The “Angry Police Captain” is one of the premiere cultural archetypes of late 20th Century America. The gruff, by-the-book peace officer asking his roguish subordinate if he realized how many regulations he’d broken or if he understood how many times the mayor had called that day to complain about all the damage from the car chase. At some point in the film, the captain will ask our anti-hero to turn in his badge and gun. Later on, the captain will begrudgingly return them while delivering some version of this speech: “I may not like your methods, but you get results.”
One judge has the first part of this archetype down, labeling a cop “dangerous” and questioning if he, “should not be carrying a gun.” I doubt the judge will have occasion to change his mind about a cop who pulled a gun on his neighbor, and then asked for a restraining order…
Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.
When an opinion opens with a quote from The Wrath of Khan, something is about to happen.
What followed was a straightforward benchslap littered with Star Trek references. More than a little fitting that an opinion about allegedly illegal porn downloads would focus on the pop culture universe most closely associated with 40-year-old virgins.
It’s not the cohesive, brilliant opinion about strip clubs that we recently got out of Judge Fred Biery. Instead, the opinion draws wry smiles for laying out nothing but a string of references to Star Trek seemingly designed just to prove to his fellow nerds that the Judge knows Star Trek.
Which, in a sense, makes this opinion the most “Star Trek” thing ever…
* There’s been a changing of the guard at Sidley Austin. Carter Phillips, one of our nation’s preeminent appellate advocates, is now the sole chair of the firm’s executive committee after a one-year stint as co-chair. Congrats! [The Recorder]
* It looks like the trolls attorneys behind Prenda Law got benchslapped in the worst of ways — complete with a multitude of Star Trek references. We’ll likely have more on this later today. [Ars Technica]
* The California Supreme Court just ruined everyone’s high, because it ruled that cities and counties can ban medical marijuana dispensaries. Smoke ‘em while you’ve got ‘em, stoners. [Associated Press]
* Justin Bieber is being sued for copyright infringement, along with his musical mentor, Usher. Tween girl mob: ASSEMBLE! Defend your pop idol’s honor; after all, he just needed somebody to love. [Reuters]
In 2010, police in Des Moines, Washington (fun fact: pronounced “də·moinz,” with a “z” sound at the end, unlike the Iowa version), twice Tasered a 4-year-old Newfoundland dog named Rosie, chased it out of its yard, and then shot it four times — with an ASSAULT RIFLE. This was an act of unchecked police brutality that made the Rodney King cops say, “Hey, hold on now.”
And the city recognized this and offered the dog’s owners $51,000.
But a federal judge jumped in and basically doubled the payout, accused the city’s attorneys of having “terrible writing,” and that’s not even the worst charge he levels….
* Forget playing with Wade. LeBron took his talents to South Beach to avoid tons of state taxes. [The Legal Blitz]
* Steve Susman of Susman Godfrey just completed the 180-mile trek from Houston to Austin by bike. Susman took part in this MS fundraiser with his grown kids and 35 other Susman Godfrey team members. Kudos. (You can donate via the link.) [National MS Society]
* The Obama administration is entering a showdown over its use of the “state secrets” privilege. The government is concerned that if it cannot shield “no-fly list” paperwork, it might chill their frank discussion of racial profiling. [Politico]
* A new in-house tool to replace outside counsel? Sure it may be cheaper, but can a computer get you playoff tickets? [Associate's Mind]
The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.
* I hope you’ve all got your taxes finished. Here’s a fun fact: most tax cheats live in the South and the West. The two areas of the country filled with people who think taxes are evil cheat more? Go figure. [NBC News]
* A detailed look at how the Federalist Society became so powerful in American law schools. Unfortunately, it neglects the “they tend to order better pizzas for their events” gambit. [Chronicle of Higher Education]
* Remember the new, depressing, public domain Happy Birthday song? The sponsor of that contest, WFMU, is at it again with a new contest to create modern, entertaining covers of public domain ditties. Despite my ragging on the birthday song, this is a pretty cool idea. [Free Music Archive]
* Are you a young lawyer complaining about your lot in life? You’re at this site, so statistically you are. Well, quit your bitchin’! [Associate's Mind]
* The Texas Supreme Court does not value emotional attachments to dogs. This is surprising because I can think of at least 10 country songs on this very point. [Law and More]
* Mocking law school couples with a GIF from Veep? Get out of my head, UChiLawGo! [UChiLawGo]
Given the Government’s conduct in this case, the court orders the Government to show cause why it should not be sanctioned under this court’s inherent authority. It seems that sanctions may be needed to motivate VA in the future to treat its commitments and representations to this court and opposing counsel with the seriousness to which they are entitled.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
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:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.