“In accepting the offer to join Ropes & Gray, Ray accepted Roscoe Trimmier’s assurances that Ropes ‘does not see black and white, only shades of Ropes & Gray.’”
That’s paragraph 75 from the latest complaint filed by John H. Ray III, a 2000 graduate of Harvard Law School and an African-American man, against his former employer, Ropes & Gray. According to Ray, the firm, after initially embracing him with open arms, turned on him. Ray claims that he was subjected to racial discrimination and retaliation, which made his time at the firm more painful than pleasurable. And, unlike Anastasia Steele of Fifty Shades of Grey (affiliate link), Ray did not enjoy the alleged abuse.
When we first wroteabout Ray, he was proceeding pro se against Ropes & Gray. Now he has hired counsel — an experienced employment-discrimination litigator who has appeared before in these pages.
Let’s find out who’s representing John Ray, and take a closer look at the complaint — which features an Above the Law shout-out, interestingly enough….
* 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 is a difference between being “insensitive” and being wrong. It’s more important and less obvious than you might think. [Volokh Conspiracy]
* Is it harder to go to college in America today if you are a minority — or if you are poor? [Forbes]
* I live in Oakland, so I’m more surprised when a day goes by that I don’t see someone with marijuana sticking out of their pants. [Legal Juice]
* The finalists in the ABA Battle of the Bands sound pretty darn good. My vote will probably to go to Jenner & Block partner Joe Bisceglia rocking out to some old Chicago blues. [Legal Blog Watch]
* Uggs just won a $686 million judgment against counterfeiters. But for some reason, after years of asking every woman I know, no one has been able to explain to me why people insist on wearing them when it is more than 25 degrees outside. I just don’t understand the appeal. [Fashionista]
* It seems like NYU Law really doesn’t want to give up all of its employment data. Reminds me of playing “keep away” when I was seven, and specifically how the game always ended in shouting matches and damaged egos. [Law School Transparency]
We believe in offering a wide range of perspectives here at Above the Law. That’s one thing that’s nice about having four full-time writer/editors — myself, Elie, Staci Zaretsky, Chris Danzig — and about a dozen outside columnists.
Today we bring you a different viewpoint on the Baylor law admissions data. Prominent lawyer and blogger Ted Frank, previously profiled in these pages for his work in the class-action area, uses the same data to argue against affirmative action.
On Wednesday, we reported on Baylor Law School accidentally releasing personal academic information for its entire admitted class. It was a massive screw-up, and on Wednesday, we showed you the GPA and LSAT scores for Baylor’s admitted students (with the students’ names redacted, of course).
But there were other fields available in the accidentally released spreadsheet, including racial categorizations for each student and scholarship information. I didn’t include the race field earlier this week because, frankly, I didn’t want the entire news story (of the screw-up) to be overrun by a discussion about race and affirmative action.
But, look, I ain’t afraid of you people. Getting a complete racial breakdown of the class to go along with their grades and LSAT scores is a look inside the law school admissions process that we don’t often get to see.
So, let’s play our game. Looking at the Baylor numbers, you can see the affirmative action “bump” in LSAT scores, and to my eyes, it really shows how foolish the opponents of affirmative action really are….
There are data breaches, and then there are data dummies. The people at Baylor Law seem to be in the latter category.
Nobody was trying to steal the personal information of the admitted students at Baylor Law. But a screw-up by someone at the school resulted in all of the personal information of the admitted class getting transmitted to everybody else in the admitted class.
All of it. Names, addresses, grades, and LSAT scores. Pretty much everything besides social security numbers.
Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, I said they were openly begging for a right-wing Supreme Court to review and overturn their ruling.
It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection.
I’m sure that last part is just coincidence though….
Our latest grammar poll pertains to usage, but it has a political component to it as well. It touches on hot-button issues like affirmative action and racial preferences, about which our readers have passionate opinions.
The question, in a nutshell: What does it mean to be a “diverse” individual?
Does George Will look like the protector of Black America to you?
People who think giving charity to those less fortunate also gives them the right to direct the personal choices of those receiving the charity are some of the worst people on the planet. The biggest offenders are religious organizations: “Ooh, here’s some food. Yes. You like food, don’t you? I bet you’re hungry — I can tell ’cause I can see your ribs. Well, it’s all you can eat in here… first, just say you accept Jesus Christ as your lord and savior. SAY IT. Wonderful. Bon appétit!”
Organizations do it all the time, but there are plenty of individuals who also think giving a guy a buck gives them the right to tell the recipient how to spend the money. This behavior is the worst because it takes what should be a generous gesture (giving somebody money) and turns it into a cheap way to make a BS point about your moral superiority (“If this man did just one thing more like me, he wouldn’t have to beg for my scraps.”).
If you want to help, help. But don’t use “helping” as an excuse to further some ridiculous personal agenda. You’ll just look like an idiot. You’ll just look like George Will prancing around the pages of the Washington Post trying to act like he is against affirmative action because he suddenly wants the Supreme Court to step up to the plate and “help” black people….
According to a new study by UCLA law professor Richard Sander, discussed in an article in the Denver University Law Review, “the vast majority of American law students come from relatively elite backgrounds; this is especially true at the most prestigious law schools, where only five percent of all students come from families whose SES [socioeconomic status] is in the bottom half of the national distribution.”
In other breaking news, studies show that the vast majority of people who get into water emerge wet.
It’s beyond obvious that American law schools favor the elite. Talent will take you far, but having a financially sound family will take you farther. Professor Sander — whose prior research on law school prestige generated lots of buzz last year — argues that schools should use socioeconomic factors as a partial substitute for racial preferences.
Well, that’s a false choice if I ever heard one. Why can’t we have both socioeconomic and race-based affirmative action? Look, you can accuse me of playing the “race card” if you want to, but I’m just trying to figure out a way to help white people get into law school….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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