November 2009

Breakdown of the Public-Private Distinction: Implications for the Administrative State

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breakdown broken down car automobile industry.jpgTime to resume our lateblogging — or can we call it early-blogging, in light of the morning hour? — of the Federalist Society’s 2009 National Lawyers Convention. If you’re a conservative or libertarian lawyer (or law student), this is an event well worth attending every year. In addition to the lively and informative panel discussions (which offer CLE credit), the networking is excellent.
Here’s the next panel we attended, on a timely topic given the government’s increasing — and perhaps excessive — involvement in the national economy:
Breakdown of the Public-Private Distinction: Implications for the Administrative State

  • Mr. David Berenbaum, Executive Vice President, National Community Reinvestment Coalition
  • Mr. David G. Leitch, Group Vice President and General Counsel, Ford Motor Company
  • Prof. J.W. Verret, Assistant Professor of Law, George Mason University School of Law
  • Prof. David Zaring, Assistant Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania
  • Moderator: Hon. Ronald A. Cass, President, Cass & Associates, PC
    Summary after the jump.

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    Regulation of Financial Institutions

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    bank regulation thrift savings loan investment bank commercial bank.jpgWe continue our lateblogging of the Federalist Society’s 2009 National Lawyers Convention. The conversations at the conference are always interesting. As far as we’re concerned, this has to be one of the most painless ways to rack up CLE credits.
    Here’s the next panel discussion that we attended:
    Regulation of Financial Institutions

  • Hon. Paul S. Atkins, Congressional Oversight Panel and Former U.S. SEC Commissioner
  • Ms. Stephanie R. Breslow, Partner, Schulte, Roth & Zabel LLP
  • Dean Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, Arnold H. Leon Professor of Law, University of Virginia School of Law
  • Hon. Annette L. Nazareth, Partner, Davis Polk & Wardwell LLP
  • Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit
    A quick and dirty write-up, after the jump.

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    Free Speech: The Fairness Doctrine

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    radio on the air free speech fairness doctrine.jpgOver the weekend, we had the pleasure of attending the Federalist Society’s 2009 National Lawyers Convention, down in Washington, D.C. As in past years, conservative and libertarian legal luminaries were plentiful, and the panel discussions and other events were excellent.
    Some folks — e.g., Josh Blackman — were liveblogging the proceedings. We’re only writing up the conference now, so you can call this “lateblogging” (both because we’re late in blogging about the conference, and blogging late at night; hey, better late than never).
    This year, sadly, we missed most of the Thursday events (because of a speaking engagement at the ABA’s Law Firm Marketing Strategies Conference). The first Fed Soc panel we caught was on Friday afternoon:
    Free Speech: The Fairness Doctrine

  • Prof. Thomas W. Hazlett, Professor of Law & Economics, George Mason University
  • Mr. Seton Motley, Communications Director, Media Research Center
  • Prof. Jamin Ben Raskin, Director, Law and Government Program, Washington College of Law, American University College of Law
  • Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit
    Our rough notes on the discussion, after the jump.

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    ATL Caption Contest Winner: The Pile Up

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    Over 3500 votes are in. Here is our winning caption:
    Thumbnail image for cluttered office.jpg

    We are not currently conducting any 3L hiring, but we will keep your resume on file as our needs change.

    Despite a plethora of non-recession submissions, the economy’s dire straits continues to hold the greatest appeal for our caption contest voters. This is starting to seem like a trend.
    We have good news. That is not actually an application-hoarding Biglaw office. Find out the real story behind the photo after the jump.

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    Non-Sequiturs: 11.16.09

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    Reality Bites DVD gen x.JPG* Generation X = The Lost Generation? That really bites. [Law and More]
    * Meep. [The Legal Satyricon]
    * Outsourcing the marketing of attorneys could lead to ethical problems. [New York Personal Injury Law Blog]
    * Public opinion on some hot button legal issues. [The Volokh Conspiracy]
    * There are all sorts of ways unscrupulous lawyers can rip off their clients. [Business Insider]
    * Did you know that today is the International Day of Tolerance? Let’s get through this quickly.
    [Windypundit via Blawg Review]

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    The Wal-Mart of Law Firms Might Be Wal-Mart

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    Wal-Mart logo Walmart AboveTheLaw Above the Law blog.jpgI don’t know anything about My Community Legal Network. Its website tells us this:

    Introduced in 2009, My Community Legal Network scoured through millions of legal and financial professionals looking for the most knowledgeable and sophisticated providers. Then we took the collective bargaining power that comes from millions of Americans and negotiated wholesale prices from these top professionals. We take these discounted rates and offer them directly to our members. There is no markup; only the best professionals at the best prices. My Community Legal Network currently only offers services in the United States but has plans to expand these services to Canada, Mexico, and South America by the end of 2010.

    I have a bad feeling about this.
    Based on that description, I suppose the picture after the jump will make more horrifying sense.

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    My Job Is Murder: Of Fainting and Failing

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    My Job Is Murder.jpgEd. note: Welcome to ATL’s first foray into serial fiction. “My Job Is Murder,” a mystery set in a D.C. appellate boutique, will appear one chapter at a time, M-W-F, over the next few weeks. Prior installments appear here; please read them first.
    The author, a former appellate lawyer, wishes to emphasize that any resemblance to any actual person, living or dead, is purely coincidental. Except for the geeky stuff. Appellate lawyers really are that geeky.
    Susanna Dokupil can be reached by email at sdokupil@sbcglobal.net or on Facebook.
    Back at the office, Tyler reached for his case file. A yellow Post-It note on top read “Drinks at 5 p.m. Solstice. K.”
    Tyler instantly e-mailed Katarina one word: Yes.
    Then he noticed an e-mail from the managing partner announcing cuts in the recruiting budget. No reimbursements for associate lunches with summers. The firm has, however, negotiated a deal with Solstice such that all recruiting meals eaten there and paid for by corporate credit card are still fully reimbursable up to $7.00 per person. Tyler groaned audibly. Having to eat well-presented-yet-unflavored food every day was his personal hell.
    An e-mail from Katarina appeared! His heart pounded as he read her reply: “?” He read it again and mentally administered severe self-flagellation for a divination attempt gone badly awry! Tyler wished vainly for a time reversal spell to recall that e-mail. Seeing none, he instead replied, “What is the answer to which the question is ‘dinner tonight?’” He crossed his fingers.

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    Eeek: SCOTUS Denies Cert in Redskins Case

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    quinn redskins.jpgThe Supreme Court decided it wants no part of the Redskins case, and Quinn remains victorious over Native American activists who want to change the team’s racially charged moniker. The WSJ Law blog reports:

    The Redskins on Monday got a bit of good news from the U.S. Supreme Court, which declined cert filed by Native American activists who claim the Redskins’ team name is so offensive that it does not deserve trademark protection. The ruling essentially lets stand a lower court ruling that the activists waited too long to bring the challenge.

    Mmmm … laches.
    Regular Above the Law readers know that this case sparked some internal controversy at Quinn Emanuel when a then-associate at the firm took offense to Robert Raskopf’s celebratory lower court victory email.
    The associate argued that Quinn was on the wrong side of history, but it appears the firm is on the right side of the law.

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    Teacher of the Day: Judge Throws Book at 37-Year-Old Teacher/Statutory Rapist

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    Sandy Binkley teacher student sex.JPGPortland, Tennessee high school math teach Sandy Binkley was convicted of statutory rape back in September. The 37-year-old woman had sex with a 17-year-old student in a locker room.
    Binkley argued that the 17-year-old student raped her. She gave an interview to Tennessee News Channel 5 before her trial:

    “There was one incident with one student – who was a month away from being 18. He was bigger than me and he forced himself on me,” said Binkley. “He came into the room and forced himself upon me.”

    The jury didn’t buy it.
    On Friday, Binkley was sentenced. And man, the judge essentially put her behind bars and threw away the key. The Tennessean reports:

    A former Portland High School teacher convicted of having sex with her underage teacher’s aide has been sentenced to 12 years in prison.
    District Attorney Ray Whitley said Sandy Binkley “got what she had coming to her.”
    “(Judge Dee Gay) gave her the maximum sentence and that’s what she deserved,” Whitley said.

    The woman got 12 years — the maximum sentence — for having sex with a 17-year-old? Really? Does that make sense to everybody here?
    Binkley’s lawyers (obviously) feel the judge went a little overboard. Details after the jump.

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    Adventures in Lawyer Advertising: 100% Lean

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    A Biglaw traveler checked in with us from Minnesota airport:

    I almost spat out my Caribou Coffee when I saw this ad next to my gate. Apologies for the pic quality–a little blurry from combination of crappy phone pic and shaky hands from said latte.

    Here’s said ad:
    lawyers nutritional value.jpg
    Which firm is breaking down its lawyers’ nutritional value?

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