When asked about the decision in Bush v. Gore, Justice Antonin Scalia — one of the best legal minds in modern American history — tells questioners to “get over it.” That’s right, the Supreme Court decided the winner of a popular presidential election, and one of the architects of that decision wants people to not care about it anymore. Is he serious? I wish Scalia could just “get over” the fact that privacy is a right now, but nobody begrudges him the right to ask questions about it.
It’s the ten-year anniversary of the Bush v. Gore decision, and everybody is talking about it, in part because the Court does not talk about it. Writing in the New Yorker, Jeffrey Toobin tells us that in the decade since the five “conservative” justices stopped Florida’s recount, the Supreme Court has cited Bush v. Gore exactly zero times. Think about that: it’s been ten years since the Supreme Court picked the president, and the Court is kind of hoping everybody forgets about it. Bush v. Gore is like a stripper the Court killed in Vegas when it was there for a bachelor’s party. “She’s got no friends or family, strippers die all the time in Vegas, let’s get back to the hotel and NEVER SPEAK OF THIS AGAIN.”
But this isn’t some drunk broad you can drive into the Atlantic Ocean and hope everybody covers for you. This is a presidential election! And whether or not they talk about it, the effect of Bush v. Gore is very evident today — and not just because of the five SCOTUS votes that were more important than everybody else’s….
* An inconvenient truth? A massage therapist in Oregon previously accused Al Gore, once thought to be a robot eunuch, of unwanted sexual advances. Is this why the Gores’ marriage didn’t have a happy ending? [Associated Press]
* YouTube scores a “decisive win” over Viacom in their long-running litigation over copyright infringement, thanks to the Digital Millennium Copyright Act’s “safe harbor” provision. [Technology & Marketing Law Blog / Eric Goldman]
* Should Judge Martin Feldman have recused himself in the deep-water drilling case? [WSJ Law Blog]
* Is Supreme Court nominee Elena Kagan getting “borked” — by Bork? [The BLT via ABA Journal]
* Alleged Jamaican drug lord Christopher Coke, a fugitive from justice, is captured; Manatt Phelps claims it never did lobbying work in the Coke case. [Am Law Daily]
* New York Attorney General Andrew Cuomo, now running for governor, has accepted millions in campaign cash from special interests (some of whom he has pursued as AG). [New York Times]
* Five Muslim men from Virginia are each sentenced by a Pakistani court to at least 10 years in prison, on terrorism charges. [Washington Post]
If you’re driving 100 miles per hour, but in a hybrid vehicle, can you still get pulled over? Unfortunately for Al Gore III, yes. From Reuters:
The 24-year-old son of former Vice President Al Gore was arrested for drug possession on Wednesday after he was stopped for speeding in his hybrid Toyota Prius, a sheriff’s official said.
Al Gore III — whose father is a leading advocate of policies to fight global warming — was driving his environmentally friendly car at about 100 miles per hour on a freeway south of Los Angeles when he was pulled over by an Orange County sheriff’s deputy at about 2:15 a.m.
Speed limits suck. Why can’t we institute a system of “speeding offsets,” like the market for carbon offsets? Grandmothers in Boca Raton, who consistently drive 10 miles under the speed limit, could supplement their incomes by selling the right to speed. Who needs Social Security?
After the traffic stop, things only got worse for young Al. From the New York Daily News:
Deputies then searched the car, and Gore faced an inconvenient truth when they allegedly found a small amount of pot and mind-altering pills – Xanax, Valium, Vicodin and Adderall.
“He does not have a prescription for any of those drugs,” [a sheriff's spokesman] said.
Finally, we loved this little detail:
Al the 3rd lives in Los Angeles and works for GOOD magazine, which describes itself as “media for people who give a damn.”
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: