October 2014

We’re now in late September, so you know what that means. The first Monday in October, which starts the new Term of the Supreme Court of the United States, is just around the corner.

With that in mind, the Heritage Foundation wrangled a high-powered pair of panelists to offer their thoughts on October Term 2011:

What did Messrs. Clement and Shanmugam have to say about the upcoming SCOTUS Term?

double red triangle arrows Continue reading “A Preview of the Upcoming Supreme Court Term”

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Happy New Year!

Tonight at sundown, the members of the tribe are going to party like it’s 5772 because it’s Rosh Hashanah. For the rest of you, that means that we’ll be celebrating the Jewish New Year. If you’re still confused, you can check out this handy-dandy Jew FAQ.

Anyway, tomorrow Jews around the world will be celebrating the holiday with apples in dipped in honey, cheeks squeezed by bubbies, kugel and challah being eaten, and more motherly nagging than can possibly be described in words. Most of us won’t be at work, if only because in some states the courts will be closed in observance of the holiday.

That’s why we found it strange that one law firm in Florida was pretty much demanding that a deposition take place tomorrow. This is one of the handful of holidays that most Jews celebrate, and here comes this law firm trying to ruin it like we’re actually going observe one of the 500 other holidays we have.

It’s a good thing we have judges to tell these goyim to stick it in their shofar and blow it….

double red triangle arrows Continue reading “Benchslap of the Day: A Mensch with Some Chutzpah”


If you want to go to law school but can’t get into an ABA-accredited one, something is wrong with you. Sorry. Maybe you were raped by a scantron sheet when you were young or a freak boating accident left you unable to read brochures, but something is not right if you can’t get into law school but really want to.

And I really don’t care if you had some kind of culturally difficult upbringing or have some kind of trumped-up attention disorder or if you are a deaf-freaking-mute, because I’m sure that intelligent abused orphaned deaf-mutes suffering from ADHD with Daddy issues can easily get into accredited law schools, given the totally minimum barriers to entry into such programs. You have to fill out some forms and take a multiple choice exam without scoring significantly worse than random chance, and you’re in!

A while ago, The Economist came out with an article that we’re just circling back to now. It talked about a book written by Clifford Winston and Robert Crandall, of the Brookings Institution, and Vikram Maheshri, of the University of Houston, in which they argue that there is actually an undersupply of American attorneys, due to the stiff barriers to entry into the profession.

I’m not sure that these guys understand that the barriers to entry — such as they are — aren’t just there to protect lawyer salaries. Lawyers are trying to protect the consumers of legal services too…

double red triangle arrows Continue reading “Lawyer Undersupply? Barriers To Entry Protect Idiot Consumers Of Legal Services Too.”

You can't get your Family Law syllabus until you fill this cup.

When enterprising Ben Seisler ran short on cash in law school, he didn’t get some boring old job at the library. The UVA graduate put his education to use, realizing that — like Dorothy and her ruby slippers — he had been sitting on top of a gold mine all along. Literally.

The gold mine, it turns out, was located in Ben’s pants. Ben “donated” his sperm to a local sperm bank for $150. Apparently he took this charity work very seriously, as he returned to the bank again during his three years studying at George Mason University School of Law.

And again, and again, and again, and again….

double red triangle arrows Continue reading “Paying For Law School, One Kid At A Time”

A doctor and a lawyer walk into a bar...

It can be said with certainty that the women’s rights movement in this country has resulted in many positive outcomes. We can vote (and drive, too; sorry, Saudi Arabia). We can go to college and professional schools. We can work just as hard as men and earn almost as much. Heck, we can even run for president. What could possibly be wrong with any of these things?

Supply and demand, that’s what.

As more and more women decided to pursue higher education and become members of learned professions like medicine and the law, professional schools had to figure out what to do with all of their new female applicants. Schools in both of these fields figured out solutions. Take a wild guess as to which profession botched the decision….

double red triangle arrows Continue reading “Here’s Another Thing You Can Blame Us Women For: Better Doctors, But More Lawyers”

At the Creating Pathways to Diversity Conference, sponsored by the Minority Corporate Counsel Association (MCCA), there was a great lunchtime discussion called “Her Stories: The Evolving Role of Women in Business and Law.” It featured a panel of heavy hitters: two women currently serving as general counsel to Fortune 500 companies, and a third who previously served as GC to no fewer than four Fortune 500 companies over her career.

What does their rise say about the changing role of women in the corporate legal world? How did they get to their lofty perches? And what advice would they offer to lawyers aspiring to such successful careers?

double red triangle arrows Continue reading “Her Stories: The Evolving Role of Women in Business and Law”

Judge Jed Rakoff appreciates a man who doesn't know what he's doing.

Don’t worry about investing in a Ponzi scheme as long as you are smart or lucky enough to recoup your money before the whole thing falls apart. That is the upshot of U.S. District Judge Jed Rakoff’s decision to significantly limit the amount of money trustee Irving Picard can seek from New York Mets owner Fred Wilpon.

It’s a huge decision. Because a professional sports franchise is involved (and I’m using the term “professional” very loosely when talking about the Mets), how this impacts Wilpon and the team on the field will dominate most of the headlines and discussions about the ruling.

But make no mistake, Judge Rakoff’s ruling will have a major effect on how much money is ever recovered for victims of Madoff’s shenanigans, and could have an effect on the future liability for all investors in Ponzi schemes….

double red triangle arrows Continue reading “Mets’ Madoff Victory Is Bad News For Everybody Else”

* Not a wardrobe malfunction, my ass. Nancy Grace would sooner allow Casey Anthony to babysit her kids than admit that she had a nip slip on live television. [New York Post]

* When you have a “superior legal mind,” it’s easier for your feelings to get hurt. Gregory Berry now claims that Kasowitz Benson was “extraordinarily vindictive.” [Thomson Reuters News & Insight]

* Irving Picard’s suit against Fred Wilpon and Saul Katz has been dismissed (for the most part). This is the best thing to happen to the Mets since Bill Buckner. [Bloomberg]

* In the past, when a wife cried in Massachusetts, a judge would wipe her tears with her husband’s checkbook, but alimony just ain’t what it used to be. [New York Times]

* Apparently judges in San Luis Obispo, California have banged one gavel too many. They’ve been reaching verdicts outside the courtroom to pad their own benefits packages. [Legal Newsline]

* Florida International isn’t just dominating the University of Miami in football this year. FIU schooled Miami when it came to Florida’s bar exam results, too. [Miami New Times]

Oh happy Indian man, you know this globalization trend works both ways, don't you?

Protectionism is a song as old as time. We do it, and other countries do it to us. Every country is trying to figure our how to maximize the benefits of globalization without making their own people join a frenzied “dey tuk er jerbbbs” mob.

And that’s fine. This economic competition is good for standards of living all across the world — unless, of course, it leads to nuclear war.

But sometimes the lack of global reciprocity can become maddening. Take the outsourcing of legal work. For years we’ve been talking about how entry level, “document monkey” jobs are going from junior Biglaw attorneys to cheaper workers in India and a few other countries. Ever since the American Bar Association changed its rules in 2008 and allowed American legal work to be done offshore, competition from India over low-end legal work has been a key factor for those who care about the future of Biglaw.

And yet India remains a closed legal market to U.S. and British firms. Western firms are not allowed to do legal work in India, even though Western firms and clients are free to send work to India at the cost of American jobs.

Does this mean whoever keeps an eye on the Indian legal economy is doing a far, far better job than our own American Bar Association? Sure. But it’s hardly breaking news that the ABA is ineffective.

What’s far more newsworthy is that this fundamental inequity between the two legal markets might be changing — not because the ABA is magically getting its act together, but because Indian authorities might be willing to stop being a$$holes….

double red triangle arrows Continue reading “India Considers Becoming A Little Less Racist Protectionist”

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