Earlier this week, the New York Daily News reported that Justice Anthony M. Kennedy has no plans of stepping down from the Supreme Court anytime soon. This wasn’t terribly exciting, since there haven’t been any rumblings of an AMK departure. In addition, Justice Kennedy has already hired at least two law clerks for October Term 2011.
And so have several of his colleagues, including Justices Antonin Scalia and Ruth Bader Ginsburg (who are said to be done with their OT 2011 hiring). Some have wondered whether Justice Ginsburg might be leaving the Court, given her health issues. But RBG’s commitment to the Court appears strong — she took the bench the day after the deeply sad passing of her husband, Marty Ginsburg — and her hiring a full clerk complement for 2011-2012 suggests she isn’t going anywhere.
A full list of the October Term 2010 law clerks, who are starting at One First Street this month, plus news (and rumor) of OT 2011 hires — after the jump.
Now that the sex lives of Supreme Court justices have become grist for commentators, we are finally free to discuss a question formerly only whispered about in the shadows: Why does Justice Antonin Scalia, by common consent the leading intellectual force on the Court, have nine children? Is this normal? Or should I say ‘normal,’ as some people choose to define it? Can he represent the views of ordinary Americans when he practices such a minority lifestyle? After all, having nine children is far more unusual in this country than, say, being a lesbian.
If you happen to be on the frigid East Coast today, currently experiencing the coldest temperatures of the season, grab yourself a cup of cocoa and a copy of the Sunday New York Times. The NYT often has articles of interest to a legal audience, but this weekend’s edition has an especially high number of stories either by or about the boldface names of the legal profession. To wit:
1. Power of Attorney: Questions for John Yoo. Deborah Solomon interviews John Yoo, the Berkeley law professor perhaps most well-known for his authorship of the so-called “torture memos.” Considering her liberal politics and modus operandi as an interviewer — we’ve previously described her as “snarky, cranky, exceedingly direct” — we were expecting her to go to town on Yoo.
But Professor Yoo actually comes across very well in the short Q-and-A (and is looking newly svelte in the accompanying photo). He’s smart, funny, and charming — not a surprise to us, based on our personal interactions with him, but perhaps a surprise to some who know only the cartoon villain depicted by the mainstream media.
2. The 30-Minute Interview: Jonathan L. Mechanic. An interesting interview with real estate super-lawyer Jonathan Mechanic, chairman of the real estate department of Fried Frank (and previously profiled here). We learn that Mechanic, in addition to being a top real estate attorney, is also a real estate investor: he owns retail and commercial properties in Bergen County, NJ (where we grew up).
Three more stories, after the jump.
* Washingtonian Magazine’s December issue is devoted to lawyers. The magazine enlisted Kash and Lat to write the cover story: “Why Lawyers Make So Much Money.” Staff writer Marisa Kashino, formerly of the National Law Journal, names D.C.’s 30 top lawyers and writes about what it takes to make partner these days. Check it out on newsstands now. [Washingtonian Magazine]
Despite their ideological differences, Justices Antonin Scalia and Ruth Bader Ginsburg bond over their shared love for the opera. Both judicial luminaries attended Saturday’s opening night performance of Ariadne auf Naxos, at the Washington National Opera. If you’re into Article III celebrity sightings, the D.C. opera house is where it’s at.
Not only did the justices attend the opera; they also participated. An eyewitness evaluation of their performances, plus a photo of Justice Scalia with a sexy soprano in his lap, after the jump.
In an interview with C-SPAN, Justice Antonin Scalia once again graced us with his worldview. As usual, it is as beautiful and terrible as the dawn.
The WSJ Law Blog sloughed through the interview transcripts and pulled out this gleaming diamond of truth:
I mean there’d be a, you know, a defense or public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society?
I mean lawyers, after all, don’t produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That’s important, but it doesn’t put food on the table and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise.
Those law students at Fordham University have a new tidbit to add to their dossier on SCOTUS Justice Antonin Scalia. He made an appearance last night at the Friendship Heights Village Center in Chevy Chase, Maryland, to talk about his book, “Making Your Case: The Art of Persuading Judges.” Politico reports that he gave out some pieces of advice, namely:
“Don’t beat a dead horse.”
“Be brief. And when your time expires, shut up and sit down.”
Avoid acronyms in brief writing and oral arguments.
Lawyers should study a judge’s background and likes and dislikes before they appear in court. “At the very least, these details will humanize the judge before you, so that you will be arguing to a human being instead of a chair.”
That last bit of advice can be taken too far, of course. Nino was annoyed when he found out about Fordham Law’s background research on him earlier this year.
Justice Scalia was willing to add to the files, though, revealing his favorite legal movie. What is it?
On Monday, the Supreme Court ordered a federal trial judge to take a closer look at the murder case against Troy Anthony Davis, a Georgia death row inmate. The SCOTUS directed the district judge to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes [Davis'] innocence.”
Justice Antonin Scalia, joined by Justice Clarence Thomas, dissented. Justice Scalia questioned the viability of Davis’s claim of actual innocence, then went one step further. Even if Davis might be “actually” innocent, he’s SOL:
This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.
This bold pronouncement caught the attention of Professor Alan Dershowitz, back at Justice Scalia’s alma mater, Harvard Law School. From “Scalia’s Catholic Betrayal,” over at The Daily Beast:
Let us be clear precisely what [Scalia's dissent] means. If a defendant were convicted, after a constitutionally unflawed trial, of murdering his wife, and then came to the Supreme Court with his very much alive wife at his side, and sought a new trial based on newly discovered evidence (namely that his wife was alive), these two justices would tell him, in effect: “Look, your wife may be alive as a matter of fact, but as a matter of constitutional law, she’s dead, and as for you, Mr. Innocent Defendant, you’re dead, too, since there is no constitutional right not to be executed merely because you’re innocent.”
It would be shocking enough for any justice of the Supreme Court to issue such a truly outrageous opinion, but it is particularly indefensible for Justices Scalia and Thomas, both of whom claim to be practicing Catholics, bound by the teaching of their church, to do moral justice. Justice Scalia has famously written, in the May 2002 issue of the conservative journal First Things, that if the Constitution compelled him to do something that was absolutely prohibited by mandatory Catholic rules, he would have no choice but to resign from the Supreme Court.
So should Justice Scalia resign? The Dersh isn’t saying that — yet.
But he does have a challenge for Nino.
* It sounds like very few protesters greeted John Yoo at Berkeley Law School. Only four were tenacious enough to get arrested. [Associated Press]
* Fen-phen lawyers sentenced to 20 and 25 years, respectively. The judge wants their sentences to deter other lawyers tempted to steal from settlement funds. [Bloomberg]
* Proskauer Rose probably likes this headline. [New York Daily News]
* Nino leads one to believe that empathy is not an important quality in a judge. [New York Times via Daily Beast]
* The 5th Circuit agrees with a Texas school district that has banned “shirts with words.” Are shirts with numbers okay? [Courthouse News Service]
* Michael Jackson’s children have lawyered up. [CNN]
* Nationwide salary cut watch: LA County judges. [Los Angeles Times]
* Why has there been no litigation surge in the recession? [National Law Journal]
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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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 email@example.com 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:
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