Justice Clarence Thomas
Elie here. Imagine Santa Claus stopping by your house — except this time Saint Nick is a mute, who stuffs your stocking with personal responsibility and brings you wooden toys, because those were the only ones available when his legend was born.
Well, joking aside, Justice Clarence Thomas will be stopping by Yale Law School on December 14th. And since there won’t be a case in front of him, he’ll actually be talking.
But not to everybody. Sources tell us — and Yale Dean Robert Post confirmed, in a school-wide email — that Justice Thomas will be speaking to the Yale Federalist Society and to the Black Law Students Association, as well as attending a class and a private reception. He won’t be making any general public appearance.
Setting aside commencement, it’s fairly typical for guest speakers (including Supreme Court justices) to speak to specific student groups and not the law school at large. If Justice Elena Kagan went to Yale, she’d likely speak to the American Constitution Society and the Socratic Hard-Ass Faculty Coven.
Some students claim, however, that the Yale administration has contacted several student organizations and asked them not to protest during Thomas’s visit. We don’t know if that’s true, and a message from Dean Post (reprinted below) does not directly mention anything about student protests. But the mere rumor of Yale trying to quash protests, circulated on “The Wall” (the YLS list-serv), has made some students angry.
Should they be? Strap yourselves in for an ATL Debate….
Continue reading “Clarence Thomas Is Coming To Town”
* This is why we are losing to China. [Wall Street Journal]
* Remember a while back when I said that this was Bloomberg’s city and New Yorkers are just living in it? The Mayor agrees with me. [TPM]
* McDonald’s gets around the stupid Happy Meal Ban law like Elie gets to the head of the line the day that McRibs come back. It’s entirely possible that I have Stockholm Syndrome. [Legal Blog Watch]
* Kash found a judge who kind of gets it. [Forbes / Not-So Private Parts]
* Boy, law profs are really pissed about the notion that legal scholarship is overly expensive. [Law Librarian Blog]
* When anti-bullying goes real wrong. [Simple Justice]
* I bet if U.S. News started ranking Law School Career Service Offices, CSO employees wouldn’t be so quick to blame the students. [U.S. News]
* Every time somebody offers to be the internet police, I respectfully decline. [The Trial Warrior Blog]
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No surprises here: Skadden has matched the 2011 Cravath bonus scale. Given the sheer size of Skadden, in terms of attorney headcount, this announcement directly affects the pocketbooks of more lawyers than the Cravath news (although the indirect effects of Cravath as market leader are, of course, huge).
So we won’t have a repeat of 2008, when Skadden paid twice as much as Cravath (aka Half-Skadden). Firms are essentially recycling last year’s bonus schedules. Hence our snazzy “recycling money” image, which will be the logo for Associate Bonus Watch 2011.
Let’s look at the memo, along with reactions from SASMF associates….
Continue reading “Associate Bonus Watch: Skadden Matches Cravath”
Let’s play a quick game (which we might return to later if there’s interest). If we were to give out awards to the different federal judicial circuits, in the manner of a high school yearbook, which awards would go to the different circuits? Here are some of my nominations:
(Article III groupies: Feel free to suggest others, in the comments.)
As for the other awards, well, they’d all go to the Ninth Circuit. It’s the nation’s most famous (or infamous) federal appeals court, so it would win “Most Likely To Become A Celebrity.” It’s the biggest, so it would win “Most Popular” (especially among the ACS and ACLU crowd). It would win “Most Athletic,” since it includes California. And it would win “Biggest Flirt,” thanks to its numerous superhottie judges. (Don’t you wish they all could be California jurists?)
The Ninth Circuit would also run away with “Most Likely To Be Made Fun of on YouTube” — since it already has been. How many circuit courts can claim that distinction?
Continue reading “How the Ninth Circuit Stole Christmas”
[T]he dislike [for legal academics] is a result of law professors being too much in the world. You see, law professors — and I should disclose here that I am one — very nearly run the world, or at least certain parts of the U.S. government. When you include Justice Anthony Kennedy, who taught nights, they make up the majority of the Supreme Court.
– Professor Noah Feldman, in an interesting and provocative Bloomberg opinion piece (via Overlawyered), responding in part to David Segal’s latest New York Times piece criticizing legal education.
(Additional excerpts and discussion, after the jump.)
Continue reading “Quote of the Day: Law Professors Rule (Literally)”
New course offering at Miami area law schools.
Many of you will be outraged by this story, and many more of you will pretend to be outraged by this story if it comes up in front of your wife or girlfriend. And the story is outrageous. It’s sexist and clearly unethical.
But… doesn’t hiring strippers to pose as paralegals and then sending them into jail to “service” your defendants / clients sound like the most natural business strategy in the world? Supply, meet some serious demand.
Hey, rich corporate clients get this treatment all the time. I don’t just mean that figuratively. I’m sure that there have been lawyers who literally brought their clients to a strip club after they closed the deal on their representation. We all know that firms put the prettiest secretaries on the floors clients see, while the floors with associates who share offices are staffed by hagravens. T&A has been used to secure clients probably since we moved out of the state of nature.
Lawyers in the great city of Miami are just taking this natural service and extending to to criminal defendants. What’s so wrong with that?
Continue reading “Arguably The Best Use Of Sexism And Unethical Behavior Ever”
Now THIS is a legal ad.
It’s easy to forget that lawyering is a business that requires a significant amount of advertising. Lawyers offer a service, and as many unemployed attorneys know, the profession includes lots of people doing essentially the same work. You have to find your customers to make it rain.
For more and more attorneys, blogging has become one part of an overall marketing strategy. Is law blogging always advertising? The Virginia State Bar seems to think so. Last month, it disciplined a small-firm attorney for not providing adequate advertising disclaimers on his blog.
Is the Bar, as Judge Richard Posner likes to say, being an ostrich? Is it sticking its head in the sand and ignoring the current technological paradigm — or is there a legitimate ethics concern here? Let’s see….
Continue reading “Is Law Blogging Just Advertising? The Virginia Bar Thinks So”
Caveat: I did not write the following dialogue. It is from the “comments” section of one of my columns where I mentioned I’d be writing about HIPAA and GLBA. Unfortunately, I cannot attribute the comments to the persons who wrote them, as they are anonymous; however they are quite apropos of today’s subject:
1) “I wish vendors would get it into their heads that indemnity for being sued on a confidentiality basis doesn’t cut it for financial institutions and other customers/clients that have affirmative obligations without being sued in the event of a breach of confidentiality.”
2) “I wish financial institution customers would get it into their heads that the ‘customer information’ they’re obligated to protect is not the sort of thing they would ever disclose to the vast majority of their vendors, and stop using their ‘affirmative obligations’ as a tool to cram unnecessarily restrictive confidentiality terms down the throats of vendors.”
Perfect. Those two comments capture the schism between vendors and customers when dealing with private financial or personal confidential information….
Continue reading “House Rules: HIPAA and GLBA and Indemnity, Oh My!”
Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Way Worse Than Being A Dentist, is available on Amazon, as is his previous book, Life is a Brief Opportunity for Joy (affiliate links).
I received an offer recently that I couldn’t refuse – an invitation from “legal search consultants.”
Headhunters!
They were having a convention and asked if I wanted to drop by, and, you know, say hi.
Vague images flitted through my mind – guys in suits dancing in a conga line wearing hats with silly horns…
Continue reading “Jungle Drums”
* Facebook settled with the FTC over its privacy violations. Mark Zuckerberg will be adding a “dislike” button to the site so he has an appropriate way to deal with this. [National Law Journal]
* The lawsuit seeking to overturn gay marriage in New York will proceed. Eric Schneiderman just got disinvited from more holiday parties than he can even count. [New York Times]
* On appeal, Dechert will get to walk away from the Dreier drama without losing a single dime, but not if Marc Kasowitz has anything to do with it. [New York Law Journal]
* Herman Cain’s defamation lawyer, Lin Wood, is apparently living on a very nice planet where “guilt by accusation” isn’t already the norm in the realm of politics. [Washington Post]
* What’s with all of the child predator attorneys flocking to New Jersey? Solo practitioner Tobin Nilsen got 12 years for trying to have sex with a 7-year-old girl. [Atlanta Journal-Constitution]
Last week, we covered the apparent epidemic of snitching happening at USC Gould School of Law.
(Yes, at the law school. If this snitching took place at the college, people would be dropping bodies instead of emails to Above the Law.)
As we first heard the story, somebody allegedly ratted out a popular law professor to the administration for his unorthodox teaching techniques. While many students wanted to find the “snitch,” a person who sympathized with the snitch wrote a sarcastic email making fun of those who were outraged by the tattletale:
TO THE PERSON WHO BETRAYED THE SANCTITY OF OUR CLASSROOM: HAVE YOU NO SHAME? I HONESTLY HOPE THAT YOU ARE CAPTURED BY TERRORISTS AND THAT THE RANSOM VIDEO IS LOST IN THE MAIL! AND NOBODY EVER FINDS YOU! I HOPE THAT WHEN YOU GO ON YOUR NEXT JOB INTERVIEW, AN AIDS-INFESTED BABOON TAKES A S**T ON YOUR CHEST!
And he was just warming up. Read on for updates, amusement, and enlightenment….
Continue reading “USC Law’s Snitch Patrol: Episode Two”
* We suspected as much: it appears that the “poop tattoo” story is, er, “full of crap.” [The Smoking Gun]
* What’s the first Michael Jackson lyric that Conrad Murray will hear in jail from his fellow prisoners? My vote: “I want to love you, pretty young thing.” [Hollywood Reporter]
* Herman Cain wants the media to get off his d*ck about his alleged extramarital affairs. He’s got plenty of other women who he’s “never acted inappropriately with” for that. [Volokh Conspiracy]
* Anyone can be a law student stripper if they try hard enough, but it takes a special kind of gal to pose as a paralegal and strip for prisoners. [Riptide 2.0 / Miami New Times]
* Corporate socialism and you: a business primer for New York, courtesy of David Cay Johnston. [Reuters]
* The “first ever” original jurisdiction standings? An interesting read if you’re a con law nerd. [Odd Clauses Watch]
* After bopping her on the head with a hatchet, you can be damn sure that your neighbor is never going to let you borrow a cup of sugar again. [Legal Juice]
Thanks to all who participated in the Turkey Day survey. I am happy/jealous to report that an overwhelming 93.2% of small-firm respondents are able to take time off for holidays. And 76.6% do not need to do any work from home during the holidays. Half of survey respondents, however, are still required to check email during the holidays.
So, is it easier to take time off at small law firms than at Biglaw?
Continue reading “Size Matters: Small Firms Rule”
Who was busy stuffing themselves silly with turkey and all the trimmings? And who was busy loading up on billables? Tell us by taking our short and confidential survey, brought to you by Lateral Link. Then check back later in the week for the survey results. In the meantime, you can visit the Career Center to find out more about the vacation policies at the top law firms.
Justice Elena Kagan
The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):
“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”
That’s just the overview. Let’s delve into the details a bit more….
Continue reading “A Portrait of Elena Kagan as a Young Justice”
You have to love it when law students are openly telling New York Magazine that they are stripping on the side.
It’s even better when it’s a student at one of the best law schools in the nation. Or did the magazine just successfully troll its own readers?
Continue reading “‘Students Employed As Strippers’ Should Be Part Of A Law School’s Ranking”
[Y]ou have one child who is a lawyer; you don’t think twice about it. You have two, and you write it off as a coincidence. You have three, and you begin to lie awake at night and scratch your head. You have four, you’re pretty sure there is a special place for you reserved in the hereafter.
– Dean Joseph Kearney of Marquette University Law School, recalling one of his father’s quips about his children’s career paths.
UPDATE (5 PM): Sigh. According to the Smoking Gun, the “poop tattoo” story — reported by The Sun and picked up by Drudge, among many other outlets — is full of crap. But it was fun while it lasted, no?
Some people love tattoos, other people hate them. I’m one of those “other people.” I have no idea why people would want to turn their bodies into coloring books. But if people want to permanently decorate themselves, then by all means, go right ahead.
Besides, if people weren’t so obsessed with inking their bodies, we wouldn’t have awesome lawsuits like this one to talk about. Here’s some background information before we get into the heart of this case:
Boy, a tattoo artist, meets Girl. Girl is a nerd who has a thing for Narnia. Boy and Girl fall in love. Girl decides that in addition to Narnia, she has a thing for Boy’s best friend. Girl cheats on Boy, thinking Boy is none the wiser. Girl asks Boy for a Narnia tattoo. Boy finds out Girl’s dirty secret, and begins to plot his revenge….
Continue reading “Love Hurts, Especially When Your Boyfriend Gives You a ‘Tatt-poo’”
The real Elizabeth Sky
The Internet may be infinite, but people still are constantly fighting over online real estate. It happens in the porn industry, and it happens to celebrities. Even Miami Dolphins cheerleaders have to fight for their right to party at their own website.
The U.S. District Court for the Southern District of Florida recently ruled in a dispute between two models using the stage name Elizabeth Sky. The defendant allegedly went on a campaign across the Internet to destroy the other model’s social networking presence. Will the real Elizabeth Sky please stand up, please stand up, please stand up.…
Continue reading “Model Who Says, ‘I’m Too Sexy For This Trademark’ Loses $81K Suit”
