Over the past few months, Justice Antonin Scalia and Judge Richard Posner have been trading benchslaps. The most recent clash got going a few weeks ago, when Judge Posner wrote a harsh review for the New Republic of Justice Scalia and Bryan Garner’s new book, Reading Law (affiliate link).
Professor Garner is not happy with Judge Posner’s treatment of the book. Let’s hear what he has to say — and also speculate on how the Posner/Scalia tiff might affect Posner’s feeding of law clerks to Scalia….
In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.
And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”
Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?
I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?
* When in doubt, seek divine guidance and bet it all on black. Supreme Court Justice Antonin Scalia is going to be visiting Las Vegas this week, where he will attend a Red Mass and then head for the Strip. [Reno Gazette-Journal]
* After being limited on page length, a licensing expert opted to file a five-page cartoon brief in the Apple e-book case. This dude can retire, because he’s achieved legal baller status. [Bloomberg]
* James Hayes’s lawsuit over ICE’s alleged federal “frat house” has been sent to mediation for a possible settlement — but in real Greek life, he likely would’ve been peer pressured to de-pledge. [Washington Post]
* Bull’s-eye! Brooklyn Supreme Court Justice Arthur Schack has recused himself from a personal injury case where he was alleged to have called a Cozen O’Connor partner a “piece of sh*t.” [New York Law Journal]
* The case of the missing asterisk: an Ohio Court of Appeals candidate was fined for wearing judge’s robes in her campaign flyers because she failed to indicate her judicial status or lack thereof. [National Law Journal]
* How much does it cost to cover up and then begrudgingly deal with a child sex abuse scandal? The tab thus far for Penn State University is about $17M — $4M of which went to legal services and defense. [CBS News]
* Despite Villanova Law’s admissions scandal, the dean reports that the school has admitted its “highest-quality” class ever. You know it’s hard to believe anything you say about your data, right? [Philadelphia Inquirer]
Ed. note: This new column is about sports and the law. You can read the introductory installment here.
It wasn’t until law school that I realized adult life was one long series of birthday dinners. There was one every week it seemed. And at one birthday dinner in particular, I gave a speech that would haunt me for the rest of my law school career. Like an STD.
It was somebody’s birthday and we were eating Mexican food. And I was stationed at one end of the extra-long tables near a few friends and acquaintances. Several beers into the meal, I loudly steered the conversation towards a discussion of herpes. I’m not really sure why I did this. I think I had read something on the intertubes that day. At any rate, I told my end of the table that herpes was way more commonplace than they thought, and that the effect of the disease was far less dire than they thought. That, sure, some cases were worse than others, but that the puritanical myth-makers in our culture had convinced us that it was worse than death. Which it wasn’t. I was in high dudgeon, my friends. The floor was mine, and I was taking no prisoners in my attack on what I had deemed a cultural sex libel. “I’m telling you, ladies and germs. Herpes is NOT THAT BIG A DEAL!”
Not a single girl present at that dinner ever came close to having sex with me. On a related note, Kris Humphries was sued for allegedly giving a girl the herp.
Despite all the recent controversy surrounding U.S. Supreme Court decisions on health care, immigration and other issues, nearly two-thirds of Americans can’t name even a single member of the Supreme Court.
Justice Scalia is fond of reminding me that he was the first Yankees fan on the Court and he is still a very loyal Yankees fan. I keep telling him the only difference is that I was born in the Bronx and he wasn’t.
Over the years, Judge Richard Posner (7th Cir.) has sent a number of his clerks to the chambers of Justice Antonin Scalia. Query whether Judge Posner’s record as a feeder judge to Justice Scalia will be impaired by the recent sniping between them (or by Judge Posner’s ideological drift; as he recently told NPR, he has grown less conservative “since the Republican Party started becoming goofy”).
Last month, Judge Posner expressed misgivings over Justice Scalia’s impassioned dissent in Arizona v. United States, a high-profile case about immigration. Judge Posner questioned the “famously outspoken” justice’s decision to include complaints about illegal immigrants in his dissent, suggesting that such discussion might be more appropriate for a campaign ad than a judicial opinion.
In a recent interview, Justice Scalia benchslapped back — hard. What did he have to say?
* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]
* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]
* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]
* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]
* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]
* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]
* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]
* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.