So I went to the annual conference of the Association of American Law Schools in New Orleans this past weekend. The place was lousy with law school deans and I had a ton of interesting, off-the-record conversations that I can’t report on. I also spent a weekend in New Orleans that involved all sorts of other things I can’t report on. It was fun and informative, you just have to trust me.
One thing I can report on was an AALS panel I attended, “The 75th Anniversary of the Federal Rules of Civil Procedure: Looking Back, Looking Ahead.” Now… I know that doesn’t scream “drop your panties,” but the panel was moderated by Arthur Miller. Yeah, thatArthur Miller, the famous law professor who wrote Death of A Civil Procedure Rules Salesman or something. And the all-star panel he was moderating included Justice Antonin Scalia… a person Miller doesn’t really agree with when it comes to rules. I had to go. Literally, I had to.
Unfortunately, the conversation was completely over my head. I’m not embarrassed to say that. Other people in my position may pretend that they got the most out of this discussion between Miller, Scalia, Biglaw partners, district judges, and others who have advised the Rules Committee. To me it sounded like, “TWOMBLY wha wha whaa, but in IQBAL wha wha wha wha! Wha? Given TWOMBLY’s wha and IQBAL’s wha, how could you wha wha whaaa?? [Laughter]”
The only people who hate final exams as much as students are the professors who must eventually grade them. Some professors look at finals with open disdain. It takes them away from scholarship and they don’t even get the thrill of hearing themselves talk in a packed lecture hall.
Maybe it’s because so many professors hate giving exams that there seem to be so many screw-ups. Mistakes will happen, but often it doesn’t seem like schools have a clear plan of fixing mistakes in a way that is fair to all students.
NYU Law School has had its fair share of exam mishaps. It’s a long and embarrassing list.
But maybe NYU Law is finally starting to learn from past mishaps. Oh, the faculty still make mistakes when it comes time to administer exams, but this time the solution is that the professor is going to do extra work.
Then again, maybe it’s working extra hard after you’ve made an error that separates this famous NYU professor from the rabble….
Oh no he didn’t… Oh yes he did! Check out this account of yesterday’s Supreme Court argument, by the AP:
Longtime Harvard law professor Arthur Miller (at right)… was arguing on behalf of shareholders who want to sue companies for fraud. Miller is a frequent television commentator, prolific writer and possibly the inspiration for an abrasive professor in a popular account of life at Harvard.
Justice Antonin Scalia and Miller were contemporaries at Harvard Law School in the late 1950s. Miller graduated in 1958, two years ahead of Scalia.
Scalia clearly was on the side of the companies, chiming in from time to time to make Miller’s difficult task a bit harder.
After one remark, Miller let loose: “Is that because you never met a plaintiff you really liked?”
OUCH. And it must have been ten times better in person:
There was laughter and an “ooh” from spectators. Justices Stephen Breyer and Clarence Thomas laughed for several seconds, even after arguments resumed.
Miller, perhaps sensing he crossed a line, quickly added, “I took a liberty there with the justice.”
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;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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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