It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
How would you define excessive force? There doesn’t seem to be a precise definition, if only because it’s a matter of legalese. Generally speaking, the police shouldn’t be using force beyond what is called for under the circumstances, which is a somewhat subjective test.
We’ll lob you a softball so you can decide the answers to these important questions. Can you use a Taser on a pregnant woman? How many times can you do it? Once? Twice? Three times?
Now, if your initial reaction was something like, “Holy sh*t! Who does that?,” you must be thinking that the police would be crazy to tase a pregnant woman — especially a pregnant woman who’s two months away from her due date. She’d have to have done something egregious to warrant the use of such force.
But that’s not what happened to a pregnant woman in Washington who received the punishment for a mere traffic violation. And the police officers who inflicted her pain want to take the case to the United States Supreme Court….
This is my first column for Above the Law on the Supreme Court. In an effort to help me generate effective linkbait, the Supreme Court issued an opinion yesterday at the intersection of bankruptcy and tax law for farmers — Hall v. United States.
Basically, Hall means that, if you’re a farmer and you declare bankruptcy on your farm under Chapter 12 (“the one just for farmers”), and, while in bankruptcy, you sell your farm, you will still have to pay capital gains tax on the sale of your farm — any liability to the IRS is not dischargeable.
Perhaps the most exciting part of the opinion is that Ninth Circuit was affirmed. Though, in fairness, the Ninth Circuit opinion was written by Judge O’Scannlain, so it’s not as though the Supreme Court affirmed Judge Reinhardt.
Also, farmers who are in bankruptcy and sell their farms now have to pay tax on the profits from those sales. I’m sure much of the Midwest is rioting in response.
For those who practice tax law, bankruptcy, or farming law, you will definitely want to read the opinion and some of the write-ups on it.
But the most exciting part of the morning involved new members of the Supreme Court bar….
The federal judiciary recently lost two of its most distinguished members. One was a trial judge on the East Coast, and one was an appellate judge on the West Coast (as well as the nation’s longest-serving federal appellate judge).
Both were leading lights of the Article III judiciary. They will be deeply missed by their courts; their clerks, current and former; and their colleagues….
* Aw, come on, Mort, Dewey really have to pay you $61M? In case you missed it last night, the only thing that made the former vice chairman’s departure memo dramatic was the insane amount that he claims he’s owed. [DealBook / New York Times]
* Congratulations to Jacqueline H. Nguyen on her confirmation to the Ninth Circuit. She’s the first Asian American woman to sit on a federal appellate court, so she’s earned our judicial diva title (in a good way). You go girl! [Los Angeles Times]
* Google might’ve infringed upon Oracle’s copyrights, but a jury couldn’t decide if it constituted fair use. Sorry, Judge Alsup, but with that kind of a decision, you can bet your ass that there’ll be an appeal. [New York Times]
* A Harvard Law professor has come to Elizabeth Warren’s defense, claiming that an alleged affirmative action advantage played no role in her hiring. And besides, even if it did, it only played 1/32 of a role. [Boston Herald]
* Classes at Cooley Law’s Tampa Bay campus began last night. Unsurprisingly, the inaugural class is double the size originally projected, because everyone wants to attend the second-best school in the nation. [MLive]
* Albany Law will be having a three-day conference on the legal implications of the Civil War. This could be a little more exciting if presenters wore reenactment garb and did battle when it was over. [National Law Journal]
* Jury selection is underway in a second degree murder trial that will forever be known as the case where a defendant first raised the “Snooki Defense.” He didn’t kill his wife… but her spray tan did. [CBS Miami]
There’s nothing a lawyer likes better than winning a case — especially a case that’s been argued before the U.S. Supreme Court. It’s basically the crowning achievement of a successful career in the law. That being said, even the most gracious SCOTUS victor is entitled to do some gloating (even if the subject matter was particularly snooze-worthy, like qualified immunity).
But sometimes lawyers can go a little overboard with their victory dances. Sometimes lawyers will think up some really outside-the-box ways to shame the losing litigant — and, in the process, themselves.
And with that, allow us introduce you to our Lawyer of the Day, a man who decided it would be a great idea to write a letter to his opponent with the suggestion that he read the SCOTUS opinion “eternally from hell”….
* Elsewhere in social-media news, thank God for this ruling. Otherwise, everyone we know would be fired and in jail. [WSJ Law Blog]
* If you still aren’t on Twitter, here’s another reason you should jump on the bandwagon. You never know when your boyfriend might get kidnapped in South Africa and thrown in the trunk of a car, and you have to tweet the kidnappers’ license plate so he can be rescued. [Ars Technica]
Majority opinions are hardly sitting ducks for the criticism dissentals may heap on them. If a panel majority finds that a dissental scores some valid points, it can modify its opinion to eliminate the problem, something that happens regularly in the Ninth Circuit. Indeed, fear that internal criticisms will be taken public often causes judges to moderate outlier opinions so as to present a smaller target for public criticism and possible certiorari. One of us (yes, the hot one) is even aware of a case where the panel withdrew its opinion and reversed the result, after winning the en banc vote, in the teeth of a stinging dissental.
* As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek]
* Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg]
* Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]
Montana Chief Judge Richard Cebull started the first day of the rest of his life today. The judge who sent around a racist and sexist email about Barack Obama and the president’s dead mother started the “damage control” process that will never really end.
Richard Cebull could emancipate slaves and everybody would still know he’s a racist. Obviously, his family and friends already knew he was racist, but now the general public gets to know. There’s nothing for it now. Whether or not he will still be allowed to have a job is pretty much all he can fight for.
And he is: he’s voluntarily asked the Ninth Circuit to review his conduct. And he’s written a letter of apology to President Obama — who is rapidly on his way to becoming the most poorly treated president in American history (even though the last one was openly thought to be mentally retarded, and the one before that was impeached for getting a BJ).
But we’ll get to all that. First, free of charge, I’m going to slow down long enough let everybody catch up to why the original letter was racist, and why sending the thing makes Cebull a racist, too….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.