Kashmir Hill & David Lat

Posts by Kashmir Hill & David Lat

The John Roberts Retirement Rumor: A Postscript

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john roberts.jpgThe backstory behind the false rumor of Chief Justice John Roberts stepping down from the Supreme Court — initially reported (and then retracted) by Radar, and covered by us here, here, and here — continues to pick up mainstream media mentions as well. See, e.g., the Los Angeles Times and NPR.
We stand by our primary claim that this gossip arose out of Professor Peter Tague’s criminal law class at Georgetown Law, in which he tried to teach his students a lesson about the credibility and reliability of informants. But we would like to retract one aspect of our earlier coverage. We wrote:

Note the timestamps on the Radar posts. The first one came out at 6:10 a.m., i.e., the Pacific Time equivalent of 9:10 a.m. Eastern time. The retraction came out at 6:36 a.m., i.e., the Pacific Time equivalent of 9:36 a.m. Eastern — shortly after Professor Tague let his class in on the joke.

We now believe that the time stamps on the Radar post bear little or no relation to reality. David Perel, Executive Vice President of RadarOnline.com, admitted as much to Gawker, when he described the timestamps as “off.”
For those of you who are interested, we have a few more thoughts on the exact timing of events here.

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Adam Reposa’s ‘Bulletproof’ Business Card

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Reposa.jpgTexas attorney Adam Reposa is not shy about singing his own praises. The man registered with the State Bar as “Bulletproof,” after all. He’s not jailproof, though. He was slapped with contempt of court charges for making the “jerk-off gesture” within sight of the judge, and sentenced to 90 days in prison.
After we posted our call for lawyerly business cards, someone sent Reposa’s along:

I’ve attached a copy of Texas attorney Adam Reposa’s business card — a friend of mine got it at a bar last year. I’m not sure if it’s clever — it probably violates 4 or 5 Texas Rules of Professional Conduct — but it is hilarious.

Adam T. Reposa business card side one.jpg
Check out the flip side of the card, which is just as egregious….

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Non-Sequiturs: 02.19.10

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* System for bail = EPIC FAIL. [Beacon Broadside]
* A review of the new blog: The Life of a Law School Wife. Enjoy the blog now. When it becomes The Life of a Biglaw Wife, it will be more depressing. [Legal Blog Watch]
* Do not mess with old white dudes — and we’re not just talking about Biglaw partners. [The Legal Satyricon]
* New White House counsel Bob Bauer made less than one million last year as a partner at Perkins Coie, though more than the average partner at the firm. [BLT]
* In Boxing vs. Mintz Levin member Jonathan Ballan and his son’s bar mitzvah, Yankee Stadium rules in favor of boxing. [Deadspin]
* Glenn Reynolds likes pirates. [Instapundit]
* Tiger Woods apologizes for being entitled and addicted to sex… [CNN]
* … Meanwhile, we apologize for the tech problems this week. We hope it’s not too late.

Once You Go Pro Bono, You Never Go Back?

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Thumbnail image for Red Cross public interest deferral stipend.JPGA 2009 Georgetown Law grad, Russ Ferguson, has penned a column for the conservative American Spectator suggesting that deferred associates who have signed up to work in the public interest may not want to take Biglaw spots when they open up to them.
What’s that sound we hear? Oh, it’s the class of 2010 singing Hallelujah.
Ferguson recounts the history behind the generous $60k – $80k public interest fellowships from law firms — a history you all know well. Then he goes on to say that the firms’ Go-Away-For-A-Year money may have been too convincing. From the American Spectator:

[A]s newly barred lawyers have taken this public interest option, many have found jobs they like and enjoy. They picked up some ethical sense in school and enjoy doing work that connects with their values. They sympathize with their classmates who ended up at firms and are working long hours doing work they dislike, but they don’t want their jobs. They calculate how much they are making per hour, and find that they are better paid — at least at first — than those at firms.

True. But $60k – $80k may be a generous salary at their particular agency or organization. These folks may well have to take a paycut to stay on. (Though as long as they make $65,000, they should be breaking even on their law school investment.)
Ferguson told ATL that many public interest employers have contacted him since he wrote the column. “Originally, public interest employers expected these new lawyers to leave at their first possible chance,” he said. “Employers expected these lawyers to be often asking for days off to fly out to job interviews. Instead, they have been asking to stay put.”
Sure, serving the public interest is spiritually fulfilling, but it’s not filling the coffers. Is Ferguson right about people turning up their noses at Biglaw for Social Security benefits law? A poll, and more discussion, after the jump.

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False Advertising Meets Sharia Law

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burka burqa burkha burqha Dubai Doha UAE Qatar Above the Law blog.jpgThink back to first-year contracts class, specifically, discussion of the U.C.C. and non-conforming goods. Then check out this article, from BBC News:

An Arab country’s ambassador to Dubai has had his marriage contract annulled after discovering the bride was cross-eyed and had facial hair.
The woman had worn an Islamic veil, known as the niqab, on the few occasions the couple had met.

Who says Islam is anti-woman? For certain women, niqabs and hijabs and burqas may be beneficial.
So, when was the alleged perfidy revealed?

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Posner for President!

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Posner.jpgShould Judge Richard Posner leave the Seventh Circuit and run for president? He certainly has the beginnings of a platform.
And, despite some possible leftward drift, Judge Posner’s tendencies still seem to point in a libertarian direction. From The Atlantic:

1. Remove all limits on the immigration of highly skilled workers, or persons of wealth. (This should be done gradually, so as not to increase unemployment while the unemployment rate remains very high.)
2. Decriminalize most drug offenses in order to reduce the prison population, perhaps by as much as a half, which will both economize on government expenditures and increase the number of workers. (Again and for the same reason, phase in gradually.)
3. Curtail medical malpractice liability, which increases medical costs gratuitously (because the courts are very poor at identifying actual malpractice) and, more important, engenders a great deal of very costly, and largely worthless, “defensive medicine.”

These are just the first three planks. Check out the rest of Posner’s policy proposals — he’s more willing than most sitting judges to opine on current affairs (see also his many books) — over here.
Is Paul Krugman a Realist or a Dreamer? Toward Refocusing on Economic Growth [A Failure of Capitalism/The Atlantic]

Clarence Thomas Clarifies: His Clerks Aren’t ‘TTT’

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Clarence Thomas portrait Justice Clarence Thomas.jpgPerhaps to avoid the snowpocalypse in D.C., Justice Clarence Thomas went down to the Sunshine State this week, where he spent time speaking with law students at Stetson University and the University of Florida.

Though he’s the sphinx of the High Court, Justice Thomas is loquacious when not in oral arguments. He’s an engaging speaker: personable, genuine, funny.

Though we cringed watching video from his Thursday talk at the University of Florida. He talked about the elitism in SCOTUS clerk hiring and complained about “smart bloggers” — or “self-proclaimed smart bloggers” — labeling his clerks “TTT” last year. “That’s the attitude that you’re up against,” he told the UF law students.

We hope that comment was not inspired by these pages. In 2008, CT’s law clerks came from George Mason, Rutgers, George Washington, and Creighton law schools. If there were any “TTT” references to them here, they were in the comments section and did not come from our “smart” mouths, er, fingers. (Reader comments should not be confused with ATL editorial comment; this is why we hide the comments, for your protection.)

We worship The Elect, regardless of alma mater. Lat has been heaping slavish adoration at the feet of SCOTUS clerks since 2004.

More thoughts from Justice Thomas on clerk hiring, paying off his student loan debt, and law firm layoffs, after the jump.

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The ATL ‘Do I Have A Right?’ Challenge

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Do I Have A Right challenge.jpgBack in October, we wrote a piece for the Washington Post about retired Supreme Court Justice Sandra Day O’Connor’s new educational video games. She’s spearheading a project called Our Courts, which seeks to improve civic education in middle schools. One game, Supreme Decision, lets the kiddies weigh in on a First Amendment case in the Supreme Court. The other, Do I Have A Right? (DIHAR), lets players start a law firm and serve clients with constitutional issues.
The subject of law firm management is a subject near and dear to many ATL readers’ hearts. We have noticed that commenters often have many suggestions for how it can be done better. So we have decided to put you to the test with a DIHAR tournament.
The winner of the tournament will get more than just bragging rights. The award for the ATL reader with the highest score is a starring role in an upcoming Our Courts game.
More information, plus complete contest rules, after the jump.

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A Holiday-Themed Caption Contest: The Finalists

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Last week, we provided this photo to you, for a caption contest:
gift wrapped office.jpgThis time we picked not one but two groups of finalists. One group of nominees came from the comments on the post, in the traditional fashion. The second group of entries was generated by guests at the recent holiday happy hour, sponsored by Applied Discovery.
Check them out and vote for your favorite in each group, after the jump.

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Sidley Austin’s Plans for 2010 Law School Grads
(Plus another testimonial about Brian Schroeder.)

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sidley.gifThe big news out of Sidley Austin today involves Brian Schroeder, a 2009 Harvard Law School graduate who recently turned himself in for setting fire to a chapel housing the remains of 9/11 victims. Earlier today, the firm told ATL it was rescinding Schroeder’s job offer.

But there are other developments at Sidley too. Regarding start dates for class of 2010 graduates, a source reports:

Sidley Austin sent out letters regarding their deferral program. The details are a January 2012 start date, not optional. Health insurance coverage starting June 1, 2010 (thank goodness), and a stipend of $5000 / month starting January 2011. As usual, no stipend if we work for another law firm, and they reserve the right to call us back early if hell freezes over work picks up.

Sidley declined to comment on its deferral program.

On the subject of being summoned to work before 2011, we’d tell the tipster: hey, it might happen. As you may recall, some Sidley D.C. incoming associates were contacted over the summer and asked to start early.

A year and a half is a long time to be deferred. Hopefully members of the class of 2010 won’t get into as much trouble as Brian Schroeder during their time off.

CORRECTION: As noted in the comments, and confirmed by emails sent to us directly, Sidley is splitting up the class of 2010. Some are starting in January 2012 and some in January 2011 (which is apparently the earliest start date).

Speaking of Brian Schroeder, we wanted to draw your attention to one reader comment that struck us as funny, as well as yet yet another testimonial about him (to add to the prior ones).

Check them out after the jump.

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(Plus another testimonial about Brian Schroeder.)”

‘Run, Forrest, Run!’ (And then go get a J.D.)

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scott black child marathon runner.jpgThe New York City marathon happens this Sunday. We know many lawyers who will be running it, and we wish them luck.

The marathon did not impose a minimum age until 1981 (16, raised to 18 in 1988). Pegged to the upcoming marathon, the New York Times had a fascinating article earlier this week about child marathoners, focusing on Wesley Paul, Scott Black (pictured), and Howie Breinan:

The adventures of Paul, Black and Breinan offer a glimpse into a forgotten aspect of the running boom of the late 1970s. Preternaturally self-disciplined, they were among about 75 children (ages 8 to 13) who tackled the early years of the New York City Marathon in a time of novelty and naïveté….

With no conclusive study, physicians still debate risks to children who compete in marathons, like muscular-skeletal injuries, stunted growth, burnout, parental pressures and the ability to handle heat stress.

Another risk: going on to become a securities lawyer. Two out of the three child marathoners profiled by the Times now practice in that field.

Scott Black is a senior trial lawyer at the Securities and Exchange Commission in New York (after several years at Wachtell Lipton, where he worked with Lat on a number of cases). Wesley Paul is a partner at Michelman & Robinson, where he practices corporate and securities law.

We touched base with Black and Paul to ask about possible connections between their running and legal careers. Read more, after the jump.

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Should Judicial Elections Be Abolished?
(Or: ATL chats with Justice Sandra Day O’Connor.)

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justice oconnor.jpgRetired Supreme Court Justice Sandra Day O’Connor is not really retired yet. “I am more busy in retirement than before,” she told Above the Law in a recent interview. One of her myriad projects is Our Courts, a non-profit organization that develops Web-based games to teach seventh- and eighth-graders about government. We spoke with Justice O’Connor recently for our piece for the Washington Post reviewing the games.
We had hoped to actually play the games with her, but it turns out she’s not much of a gamer. Not being the computer type, she hasn’t actually played the Web-based games herself. “I watched young people play it. They have a lot of fun. They’re actively engaged. I think it’s very exciting,” she told us.
Justice O’Connor has been touring the country to promote the games. She even stopped in to chat with Jon Stewart on the Daily Show. We got to catch up with her via conference call last month. We rung her up at One First Street — like some retired Biglaw partners, retired SCOTUS justices get to keep an office. After her secretary connected us, Justice O’Connor answered the phone: “Sandra Day O’Connor.”
We discovered that O’Connor is adamant about bringing an end to the election of judges in America. Read more from our interview, after the jump.

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(Or: ATL chats with Justice Sandra Day O’Connor.)”