf Blog):
Northwestern University is today announcing a new choice for those applying to its law school: a degree in just two years.
Such an option would have been impossible until 2004, when the American Bar Association lifted a requirement that law degrees follow six semesters of instruction. In 2005, the University of Dayton introduced a two-year option that officials there say has been a success. Northwestern is among the bigger names in legal education, however, so its move may have more of an impact.
How will this work exactly?
Northwestern law students [in the two-year program] will begin their courses the summer immediately after they are admitted, rather than in the fall. Then students would enroll in the regular fall and spring semesters for the next two academic years, leaving time for the traditional law internship between the two full years. Students would complete the same number of courses and credits in the two- and three-year programs, with accelerated students simply taking an extra course most semesters.
Will this give students a break on that hefty law school tuition? Not necessarily:
David Van Zandt, dean of the law school, said in an interview Thursday that no decision had been made about whether tuition would differ for the program. While Northwestern currently charges tuition of $42,672 for a year of law school, Van Zandt said that the decision may be to charge by the program and not the semester. The financial attraction to the program, he said, is much more likely to be the ability to be earning a salary a year earlier -- not an insignificant matter when many Northwestern law grads pull in $150,000 to $200,000 in their first jobs....
Some legal academics at other schools are critical of the idea. From the Chicago Tribune:
University of Chicago professor and former dean Geoffrey Stone called the two-year program "irresponsible" and said it risked producing inferior lawyers who haven't had time to develop intellectual and analytical skills.
"My sense is that compressing the educational process is likely to seriously derogate from the quality," he said. "What is lost is likely to be much more than anything that is gained by hustling the students through more quickly."
Additional critics are quoted in the Tribune piece (including Larry Solum, of Legal Theory Blog). On the other hand, we've often heard it said that the 3L year is a colossal waste of time.
What do you think? Read the complete piece over at Inside Higher Ed, which has additional details about the NU two-year program (e.g., 25 to 40 students to be admitted next year; a requirement of two to three years of "substantive" post-college work experience to be admitted). Then take our poll:
We resume our series of open threads on career alternatives for attorneys. If you have a law degree, but can't get into / aren't interested in Biglaw or contract attorney work, what are some other good options?
One of you snarkily suggested manager at Legal Sea Foods (which, by the way, has excellent clam chowder). But in an effort to cabin the universe of possibilities, we're going to focus on fields where a law degree adds significant value or is at least somewhat relevant.
Thus far we've discussed working as a law librarian or for a major accounting firm, two fields popular with holders of J.D. degrees. If you have a suggested alternative career path, please email us (subject line: "Career Alternatives"), and include some basic info about the field that you're nominating (e.g., how to get into it, pluses and minuses, salary data, etc.).
Today we're going to focus on the people who bring you aboard in Biglaw: law firm recruiting coordinators (or, to use the NALP terminology, "legal recruitment and attorney management professionals"). They're the law firm employees who work with law schools to set up the fall interviewing process, coordinate on-campus and callback interviews, run summer associate programs (read: plan awesomely fun events for aspiring pro wrestlers), and generally oversee the process of hiring and recruiting qualified attorneys at major law firms.
(Note: Also falling under the broad terms "legal recruiter" or "recruiting professional" are people who work for legal search firms / headhunters -- e.g., Kinney, Lateral Link, Mestel. We'll discuss them in a future post.)
If you're curious about opportunities in law firm recruiting departments, read more, after the jump.
A commenter recently nominated a former Georgia magistrate judge, D. William Garrett, as Judge of the Day. We gladly accept the nomination -- which was seconded by several tipsters by email, including one who requested a shout-out to David Bowie -- and crown Judge Garrett with this honor.
Some judges who are notorious for working their clerks too hard are called "slave drivers." [FN1] Judge Garrett may fit the term more literally, if the allegations are true. From today's Atlanta Journal-Constitution:
A former Fulton County magistrate judge, along with his son, a Forsyth County deputy, and his son's wife, have been indicted by a federal grand jury on human trafficking charges involving a nanny from India.
William Garrett Jr., 72, an Alpharetta lawyer; deputy sheriff Russell Garrett, 43; and Malika Garrett, 42, were charged in a nine-count indictment.
Russell and Malika Garrett, who have been married since 1993 and have two children, live in Woodstock. The couple faces charges of human trafficking, alien harboring, witness tampering and making false statements
In case you're wondering, William Garrett was a judge at the time of the alleged conduct. It appears he left the bench at the end of 2005.
There was a fierce battle for #1 law song between The Clash's "I Fought the Law" and Warren Zevon's "Lawyers, Guns, and Money." The Clash took home the prize. See poll results here.
There was some bellyaching about who should get credit for songs: the original creator or the performer. We think how you sing it matters. Bobby Fuller 4 pleasantly fight the law, while the Clash punk-rock the law, earning them the top spot. The song was originally written by Sonny Curtis and The Crickets. If you've actually listened to that version, kudos to you. You're a true music connoisseur, even if you don't rock.
Thanks to everyone who voted. Here's the official ATL Top Ten Law Song list:
1. I Fought The Law - The Clash [ Lyrics│YouTube ]
2. Lawyers, Guns, and Money - Warren Zevon [ Lyrics│YouTube ]
3. 99 Problems - Jay-Z [ Lyrics│YouTube ]
4. Folsom Prison Blues - Johnny Cash [ Lyrics│YouTube ]
5. We're All Winners, as arranged by Nixon Peabody [ Explanation]
6. Law and Order theme song [ YouTube│Dance Remix ]
7. Hurricane - Bob Dylan [ Lyrics│YouTube ]
8. Alice's Restaurant - Arlo Guthrie [ Lyrics│YouTube ]
9. I Fought The Law - Bobby Fuller 4 [ Lyrics│YouTube ]
10. The Road Goes on Forever - Robert Earl Keen [ Lyrics│YouTube ]
A little background on the songs appears after the jump. Warning: This is Above The Law, not Rolling Stone, so set your expectations for music analysis accordingly.
Curvaceous beauty Monica Lewinsky, who will go down in history as the world's most famous intern, once joked about going to law school. Instead she went to the prestigious London School of Economics, from which she graduated with a master's degree in social psychology.
Interestingly enough, Lewinsky wrote a law-related thesis: "In Search of the Impartial Juror: An Exploration of the Third Person Effect and Pre-Trial Publicity." So maybe she's leaving the door open to law school at a later point in time.
If Lewinsky decides in favor of a legal education, she might want to consider Washington College of Law (WCL), at American University. Based on an amusing instant-messenger chat that has been making the rounds recently -- we received it from half a dozen different sources, so it's in wide circulation -- it seems she'd fit right in.
If you have delicate sensibilities, stop reading now. But if not, check out the quasi-racy IM conversation, after the jump.
Thursday, June 19, 2008 10:58 AM - By Marc Edelman
Baseball is America's national pastime. So is litigation. In recent years, the two have converged in the most obnoxious way, with fans suing each other for ownership of home run balls.
On Monday, the Florida Marlins received a subpoena for video footage from Justin Kimball, a 25-year-old fan who attended the team's June 9th game. According to Justin, on that day he caught Ken Griffey Jr.'s monumental 600th career home run in his wool cap, but the ball was ripped away from him by a fan identified only as "Joe." Joe, however, contends that he caught the ball in his glove.
Last Wednesday, Justin filed a motion in Miami-Dade court, seeking a temporary restraining order prohibiting Joe from selling the disputed baseball. Although Justin's motion was denied, he plans to continue litigating.
This is not the first time that grown men have fought over a baseball. In December 2002, a California judge in Popov v. Hayashi (PDF) ordered two men, each of whom claimed to own Barry Bonds's historic 73rd home run ball, to equally split the proceeds. In that case, Alex Popov, owner of a Berkeley, CA health food restaurant, brought suit against Patrick Hayashi, a software engineer from Sacramento. Popov alleged that he owned Bonds's baseball because he was the first to get his glove on the ball, and that Hayashi tore the ball from his glove during the ensuing melee. Hayashi argued that he was the first to have actual possession.
Read more about the law of history-making baseballs, after the jump.
* Speaking of oil, contracts, and favors... big oil companies are ready to jump back into Iraq, via no-bid contracts with the Iraqi government. [New York Times]
You've seen many -- perhaps too many -- still photos of embattled Nevada judge Elizabeth Halverson. Now you can watch video footage of Her Honor, arguing before the Nevada Supreme Court last Friday. As Appealing in Nevada notes, "Don't blame Halverson's lawyers for this one. She filed pro se."
To put the clip in context, here's a bit of background about the case:
Proving she still has a few tricks the sleeve of her judicial robe, Judge Elizabeth Halverson has filed a writ of mandamus with the Supreme Court of Nevada claiming she is entitled to a six year term, and should not have to run for reelection this year. Halverson claims that the additions to judicial positions for the Eighth Judicial district in 2005 in SB 195, including her own department 23, with an initial term of two years, violates Nev. Const., Article 6, § 5, setting the terms of judgeships at six years. She's seeking to prevent the election for her seat from occurring.
Clever argument, although it does kind of suggest she despairs of winning reelection fair and square.
Judge Halverson covers a number of issues in her oral argument, including the relationship between ordinary statutes and the constitution, the uses of legislative history, and severability. Our favorite part takes place at around the 1:50 mark, when Judge Halverson emphatically states, "I don't see where the Legislature has the right to change a term in the Constitution in any way, shape or form. EV-ER."
The end of the clip is also amusing. As the commenter who brought the video to our attention points out, "Note the sarcastic smile on [Justice William Maupin's] face as he tells Halverson, 'I think we understand your argument.'"
* Hilarious, but depressing: essays from high school students taking the AP exam in government. Sample: "Strom Thurman was the first black man in Congress." [Supreme Dicta]
* Ann Althouse has some kind words for the Massachusetts School of Law and their upcoming conference on President Bush as a war criminal. [Althouse]
* If you're going to an Obama rally, leave the Muslim headscarves at home. [Instapundit]
* "German court rules against woman who claimed phobia of official letters." [AP]
* The Onion's take on L'Affaire Kozinski. [The Onion]
As we announced yesterday, we're doing a series of open threads on career alternatives for attorneys. If you have a law degree, but can't get into / aren't interested in Biglaw or contract attorney work, what are some other good options?
We kicked off the series with a post about job opportunities with accounting firms. If you have a suggested career path, please email us (subject line: "Career Alternatives"), and include some basic info about the field that you're nominating (e.g., how to get into it, pluses and minuses, salary data, etc.).
Back to law librarians. Longtime ATL readers know that they're hot, as reflected in our law librarian hotties contest (male nominees here, female nominees here, and winners here). And it sounds like their profession is, too. From an enthusiastic law librarian, who works for a university:
Don't forget law librarianship. Great hours, low stress, academic lifestyle, and the chance to abuse law students at will. Nothing could be finer.
Seriously, this a great profession. The work is interesting, law students and professors are intelligent and fun to work with, the stress level is low, the pace is comfortable, and I feel like I'm doing positive things for people. I have fun at work every day, and get many of the benefits of the law school academic lifestyle in spite of only having been in the middle of my class at [a top 30 law school]. There are plenty of jobs, many in very nice places to live. I highly recommend it.
Sounds promising -- especially the part about abusing law students. Read more, after the jump.
Some people just can't stay out of trouble. As soon as they get out of one scrape, they find themselves in another.
Take Gary Zerola, the dashing ex-prosecutor who was once named a "Most Eligible Bachelor" by People magazine. We named him Lawyer of the Day back in October 2007, after he was arrested in Miami for allegedly drugging and raping a college student.
As we previously reported, Zerola went to trial on rape charges in a different case and prevailed. In a second rape case, he was acquitted again. Charges in a third case, the Miami matter we originally wrote about, were dropped.
Now Gary Zerola is back in the news. From the Boston Globe:
Gary Zerola, a former prosecutor who was acquitted of rape charges, pleaded not guilty today in Boston Municipal Court to assault and battery on a police officer and other charges, after an incident downtown during Celtics victory celebrations last night.
Police apprehended Zerola at 1:45 a.m. after he was allegedly spotted urinating in public near State and Congress streets, according to Jake Wark, a spokesman for the Suffolk District Attorney's office. When asked what he was doing, Zerola allegedly used an open hand to strike a police officer in the upper right shoulder, Wark said.
Weak sauce, Gary. If you're going to hit a cop, make a closed fist.
Zerola, 36, ran but was quickly arrested on charges that also included disturbing the peace and resisting arrest. Judge Tom Horgan released Zerola on personal recognizance and scheduled a pretrial conference for Aug. 7.
Sounds undignified. Did he try to flee with his pants around his ankles? Was a big wet spot visible when he was arrested?
Wednesday, June 18, 2008 3:10 PM - By Kashmir Hill
[Ed. note: The title of this post is taken from our tipster, who helpfully explains what "matryoshka" are: "you know, those Russian dolls that fit inside each other." For more, see Wikipedia.]
A tipster from the NYU Journal of International Law and Politics is incensed by a scoring rubric that he or she is being asked to use to rate 2L candidates for Journal editor positions. The tipster takes issue with the "Diversity" section of the rubric, which represents 18 points out of the 100 possible:
Diversity - Max of 18 Points - ÂÂÂÂÂÂÂÂÂÂÂÂÂÂÂÂ____/18
Racial Minority/Ethnic Heritage 6 - ____/6
Sexual Orientation 6 - ____/6
Economic Hardship 6 - ____/6
Other (i.e. disability, age, etc) 6 - ____/6
We wonder about the standards set within the diversity categories. If you're only a little ethnic, do you get a 2? Would Obama get just a 3, since he's biracial? For sexual orientation, might someone who is not sexually oriented at all get more points for being celibate (and thus having more time to work on the Journal)?
Our tipster had more serious concerns:
My 3L colleagues and I on the NYU Journal of International Law and Politics are in the process of reviewing writing competition samples, resumes and personal statements to select next year's class of 2L staff editors.
The editorial board has provided us with a scoring rubric to help us rank the (anonymous) applications. There is a point designation for applicants that describe themselves as minorities or homosexuals.
To wit: being a racial minority or a homosexual or having "ethnic heritage" (don't we all have that?) is worth as many points as having an undergraduate degree in international studies, having a doctorate in international studies, and having authored a book on international studies . . . combined! Being 1/64 Cherokee or being attracted to other human beings with similar genitalia is worth as many points as speaking Mandarin, Swahili and Arabic . . . combined! (I could go on.)
And he or she does go on. Find the complete rubric, and the rest of our tipster's rant, after the jump.
We spoke with someone affiliated with the NYU Journal of International Law and Politics who explained that the rubric is created by the Journal's Board, which is composed of about 15 rising 3Ls. The person noted that the rubric is always controversial, but said diversity in background is an important factor as a proxy for diversity in opinion. The person disagrees with the tipster's characterization of the under-weighing of international studies experience as it's double-counted in the "International Interest and Experience" and "Editorial & Education" sections.
Does the rubric make sense? Judge for yourself, after the jump.
So far this summer has been a little slow in terms of juicy summer associate stories. Are SAs this year just too well-behaved for their own good? C'mon, kids -- lighten up, have some fun, drink a little (or a lot) at firm events....
Almost three weeks have passed since our last summer associate tale. So we were delighted to receive this gift in our inbox today, pertaining to a summer at Schulte Roth & Zabel in New York:
[A]t a summer event last night, one the Schulte summers -- let's call him Randy Savage -- unaware of the identity of a particular stranger, put him in a headlock and called him a (homophobic insult redacted) for wearing a Yankees jersey.
The stranger then asked Randy Savage: "Do you know who I am?" Randy Savage replied: "No, you punk."
Said "punk" turned out to be a Schulte partner. The fate of Mr. Savage is currently unknown.
Clearly it's the partner's fault for not looking sufficiently partner-like. It happens; we know some junior partners who still get carded. We hope the SRZ folks cut the guy some slack and keep him around, so he can proceed to embarrass himself at future events.
We reached out to the firm this morning to see if they might have any comment. They haven't gotten back to us as of the time of this posting.
As always, please don't name this summer associate or provide more biographical detail about him (e.g., his law school). If you do, we may ban your IP address from further commenting. Thanks.
Update: This comment from Dr. Gonzo says it all: "SNAP INTO A PARTNER!!!"
Wednesday, June 18, 2008 12:28 PM - By Kashmir Hill
We're not referring to the marketing version of branding, but the kind involving a scorching poker. Yesterday we reported on an eighth grade biology teacher who taught intelligent design and branded one of his students with the cross.
Today we bring you a story of a woman scorned. New Yorker Kristina Caban and her boyfriend are going to jail for five years for branding one of Caban's former one-night-stands. The alleged one-night stand had taken place two years earlier. Since we're mildly wary of quoting AP, here's Jezebel's rundown:
When a one-night-stand failed to call her again, Kristina Caban decided to lure him, years later, to a cheap motel room so she and her boyfriend could tie him down and brand his flesh with the letter "R." Samir "Sammy" Sara was enticed to a Chelsea hotel room by Caban with the promise of some midday nookie, the Associated Press reports; instead, Sara was met by Caban's boyfriend, Robert Testagrossa, and another as-yet-at-large thug, who tasered him, held him down and branded him with a heated metal wire in the shape of an R.
What does the "R" stand for? Revenge? Robert? Really bad in bed?
The heated brand part of the story makes it difficult to invoke the proverb about revenge being a dish best served cold.
Today we recognize former judge Verna Sue Holland, a retired trial court judge from Texas, as our Judge of the Day. And it's not because of her resemblance to Bea Arthur.
After hours of legal wrangling between attorneys and judges, including protests from leading legal ethicists over an alleged relationship between a judge and prosecutor in the trial of Charles Dean Hood, Tuesday passed without the Collin County murderer's execution....
About 4:30 p.m. Tuesday, without explaining his reasoning, a district judge in Collin County ordered the death warrant vacated and immediately recused himself from the case. The prosecution then repeatedly appealed to the Court of Criminal Appeals. The appeals court initially ruled that the district judge had no authority to act, but since he had recused himself, the appeals court also said it could not order him to reinstate the death warrant.
After more appeals from prosecutors, about 9:15 p.m. the Court of Criminal Appeals ordered Judge John Ovard, the regional presiding judge, to reinstate the death warrant. He did so shortly before 11 p.m.
But the execution didn't go forward last night, because "prison officials said they didn't have time to ensure it was conducted properly before the midnight deadline for the death warrant was to expire." As a result, Charles Dean Hood has a new (although likely temporary) lease on life.
And it's all thanks to Judge Holland. If she hadn't had an alleged affair with the District Attorney, Hood probably would have been executed by now. Nice work, Judge Holland!
So far we've received over 1,300 responses to Monday's ATL / Lateral Link survey on whether business is slow at your firm, and it didn't take long for one commenter to get . . . a bit blunt on his fellow readers:
12:37 - don't bother walking, you're about to be fired. If you were any good, you would have work to do. Partner's [sic] don't give work to crappy associates. It might be a good idea to polish up the resume now and get on Monster.com - then again, you can't polish a turd. LOL!
Ah, community.
Given the number of associates reporting a slowdown this year -- and last year -- the commenter may be somewhat overstating the "crappy associates" bit (and perhaps the "LOL!" part as well). But is he right about getting fired?
Last December, we found that roughly 10% of associates were afraid of losing your jobs, and another 12% were afraid for others but not themselves. How are you feeling today?
Update: This survey is now closed. Click here for the results.
Wednesday, June 18, 2008 9:46 AM - By Kashmir Hill
According to Sisqo, thongs are "what the guys talk about," "the finer things in life."
Macrida Patterson disagrees. She thinks thongs are downright dangerous, and she's filed a very un-sexy product liability suit against Victoria's Secret.
As she was attempting to put on a Victoria's Secret thong, a Los Angeles woman claims that a decorative metallic piece flew off the garment and struck her in the eye, causing injuries and a new product liability lawsuit against the underwear giant. Macrida Patterson, 52, alleges that she was hurt last May by a defective "low-rise v-string" from the Victoria's Secret "Sexy Little Thing" line, according to a lawsuit filed last week in Los Angeles Superior Court.
Usually we'd write a salacious post about such material. But all we can see in our mind's eye is a big woman trying to squeeze into an itty-bitty thong, and a piece of metal taking flight due to the stress.
Perhaps Patterson has "dumps like a truck truck truck" (whatever that means), and should have stuck to Victoria Secret's "Sexy Little Larger Things."
P.S. Is the Victoria's Secret legal department hiring? Between thong lawsuits and bra design litigation, they must be pretty busy over there.
We have. So, barring major new developments, we're cutting back on our coverage of the controversy surrounding Chief Judge Alex Kozinski of the Ninth Circuit. As we suggested yesterday, the story is petering out anyway; but if you're still interested in following it, check out Patterico's Pontifications, which has been offering excellent, wall-to-wall coverage.
Before we take our leave of this tale, here are a few notable links:
This is the only real news to emerge since our last post. Chief Justice John Roberts, responding to Chief Judge Kozinski's request for an investigation, has named five jurists to the investigatory panel: Chief Judge Anthony Scirica, Judge Marjorie Rendell, and Judge Walter Stapleton, of the Third Circuit; Chief Judge Harvey Bartle III (E.D. Pa.); and Chief Judge Garrett Brown Jr. (D.N.J.). This is a solid group of judges; expect their investigation to be thorough and proper.
The Kozinski archenemy who tipped off the Los Angeles Times to the judge's website -- L.A. lawyer Cyrus Sanai, who has been feuding with the judge since 2005 -- is a real piece of work. At Overlawyered, Ted Frank chronicles how Sanai has been benchslapped by numerous judges, both federal and state, at the trial and appellate levels. Sanai blames the mountain of adverse on rulings on bias. Frank writes:
One has much sympathy for Cyrus Sanai, who has suffered the extraordinary misfortune of four trial judges in three different jurisdictions who are biased against him, and that does not include the appellate judges like the Chief Justice of the Washington State Supreme Court, Gerry Alexander; Washington State Court of Appeals judges Marlin Applewick, Anne Ellington and William Baker; or Judge Kozinski on the Ninth Circuit, all of whom Sanai has accused of bias. We wish that a just result is reached in Sanai's various appeals, and pray that a just result is reached if a California legal disciplinary body ever decides to investigate what biased judges have been saying about Sanai.
David Lat, who has feasted on unsubstantiated gossip at Above the Law as well as his blog dedicated to sifting the salacious from the judicious, Underneath Their Robes (where he blogged anonymously as Article III Groupie, or A3G as he came to be known), joins the chorus [of Kozinski defenders]. But does the former AUSA explain his sudden conversion? Isn't this the guy who is first on line (and online) to publish a smear of any lawyer or judge? In fairness, Lat's connection to Kozinski is well-known to his long-time followers, but the new reader would be left out in the cold.
As Greenfield suggests, we view our connection to Chief Judge Kozinski as very well-known, and therefore not worth belaboring. But if he wants some sort of formal disclosure, here it is.
Disclosure: We have a great deal of respect and affection for Chief Judge Kozinski, whom we consider a friend. He helped launch our blogging career with his support of our first foray into the blogosphere, Underneath Their Robes (started four years ago this month). Our coverage of him is biased. If you'd like to read harsh personal attacks upon Chief Judge Kozinski, you should look elsewhere.
Above the Law is an independent blog. Unlike MSM-sponsored blogs such as the WSJ or the BLT, ATL makes no claim to "objectivity." Considering that we opine daily on all sorts of topics, in ways that would be unacceptable for pure news reporters to do, we don't see how anyone could mistake ATL for an objective news source. But if you want an express disclaimer of objectivity, consider this it.
Finally, we'd like to clarify our views of the "Kozinski Kerfluffle," as Greenfield aptly dubs it. Consistent with our general antipathy to privacy, we don't entirely agree with observers who see what Sanai and the L.A. Times did as an egregious privacy violation. On this we agree with Ted Frank:
I don't think I fully endorse Lessig's view on this -- accessing a directory on a public website may be slightly creepy, but it's not the same as breaking and entering a house to peer inside the photo albums in the den; it's not even at the level of obnoxiousness as a guest inspecting the medicine cabinets of a host's bathroom.
What we do think, however, is that the whole matter has become completely overblown. All it shows is that federal judges enjoy the occasional dirty joke and have risque material on their computers -- in other words, "they're just like us." Considering that we launched a blog devoted to this very proposition four years ago, we find it hard to get that excited about it now.
We know how you all love a good law-and-politics debate. Our recent post on the Supreme Court's decision in Boumediene v. Bush, for example, generated over 200 comments.
So here's some good fodder for you. From Robert Ambrogi over at Legal Blog Watch:
The Massachusetts School of Law at Andover will convene a conference in September to lay plans to prosecute President Bush and other high administration officials for war crimes. "This is not intended to be a mere discussion of violations of law that have occurred," says MSL's dean Lawrence Velvel in a statement announcing the conference. "It is, rather, intended to be a planning conference at which plans will be laid and necessary organizational structures set up, to pursue the guilty as long as necessary and, if need be, to the ends of the Earth."
We're not very clear on the mechanics of such a prosecution, but we're sure that batshit crazy creative legal academics will come up with something. They're holding a conference, dammit.
"We must insist on appropriate punishments," Velvel said, "including, if guilt is found, the hangings visited upon top German and Japanese war-criminals in the 1940s." Sending administration officials to the gallows, he added, "would be a powerful lesson to future American leaders."
Hangings? C'mon, Dean Velvel -- shouldn't a liberal like yourself view that as violating the Eighth Amendment?
We reported last month on the D.C. Attorney General's office firing 10 lawyers and a manager. As good attorneys should, the recently fired are taking the D.C. AG to court.
The original Washington Post article on the firings said the staff were being let go for performance reasons and for fiscal reasons, "to help close a $3 million deficit in the office's fiscal 2009 budget." The American Federation of Government Employees is filing a suit on the lawyers' behalf, saying there were no performance issues. From the Post's D.C. Wire:
The American Federation of Government Employees has filed a lawsuit in D.C. Superior Court seeking an injunction to block Acting D.C. Attorney General Peter Nickles from firing eight city lawyers in his office. Lawyers for the union said the employees "received satisfactory of better performance ratings in the most recent rating period." Nickles' contention that the city lawyers performed poorly is a "pretext to disguise the true basis for the terminations, which is to address the budget," the lawsuit states.
Not clear as to why only eight lawyers are involved in the suit. We don't have any other information on the case, but we do know that "satisfactory performance" usually means "barely functioning" in government parlance.
D.C. is not alone in facing legal budget shortfalls. ABC News reports that public defenders in Kentucky, Minnesota, Florida, and Georgia have had to fire many lawyers, leaving them severely short-handed:
Statewide public defenders in Kentucky and Minnesota and local offices in cities such as Atlanta and Miami say budget cuts are forcing them to fire or furlough trial lawyers, leaving the offices unable to handle misdemeanor and, in some instances, serious felony cases.
The cuts leave states scrambling to find a solution to a constitutional dilemma: The Sixth Amendment requires the government to either provide poor defendants with lawyers or release them.
Just how versatile is a law degree? To quote one applicant for our new writer position: "If I had a nickel for every time someone told me 'you can do a lot with a law degree,' I'd have enough to pay for about a semester of law school." [FN1]
As just discussed, many law school graduates are up to their ears in educational debt, but can't land -- or don't want -- Biglaw gigs. If they aren't interested in working as contract attorneys, what other options are available to them?
To help answer this question, we'll be doing a series of open threads on career alternatives for attorneys. If you have a suggestion for one, please email us (subject line: "Career Alternatives"). Please include some information about the alternative career path you're nominating -- e.g., how to get into the field, pros and cons, how much it pays, etc. -- so if we use your suggestion, we have some material to kick off the conversation.
Today's career alternative: working for an accounting firm. The Big Four accounting firms hire a fair number of J.D. holders. One popular specialty for lawyers at such firms is tax, where a legal education, although not essential, comes in handy.
If you're curious about this possible career path, read more, after the jump.
Today's Lawyer of the Day hails from the other side of the pond. From the London Times:
A City lawyer who is demanding £19 million in compensation for work-place bullying faked a nervous breakdown to secure a larger payout, an employment tribunal was told.
Gill Switalski, 51, the former head of legal affairs at Foreign & Colonial (F&C), an asset management company, pretended that her ordeal left her unfit to work so that she could sue for loss of future earnings, it was claimed yesterday.
While Ms Switalski claimed that bullying from male colleagues had left her in such poor mental health that she was "unable to read a newspaper", she was being interviewed for jobs at two rival City firms at about the same time, F&C's lawyers said. One interview led to a lucrative job offer at a rival asset manager that Ms Switalski initially accepted before changing her mind.
Faking a breakdown to earn millions -- and maybe an Oscar, too? Sounds like Switalski should be a movie star.
Since Switalski's performance was apparently compelling enough to get two tribunals to rule in her favor (the current proceedings are about damages), we say: give her the £19 million. Or at least £12 million, the equivalent in British pounds of what a top American actress might earn per picture.
We're not naming names, but many bloggers quote liberally from Associated Press stories. Sharing news from the mainstream media, and then digesting it and editorializing on it, is a big part of what we do. And the AP is a big part of the mainstream media.
So our ears perked up when we read that the AP is meeting with the Media Bloggers Association to discuss "standards for online use of AP stories." We imagine there will be quite a few lawyers at the meeting, and an extensive conversation about fair use of copyrighted material.
Wendy Seltzer, a legal scholar and a fellow at the Berkman Center for Internet and Society at Harvard University, said it was encouraging that AP wanted to find an arrangement with bloggers to facilitate a mutually agreeable way for them to use AP content.
It sounds like the AP is looking to the future. The AP is likely thinking about new sources of revenue, and charging online outlets for use of their stories could offer the AP a way to make up for cuts from shrinking newspaper budgets.
But [Seltzer] cautioned that the news organization, a not-for-profit cooperative owned by its member newspapers and broadcasters, should not try to go beyond what's legally permissible.
"If they take those guidelines and start using them to refine the way they make complaints, and if they closely match the law, then it's helpful -- it's a restraint on their own legal department," Seltzer said.
"If they were on the other hand to say, you may use 10 words only and any time you use 11 we'll send a takedown notice, that wouldn't be helpful," Seltzer said.
Wendy, next time, could you tighten up your quotes to 10 words or less?
As we've previously noted, what might be called the "Law School Blues" article -- aka "Not Every Lawyer Makes $160K" -- has been written and rewritten endlessly. See, e.g., here, here and here.
So why not do it once more? These pieces always seem to generate buzz, robust commentary, and traffic, even if the tale they tell is a familiar one. From the AP:
The United States last week became the world's first nation of 200 accredited law schools, as the American Bar Association gave provisional approval to two North Carolina institutions.
In other countries, it's much harder to become a lawyer. In the United States, the doors are open and getting wider. The 150,000 students enrolled in law schools last year were an all-time high. So adding more slots means even more avenues of opportunity, right?
On closer inspection, however, the economics of the "more is better" argument for legal education don't necessarily hold up.
What economics would those be? We don't remember much from Ec 10, but we have a vague recollection of the law of supply and demand.
More excerpts and discussion, including the usual tales of contract-attorney woe, after the jump.
Parents of an Ohio eighth grader are suing their son's teacher, principal, and school superintendent, as well as the Mt. Vernon City School District. Apparently the teacher is among the one in eight biology teachers who don't believe in evolution, and he espouses his religious beliefs in class. And oh yeah, he burned a cross into their son's arm!
The John Does claim Freshwater has unconstitutionally taught his religious beliefs in his science classes for more than a decade. They claim that in 2003 Freshwater sought, and was denied permission, to teach "intelligent design," but does it anyway. They claim his classroom is festooned with Biblical posters, that he tells his students that "although he is forced to teach from the textbooks, the teachings are wrong or not proven according to the Bible."
The complaint [PDF] states: "On Dec. 6, 2007, Mr. Freshwater burned a cross into James Doe's arm using an electric device manufactured by Electro-Technic Products, Inc., Model BD-10A. The manufacturer of Model BD-10A warns that the electric device has a high voltage output that should never be used to touch human skin. ... Mr. Freshwater applied the electric device to the arm of at least one other eighth grade student on Dec. 6, 2007. The area burned with Model BD-10A resulted in an easily identifiable cross consisting of red welts with blistering, swelling and blanching in the surrounding area...
The complaint also states that Freshwater, as adviser of the school's Fellowship of Christian Athletes, claimed to drive Satan out of a speaker at a club meeting, told club members that "they are saved, whereas the other students playing on the playground are going to Hell," distributed Bibles at school, gave "extra credit" to students who did work on "intelligent design," and that school administrators knew all this but failed to discipline him for it.
Last time we checked, exorcising demons from your students wasn't part of the No Child Left Behind Act.
The controversy surrounding Chief Judge Alex Kozinski is rapidly dissipating -- and with good reason. He has recused himself from the Ira Isaacs obscenity trial, and he's called for an investigation of any potential misconduct on his part. So, to quote his website, "Ain't nothin' here. Y'all best be movin' on, compadre."
We've read tons of Kozinski coverage (so you don't have to). Here are three of the most important posts:
My name is Marcy Tiffany. I have been married to Alex Kozinski for over thirty years and we have raised three sons together..... [T]he LA Times story, authored by Scott Glover, is riddled with half-truths, gross mischaracterizations and outright lies. One significant mischaracterization is that Alex was maintaining some kind of "website" to which he posted pornographic material.
Obviously, Glover's use of the word "website" was intended to convey a false image of a carefully designed and maintained graphical interface, with text, pictures, sound and hyperlinks, such as businesses maintain or that individuals can set up on Facebook, rather than a bunch of random files located in one of many folders stored on our family's file server. The "server" is actually just another home computer that sits next to my desk in our home office, and that we use to store files, perform back-ups, and route the Internet to the family network. It has no graphical interface, but if you know the precise location of a file, you can access it either from one of the home computers or remotely.
Using the term "website" also gives the impression that Alex was actively aware of all of the material, when, in fact, it had accumulated over a number of years and he didn't even remember that some of that stuff had been stored there or whether it had been put there by him or one of our sons, who also have access to the server.
That's just an excerpt; read the whole thing over here.
2. Professor Eugene Volokh, a former clerk to Chief Judge Kozinski, offers his thoughts over at the Volokh Conspiracy. Money quote:
Kozinski has a quirky sense of humor, and keeps some joke pictures and videos on his computer rather than throwing them away. I'm sure they aren't the kinds of things some people would enjoy seeing. But he wasn't trying to show them to those people! He was just minding his own business, keeping some files on his own private server. And now it's a national news story.
Enough already.
3. Professor Volokh's post concludes by quoting the analysis of Professor Lawrence Lessig, another leading legal academic and cyberlaw guru. Professor Lessig writes:
When it comes to government invasions of our privacy, we are (and rightly) a privacy obsessed people. We need to extend some of that obsession to the increasingly common violations by private people against other private people. There is nothing for Chief Judge Kozinski to defend because he has violated no law, and we live in a free society (or so he thought when he immigrated from Romania). A free society should feed the right to be left alone, including the right not to have to defend publicly private choices and taste, by learning not to feed the privacy trolls.
That's just the tail end of a long and thoughtful post. Read it in full by clicking here.
Last week, we were inspired by the intersection of music and law in the R. Kelly trial, so we launched a call for best songs about the law. We had lots of songs thrown our way. We've rounded them up after the jump, so you can vote for the best. We'll take the top ten and anoint them "ATL's Top Ten Law Songs."
Now, back to R. Kelly, who could rightfully do a cover of "I fought the law (and the law I won)." He was acquitted Friday in his child porn trial. The Chicago Tribune has a profile piece on one of his lawyers, Sam Adam, Jr., who "delivered a largely improvised monologue filled with pop culture references, biblical quotations and a glimpse at how much the trial's outcome meant to him personally." Kelly's spokesperson is quoted as saying Adam is on his way to "becoming a superstar." Nice to see a lawyer getting rock-star-esque media coverage.
On to the voting. Check out the massive poll after the jump.
Last week's post about Biglaw and iPhones got us thinking about another device that lawyers love (and love to hate): the Blackberry.
Ah, Blackberries: Can't live with 'em, can't live without 'em. The little devices liberate you, allowing you to leave the office while remaining in touch with work. For example, if you work in midtown Manhattan, and if you're having a slow day -- or week, or month (take our survey on slowness) -- you can step out for a quick visit to the MoMA, or get some holiday shopping done on Fifth Avenue. If you're needed, the Bberry will vibrate, and you can be back in your office within minutes (i.e., in less time than it takes for that septuagenarian partner to return from his newspaper-reading bathroom break).
But Blackberries aren't a total blessing. They make it that much harder to truly leave the office behind. People check them at the dinner table, or during their kid's school play. You'd also be surprised by the number of exotic vacation destinations that have strong, consistent Blackberry reception.
This got us thinking: What are some of the strangest places and/or situations that you have sent and/or received Blackberry messages from? Here are three real-life examples we've heard about:
1. An associate has all four of his wisdom teeth removed (in a single procedure, to obviate the need for multiple, time-consuming visits). Minutes after the painful procedure is over -- before the anesthesia has even worn off, and while still seated in the dentist's chair -- he's shooting off emails to paralegals about binders.
2. An associate gets married. He and his wife jet off to a tropical locale for their honeymoon. He takes his Blackberry with him, then proceeds to send dozens of messages from the beach. (Hopefully he didn't get sand in the device -- or take the Blackberry into the honeymoon bed.)
3. A partner goes out on maternity leave. Half an hour after popping out her baby, ensconced in her comfy, adjustable hospital bed, she sends out a slew of work-related emails to her beleaguered associates.
Do you have a tale to tell about Blackberrying from an unusual destination, or under extraordinary circumstances? If so, please share it, in the comments.
One of our favorite events was the Saturday lunch panel, "Covering the Court." It was moderated by Thomas Goldstein, of Akin Gump and SCOTUSblog fame, and featured the following distinguished members of the Supreme Court press corps:
Robert Barnes, of the Washington Post;
Linda Greenhouse, of the New York Times;
Dahlia Lithwick, of Slate; and
Tony Mauro, of the Legal Times.
For the Court-watchers among you, a detailed write-up is available below the fold.
Last month, ATL posted an open thread on what to do if you're not busy right now.
But that raises the question, how slow is business right now? Back in December, one of our ATL / Lateral Link surveys found that slightly more than half of associates did not think that work was slow at their firms, and another 16% said that work was slow for others, but not for them personally.
In today's survey, let's find out if things have changed.
Update: This survey is now closed. Click here for the results.
This lawsuit seems distinctly un-Christian. Matthew Lincoln is suing his Tennessee church for $2.5 million, for injuries sustained during a service. What happened to turning the other cheek?
Last June, Matthew Lincoln was attending an evening service at his nondenominational Tennessee church when he approached the altar where a visiting minister was offering individual prayers for parishioners. Assigned "catchers" were present on the altar in case congregants fainted, fell, or otherwise lost control.
When the minister, Robert Lavala, slightly touched his forehead, the Knoxville-area man "received the spirit and fell backwards." Except nobody was there to catch him, Lincoln charges in a $2.5 million lawsuit filed yesterday against Lakewind Church and its pastors. Lincoln, 58, claims that he fell backwards, striking his head against the "carpet-covered cement floor."
Overlawyered has covered quite a few of these types of lawsuits. Perhaps the plaintiffs should band together and file a class action against the Big Guy Upstairs, for negligently inflicting them with the spirit.
[Ed. note: Welcome back for week two of Monday Morning Quarterback. As explained in the inaugural post, each week law professor Marc Edelman will make three bold claims related to sports. You can agree, disagree, or discuss, in the comments. Think of it as a weekly open thread about specified sports subjects. (Yes, there was some grumbling about sufficient legal nexus for this feature in the comments; but there's always grumbling in the comments, and pageviews don't lie. So, onward.)]
Last week, most commenters agreed that Paul Pierce is one of the NBA's toughest players and that Kobe Bryant should not have won the league's MVP. However, you disagreed that the Tigers would eventually overtake the White Sox in the AL Central.
Since then, the Tigers have gone on a six-game winning streak, including a three game sweep of the White Sox. My gut is the Tigers will keep going.
Here are this week's claims:
1. The Yankees Should Put Joba Back In The 'Pen. Forget the fact that Joba Chamberlain only allowed one run in six innings on Friday night; his value is greatest to the Yankees in the bullpen. Before the Yankees moved Joba into the starting rotation, they should have thought about their 1996 recipe for success. That season, the Yankees won the World Series despite mediocre starting pitching because Mariano Rivera and John Wetteland dominated games from innings seven through nine. In the 'pen, Joba is just as dominant as a young Mariano Rivera. However, as a starter, he is a question mark at best.
2. Even Without His Two Arrests, The Bears Should Have Cut Cedric Benson. Even if Cedric Benson was not arrested twice this off-season, Benson had no business competing for the Bears starting running back job. Last season, Benson averaged a putrid 3.4 yards per carry on 196 rushing attempts. Amongst starting running backs, only Warrick Dunn (3.2 yards/carry) was worse. With Benson finally gone from the team, the Bears could sign a proven free agent back like Travis Henry (4.1 yards/carry in 2007). Of course, Bill Swerski may still prefer the team hand the ball off to Mini-Ditka.
3. Phil Jackson Has Been No Zen Master In The NBA Finals. Although the Lakers took 2-of-3 games in Los Angeles, they blew a 24-point lead in Game 4 and another 19 point lead in Game 5. Doc Rivers made all kinds of adjustments to get the Celtics back into both games. However, Phil Jackson rarely had any answers. Jackson was lucky that the Lakers survived elimination last night. If the Lakers play as inconsistently in Boston, his team is toast.
So that's my opening brief. File your respondent's brief, or amicus brief, in the comments.
* FCC Chair Kevin Martin backs Sirius-XM merger. [Washington Post]
* Expelled member sues Masons. Discovery should be fun in this one. [New York Times]
* Bench trial tips off to decide fate of NBA's Sonics. Franchise seeks to travel to OK City; Seattle cries foul. Contract interpretation will be technical, but both sides believe they have a slam dunk case. [CBS Sportsline]
* Election Assistance Commission lacks assistance with elections. [MSNBC]
* On Washington's police checkpoint lockdown. [New York Times]
The American Constitution Society for Law and Policy (ACS) is one of the nation's leading progressive legal organizations. Founded in 2001, ACS is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals. Our mission is to ensure that fundamental principles of human dignity, individual rights and liberties, genuine equality, and access to justice enjoy their rightful, central place in American law.
The energy level and enthusiasm are high among conference attendees, with the sense that their star is on the rise. After eight long years in the executive branch wilderness, the left is poised to retake the White House, through the unstoppable campaign of Barack Obama. (Like the Federalist Society on the right, ACS is a non-partisan, non-profit educational organization. As such, it does not endorse presidential candidates. But as with the Fed Soc, it's clear where its members' political sympathies generally reside.)
Speaking of politics, this morning there was a fantastic plenary panel on the presidential selection process, election law, and related topics. If you're a political junkie, check out our write-up of the discussion, after the jump.
* Tim Russert, host of NBC's Meet the Press and one of Time's most influential people in the world, has died of a heart attack. Though better known as a journalist, Russert was a Cleveland State University law grad and admitted to the bar in New York and D.C. [NBC News]
* R. Kelly won't have to sing from behind bars. R&B singer is acquitted in child pornography trial. [Chicago Tribune]
* Utah folk may be able to wear bikinis this summer. [Boston Globe]
* Former Lawyer of the Day Adam "Bulletproof" Reposa is fighting the jail time he received for an obscene gesture in court. He may not have manners, but he has a lot of fight in him. [Law.com]
* Democrats change their tune on SCOTUS after the Gitmo ruling. [Washington Briefs]
* This judge offered the parent of a teenage delinquent the "choice of paying a $500 fine for the girl's truancy or whacking her in open court with a paddle." [Houston Chronicle]
* Can you blame a man for harboring a fugitive, when the fugitive's his son? [PrawfsBlog]
* Egypt invokes law that says age gap between spouses cannot exceed 25 years, to prevent a 92-year-old from marrying a 17-year-old. Michael Douglas and Catherine Zeta Jones would just make the cut-off. [BBC]
We've been following the controversy around Chief Judge Alex Kozinski of the Ninth Circuit after the discovery of sexually explicit material on his personal website. Our posts are collected here.
Given the firestorm of coverage in the last few days, this latest news may not be surprising:
A federal appeals court judge today recused himself from a closely-watched obscenity trial in Los Angeles, three days after acknowledging that he had posted sexually explicit material on a publicly accessible personal website.
"In light of the public controversy surrounding my involvement in this case, I have concluded that there is a manifest necessity to declare a mistrial," said Alex Kozinski, chief judge for the 9th Circuit Court of Appeals. "I will recuse myself from further participation in the case and will ask the chief judge of the district court to reassign it to another judge."
Yesterday, Kozinski called for an investigation of himself. He continues to handle this with dignity, or as much dignity as one can when there's talk of cow porn.
As bloggers, internet addiction is a job requirement, but we hear it's a bad thing for "normal people." We've noticed quite a few articles recently on cell phone addiction and Web abuse. We think lawyers more than most may be prone to technological addictions, due to their nifty firm-supplied tech toys, many billable hours spent in front of computers, and the ever-present blackberry/crackberry.
Wired reports that one influential psychiatrist has proposed adding internet addiction to the manual of mental disorders:
In the March issue of the American Journal of Psychiatry, Jerald Block proposed that Web abuse be added to his field's bible, the Diagnostic and Statistical Manual of Mental Disorders. Block cites research from South Korea, where, he says, the affliction is considered a serious public health problem, and the government estimates that 168,000 children may require psychotropic medications. In China, the Beijing Military Region Central Hospital puts the number of teenage pathological computer users at 10 million.
Like other addicts, users reportedly experience cravings (for better software, faster machines), withdrawal (logging off may cause irritability), a loss of sense of time (wee-hour fixes), and negative social repercussions (it's so much easier to date an avatar).
Check. Check. Check. No check -- our social life is just fine, thank you.
There are your warning signs for internet addiction, so look out! We wonder if carrying a PDA is the equivalent of chewing nicotine gum.... More discussion of addictions and how the love of the iPhone can lead to robbery at gunpoint, after the jump.
We're attending the 2008 National Convention of the American Constitution Society (aka the Federalist Society of the Left, for those of you not familiar with the ACS). It's being held today and tomorrow at the Hyatt Regency here in Washington, DC. The theme of this year's conference: "Revitalizing Our Democracy: Progress and Possibilities." Read: "Welcome President Obama: It's Good To Be Back in the House!"
We may be filing some dispatches from the proceedings. We'd liveblog the panels contemporaneously, but neither the hotel wireless nor our wi-fi card worked inside the hotel's subterranean ballroom. So we will post in between sessions, when we can.
These comments -- essentially a liveblog, but posted after the fact -- will have an unpolished, stream-of-consciousness quality. Expect lots of randomness (and typos).
The first report, about the very interesting (and star-studded) plenary panel, "Law and Justice Policies in a New Administration," appears after the jump.
Washington, D.C. suffered a major power outage this morning, knocking out electricity in lots of downtown office buildings, including many a law firm. According to DCist, the power was out from 7:30 a.m. to 10:30 a.m.
We hear that some law firms closed their offices in the morning given the lack of air conditioning and D.C.'s intense summer heat. But WTOP caught up with a lawyer who was persevering in his work, despite the conditions.
During the outage, people milled about the streets, waiting for the electricity and air conditioning in their offices to come back on.
WTOP's Kristi King has talked to a lawyer who took his laptop on to the street. He told her he still had to bill eight hours a day.
Sadly, said lawyer did not go on the record to make the quote. He missed his opportunity to be an ATL Lawyer of the Day.
Washington Post found some other lawyers to interview. It's pretty easy in D.C. since it seems like one out of every two residents is an attorney. These two held a creative client meeting:
Two lawyers from the firm Williams & Connolly, holding expandable folders, sat down with a client in one of three plush chairs dragged out into the courtyard. "Welcome to the law firm," one of the lawyers said, laughing, as the meeting began
Skadden was one of the firms affected by the outage. An associate there tells us that the firm has reopened the office for the afternoon, but that "'power restored' does not include 'AC restored.'"
Here's an open thread where perspiring D.C. attorneys can complain and others can tell us how their firms have dealt with natural and other disasters. Happy Friday the 13th!
A New York woman solved a burglary crime on her own using mad computer skills. She and two roommates had their White Plains apartment burglarized in April. It sounds like they had a fun apartment. The thieves took "two laptops, two flat-screen televisions, two iPods, gaming consoles, DVDs and computer games."
One of the victims took the case into her own hands in May. From the Journal News:
On Tuesday, police said, one of the victims, who works at The Apple Store in The Westchester mall, received a call from a friend asking her if she was online. The victim said no, and was told by the friend that his computer showed her as being logged onto the Internet.
At that point, police said, the victim signed onto another computer and used the "Back to My Mac" program to determine that her stolen MacIntosh laptop indeed was signed onto the Web and that someone was using it to shop online. She then activated the stolen computer's camera, allowing her to "see" what was in front of the laptop... [S]he was able to photograph a man, Shahikian, sitting in front of her stolen laptop...
The computer-savvy victim contacted police, gave them the tell-tale photos, and the arrests were made a short time later.
In the continuing debate over Apple or PC users being cooler, that's a point for Apple. Perhaps Apple can use this case as inspiration for its next round of "Mac guy" vs "PC guy" commercials, with PC guy spending hours filling out police paperwork while Mac guy hunts down the burglars.
This week's Job of the Week, brought to you by Lateral Link, is another solid in-house position for a junior attorney. In addition, this is one of many companies with whom Lateral Link has a strong relationship, so Lateral Link members will have an inside track on this position.
Description: Known for its strong, ethical business practices and client focus, this Company fosters a collaborative, team-oriented environment that rewards and recognizes individual achievement. As a member of the Company's Securities Regulation broker-dealer team, the selected candidate will work with a group of eight talented professionals who share a commitment to excellence, and represent the Company and its subsidiaries on a variety of broker-dealer matters.
As Associate Counsel, the attorney will have primary or support responsibilities for a wide range of retail brokerage and fund distribution activities, including:
- Drafting and negotiating mutual fund supermarket service agreements.
- Advising on the distribution and marketing of investment products and services, including mutual funds, annuities and 529 Plan securities.
- Working with the Compliance Department and business units to interpret and implement FINRA, MSRB and SEC rules relating to broker-dealer activities, including licensing, sales practices, advertising, net capital, and customer protection and margin requirements.
- Advising the brokerage operations unit on clearance and settlement matters.
- Drafting, reviewing and negotiating required documents for the resale of restricted securities, certain corporate actions and other special transactions.
- Advising on fixed income and equity trading issues.
- Advocating on behalf of the Company with regulatory authorities.
- Educating officers and other employees as needed on legal issues.
Requirements: Law degree (J.D. or equivalent) and 2-5 years of securities law experience, with an emphasis on broker-dealer regulatory matters at a mid- to large-sized law firm. For more information about this position or to apply, please see Position 9227 on Lateral Link. Current members can also contact their personal search consultant directly to discuss this position. Membership in Lateral Link is free and you can apply at www.laterallink.com.
We've been reporting since November on Thacher Proffitt & Wood's need to thin its ranks. Prior coverage is collected here (scroll down). Originally, the firm was relying on voluntary departures, but in the last few months, it has resorted to layoffs.
The ABA Journal reports that 10 partners and 24 associates quit in the last six months, while 60 associates have been laid off. That's a good chunk of the firm. Profits are down due to the firm's focus on securitization work in a sagging economy.
Things are looking bleak there, though the Wall Street Journal Law Blog reports that Thacher expects better in 2009:
Some former partners told the NLJ that firm profits are anticipated to slide substantially in 2008. Last year, Thacher Proffitt reported slightly more than $1 million in profits per partner, down about 22% from 2006, according to AmLaw. Other departing partners downplayed the significance of the firm's finances in their decisions.
Paul Tvetenstrand, the firm's managing partner, said the recent partner departures were unrelated to the layoffs. But he acknowledged that the total number of them was "a lot, for a short period of time."
"It's a tough marketplace to be in," he said. "I would fully expect in 2009 to bounce back to the levels we had beforehand. But I don't know what 2008 will be."
Partners fleeing is not a good sign for Thacher. As previously reported, the firm has pushed back its start date for non-litigation first years to October 20. Future Thacher-ites, we hope for your sakes that Tvetenstrand is right about a brighter future.
As the jury deliberates in the R. Kelly trial, our minds are turning to music and the law. During the trial, Chicago lawyer Mike Roman earned an ATL Lawyer of the Day mention for trying to pawn his band's cd off on Kelly mid-trial. When that didn't work, he tried to sell the "Cha Cha" cd to Kelly's attorney for $15.
Judges like to have musical side projects too. The Washington Post did a profile piece on the D.C.-based Deaf Dogs and the Indictments last year. They're a "Motown-inspired group of seven Superior Court judges and their psychologist-drummer." And for you D.C. folks, we hear they're playing the Grog and Tankard this Saturday.
With music on the brain, we're inviting you to nominate songs for an ATL "law and music" best-of list. The ones that leap out to us are The Clash's "I fought the law," Jane's Addiction's "Been caught stealing," and Bob Dylan's "Hurricane." What would you put on the list?
* La Greenhouse on yesterday's big SCOTUS decision on Gitmo detainees' habeas rights. [New York Times]
* The ruling greatly complicates the Administration's approach to dealing with detainees. [Washington Post]
* Meanwhile, former Philippine First Lady Imelda Marcos celebrates another SCOTUS ruling, against victims of human rights abuses in the Philippines. Did she go out and buy some shoes? [Reuters]
* McCain targets Eric Holder, the former Deputy Attorney General and U.S. Attorney helping Obama find a running mate, for criticism. [CNN]
* Judge Laurence Silberman (D.C. Cir.) becomes the first judge to receive the Medal of Freedom from the current president. Congratulations, Judge Silberman! [Los Angeles Times]
Apologies for the downtime. We were off being interviewed by CNN Headline News about the controversy surrounding Chief Judge Alex Kozinski of the Ninth Circuit. We'll post a link to the interview if and when it becomes available.
Speaking of Chief Judge Kozinski, here's the latest news:
The 9th Circuit judge, who posted sexually explicit material on his own site, according to a Los Angeles Times story yesterday, has just released this statement:
I have asked the Judicial Council of the Ninth Circuit to take steps pursuant to Rule 26, of the Rules Governing Judicial Conduct and Disability, and to initiate proceedings concerning the article that appeared in yesterday's Los Angeles Times. I will cooperate fully in any investigation.
Is it unusual for a judge to call for an investigation of himself? Sure. But it's a testament to Chief Judge Kozinski's integrity and forthrightness; he's not trying to hide anything underneath his robe. This is a smart move, a lesson in good crisis management.
This may not happen to men, but many a woman has put on an outfit and discovered later that it is more sheer than she realized in the dim light of her home. In sunlight, or in an office's bright fluorescent glow, the underthings suddenly become visible -- if one is lucky enough to be wearing underthings. Usually, a good friend will point this out to the inadvertently scandalously-clad woman.
A reader sent us an excerpt from a recent deposition transcript, currently making the rounds by email, which apparently captures an occurrence of just this sort. It seems that the not-to-be-named lawyer, aka "Ms. B" (pictured), did not have a good friend to point out the sheerness of her attire.
Instead, an expert witness did so, at the end of a long deposition. Then "Ms. G," counsel to the witness, echoed her client's concerns.
The exchange got a little testy. Check out the depo transcript, after the jump.
ABA Journal is reporting on the gender-charged ads recently rolled out by the all-female firm, Schroder Joseph & Associates LLP. The Buffalo, N.Y.-based boutique firm is now knee-deep in a gender stereotype controversy. Their response is of the "Can't you take a joke?" variety:
The "Ever Argue With a Woman?" ad is not intended to take jabs at men, [name partner Ginger] Schroder says. Critics are "taking themselves way too seriously. It was meant to be fun and thought-provoking; it's not meant to engender national debate on gender stereotypes."
The ads were created by account executive Jennifer Dowdell of Business First magazine to aid the law firm's branding effort. All use the same color background and the same photos of those who work at the firm: three partners, one associate and one of counsel, and three paralegals. Men have worked at the firm as law clerks, but so far none who have been offered jobs there has accepted.
The firm has so far received positive feedback from clients and others who think the ads are funny, Schroder says.
The first ad in the series reads: "Labor Pains? Talk to us. (We're women ... We get it.)" A second ad reads: "Sexual Harassment, Performance Issues, Discrimination, Dismissals and Disputes ... (All in a day's work for us.)"
A new ad scheduled to run reads: "Advice, Protection, Guidance and Support ... When it comes to our clients, let's just say our maternal instincts take over."
Schroder says the ads are proof that lawyers can laugh at themselves. "A lot of people say lawyers don't have a sense of humor," she says. "I think that's wrong."
If you don't think it's funny, you don't have a sense of humor. Good reasoning.
We get most of the female stereotypes the firm employs, but "performance issues" may be more appropriate for the ad campaign of an all-male firm.
Too... much.... information. Yes, we're talking about the controversy over Chief Judge Alex Kozinski of the Ninth Circuit, who's presiding over the Ira Isaacs obscenity trial in Los Angeles, and who uploaded some materials to a shared family website that contained some sexual images (among many other things).
This controversy is "TMI" in more ways than one. There has been such a torrent of news and legal blog coverage that we're still getting up to speed. We'll have more detailed thoughts later. Our extensive past coverage appears here, here, and here.
In the meantime, here's an open thread for discussion, plus some material to keep you occupied: (1) an extensive collection of links related to this matter, to both mainstream media sources and blogs, as well as selected material obtained from Chief Judge Kozinski's site; and (2) a pair of reader polls (one from yesterday, still open, and one new, prompted by comments like this one).
Thursday, June 12, 2008 12:29 PM - By Kashmir Hill
ATL has been (virtually) touring and gathering suggestions for Biglaw eating from coast to coast. Soon, we'll have a round-up post with lawyers' and summer associates' favorite restaurants nationwide.
We hit all the geographical locations we wanted. This last surprise bonus thread is on KOSHER restaurants. We're looking out for observant attorneys around the country. Norman Schoenfeld, holla atcha goys.
This omnibus thread covers kosher restaurants nationwide. Please be sure to specify the city for which you're making recommendations.
Look out for our round-up post on all of your restaurant suggestions, coming soon. In the meanwhile, enjoy the summer eats!
Or maybe "broken"; the news came in about an hour ago, and we're a little slow on the draw. From Lyle Denniston over at SCOTUSblog:
In a stunning blow to the Bush Administration in its war-on-terrorism policies, the Supreme Court ruled Thursday that foreign nationals held at Guantanamo Bay have a right to pursue habeas challenges to their detention. The Court, dividing 5-4, ruled that Congress had not validly taken away habeas rights. If Congress wishes to suspend habeas, it must do so only as the Constitution allows -- when the country faces rebellion or invasion.
The Court stressed that it was not ruling that the detainees are entitled to be released -- that is, entitled to have writs issued to end their confinement. That issue, it said, is left to the District Court judges who will be hearing the challenges. The Court also said that "we do not address whether the President has authority to detain" individuals during the war on terrorism, and hold them at the U.S. Naval base in Cuba; that, too, it said, is to be considered first by the District judges.
Sounds like there's a little punting going on. But that's why the Supreme Court is supreme: they give the district judges the first crack at things, then show up and tell the DJs where they went wrong.
More here from the New York Times, which describes the ruling in Boumediene v. Bush (PDF) as "a historic decision on the balance between personal liberties and national security."
Thursday, June 12, 2008 10:52 AM - By Marc Edelman
Last week, the Major Indoor Soccer League ("MISL") (disclosure: my employer for one summer) announced it was ceasing operations after seven seasons as a single entity. This comes as bad news for Game Plan LLC, the investment banking and consulting services group that helped MISL to restructure into a single-entity league during the summer of 2001, as well as for any startup league that is considering adopting the single-entity structure.
With last week's at least temporary collapse of the MISL, just about every single-entity sports league in America is now gone. Although the "single entity" concept was intended to turn niche-based professional sports leagues into profitable businesses, that result clearly has not happened.
The single-entity structure was first envisioned to allow sports leagues to act unilaterally without risking liability under Section 1 of the Sherman Act. Because the single-entity structure consists of a single limited liability company and investors that purchase shares in this company, the structure's purported advantage is that investors could not be found guilty of illegally colluding with one another by unilaterally setting league ticket prices, player salaries, or league entry rules. This is because the clubs are wholly-owned subsidiaries of the league. As a matter of law, a wholly-owned subsidiary cannot collude with itself.
Beyond this purported legal advantage, the single-entity league is also believed by some to have certain business advantages.
* Judge Lewis Kaplan (S.D.N.Y.) benchslaps two hedge funds in lawsuit brought by CSX. [WSJ Law Blog (linkwrap plus opinion)]
* Judge Kozinski suspends obscenity trial for 48 hours, to allow the prosecution to explore "a potential conflict of interest concerning the court having a... sexually explicit website with similar material to what is on trial here." (More on this later; note ATL shout-outs in the first two sources.) [Los Angeles Times; New York Sun; New York Times; AP]
* Should the United States take a harder line with respect to hate speech? Some scholars say yes. [New York Times]
* EU laws regulating chemicals force U.S. companies to make changes. [Washington Post]
* Is now the right time to be scaling back the National Guard's presence at the border? [New York Times]
* Former Fannie Mae exec James Johnson quits as VP vetter for Obama, in the wake of controversy over some of his financial and business arrangements. [Washington Post]
* Judge orders judicial pay raise in New York. [AP]
* Judicial reform gets underway in Malaysia (plus some cool photos, from Jerome Armstrong). [MyDD]
There have been two lawsuits filed by New York State judges to get their $136,700 salary increased. The judges have gone 10 years without a raise, due to their salaries being linked to those of New York legislators.
New York Supreme Court justice Edward Lehner has found the plaintiffs to be underpaid in the first of the two suits, and he's ruling for a raise. He's given the New York Legislature 90 days to up judicial salaries. Lehner, of course, would be one of the judges to benefit from the ruling, raising an ethical question.
Here is the judges' constitutional claim:
Judges have argued that the Legislature has unconstitutionally linked the salaries of lawmakers and judges, stonewalling the judges from pay increases in line with inflation. Judges say that lawyers fresh out of law school working at New York City firms earn more than they do.
UPDATE: Judge Kozinski has suspended the trial for 48 hours, to allow the prosecution to explore "a potential conflict of interest concerning the court having a... sexually explicit website with similar material to what is on trial here." [Los Angeles Times; New York Sun; New York Times; AP]
Congratulations to Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit. He is currently presiding over a high-profile obscenity trial in Los Angeles. In addition, as reported by the Los Angeles Times, for some time he "has maintained his own publicly accessible website featuring sexually explicit photos and videos." Accordingly, he is our Judge of the Day.
A number of you emailed us about this Los Angeles Times article, which contains some colorful details about the materials that were available on Chief Judge Kozinski's website until recently (it's now under lockdown). We previously linked to and discussed the L.A. Times story here. Please note that when we refer to material "after the jump" or "below the fold," you need to click on the little "Continue reading" link to read the rest of the post. Sometimes we save the juiciest material for after the jump.
In any event, we reached out to Chief Judge Kozinski for comment. He sent us the following email:
David: I can't comment on the trial.
As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was -- I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he's pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don't remember putting some of that stuff there.
I consider the server a private storage device, not meant for public access. I'd have been more careful about its contents if I had known that others could access it.
Should Chief Judge Kozinski recuse himself from the Ira Isaacs trial as a result of his website coming to light? Thus far, ATL readers vote no, by a 60-40 margin. The poll is still open; you can access it by clicking here, then scrolling down.
We'll continue to monitor the situation and bring you news of any developments as they occur.
(7) Comments
We realize that some of you 
A 
Congratulations to 
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Last summer, we 
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Worn out by an ugly day in the markets? Don't worry, you still have time to sign up for BeachComber, DealBreaker's summertime email-only special newsletter.
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Northwestern University is today announcing a new choice for those applying to its law school: a degree in just two years.
Curvaceous beauty Monica Lewinsky, who will go down in history as the world's most famous intern, once 
* Hilarious, but depressing: essays from high school students taking the AP exam in government. Sample: "Strom Thurman was the first black man in Congress." [
As we announced 
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As we've previously 
* Same-sex marriages officially begin in CA. [
* La Greenhouse on yesterday's big SCOTUS decision on Gitmo detainees' habeas rights. [
Apologies for the downtime. We were off being interviewed by 
