Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
Last night, former President Bill Clinton joined Stephen Colbert on his TV show, The Colbert Report. As many people have noted, at the very end of the program, Colbert told Clinton that he had taken the liberty of signing him up for a Twitter account, since Clinton does not currently use Twitter (he joked that he was afraid no one would reply to his tweets). The Twitter account is @PrezBillyJeff, and Colbert sent Clinton’s first tweet live while on the air. If you’re in the US or the one or two other places that Hulu actually works, you can see the exchange below (if you’re elsewhere, blame Viacom for being stupid):
Mitt Romney’s unfortunate comment at the most recent presidential debate, in which he boasted about receiving “binders full of women” while trying to build a diverse cabinet as Governor or Massachusetts, has become a wildly popular internet meme. If you’re looking for some good laughs, check out this Tumblr or this slideshow.
Happily, there’s a Biglaw connection to all of this. At which leading law firm can you assemble your own “binder full of women”?
* You know what’s really got to suck hard? Turning down a Supreme Court nomination to be governor, and then losing your gubernatorial re-election bid. Mario Cuomo is the Bad Luck Brian of our time. [New York Daily News]
* And speaking of bad luck, this prominent antitrust lawyer is like the harbinger of Biglaw doom. In the last four years, Marc Schildkraut has bounced from Heller to Howrey to Dewey. Good luck to his new firm, Cooley LLP. [Washingtonian]
* Another judge — this time from the S.D.N.Y. — has found that the Defense of Marriage Act is unconstitutional. Paul Clement, the patron saint of conservative causes, is probably facepalming right now. [Reuters]
* “I don’t know how you all practice law in Texas.” It looks like the judge presiding over the Roger Clemens case hasn’t been keeping up with all of our crazystories from the Lone Star state. [Wall Street Journal]
* “[T]he epitome of unprofessionalism”: State Attorney Angela Corey couldn’t take the heat from Harvard Law professor Alan Dershowitz, so she threatened to sue the school and get him disbarred. [Orlando Sentinel]
* “What did you guys do to deserve me? How did you guys get stuck with this? Ay yi yi.” At least Jerry Sandusky’s got a sense of humor about a potential 500 year sentence. [Thomson Reuters News & Insight]
* The election outlook for birthers may not be so bleak after all. Sure, Orly Taitz lost her bid to be a senator, but Gary Kreep might get to be a judge in San Diego County. We’ll find out later today. [North County Times]
Let’s take a break from the sad and serious story of Dewey & LeBoeuf’sdownfall and turn (or return) our attention to another kind of going down. In more salacious, racy fare, we bring you updates about female legal eagles who have flown high in these pages before — and now might find themselves crashing earthward.
The first is Reema N. Bajaj, a beautiful young Illinois lawyer who has been accused — perhaps unfairly — of prostitution charges. The second is Madam Justice A. Lori Douglas, a Canadian judge whose nude photos made their way to the internets.
So what’s the latest news about Bajaj and Douglas? Here’s a hint: What does each share in common with Bill Clinton?
As Republicans continue to play chicken with the nation’s solvency, the idea that the president doesn’t need congressional approval to raise the debt ceiling is gaining traction. The thought bubble suggests that President Obama can raise the debt ceiling because of language in the Fourteenth Amendment stating that the nation’s debt “shall not be questioned.”
The idea has been trumpeted by none other than former president Bill Clinton. Clinton said that he would unilaterally raise the debt ceiling and “force the courts to stop me.”
Of course, President Clinton had what the scientists call “balls.” He knew how to handle a group of intractable Republicans more concerned with scoring political points than governing.
President Obama? The New York Times has his response: “I have talked to my lawyers. They are not persuaded that that is a winning argument.”
Can Aaron Sorkin please write a “Let Obama Be Obama” episode? Because sometimes Barack Obama really likes to dangle his feet in the water of whatever the hell it is he dangles his feet in, when he wants to make it look like he’s trying without pissing too many people off.
In any event, is invoking Section 4 of the Fourteenth Amendment a “winning” argument that could solve this debt crisis?
A tale of two Yalies: former president Bill Clinton and aspiring senator Joe Miller.
According to the all-powerful ranking gods of U.S. News, Yale Law School is the nation’s #1 law school. In fact, Yale has been the top law school ever since the magazine started ranking law schools.
Recently, however, controversy has arisen over possible damage to the school’s reputation. As first reported in today’s New York Daily News, former President Bill Clinton and Alaska Republican Senate nominee Joe Miller are pointing fingers at each other for “diminish[ing] the university’s reputation as an elite institution.”
Let’s explore the spat — and review and vote on the seven contenders for Yale Law School’s most disgraceful graduate….
Before President Obama announced his nomination of Solicitor General Elena Kagan to the Supreme Court, we parsed some statements from former President Bill Clinton that sounded an awful like an endorsement of Kagan. At the time of Clinton’s statements, Kagan was still trying to edge out several other candidates — e.g., Judges Merrick Garland, Sidney Thomas, and Diane Wood — for the SCOTUS slot. Clinton urged Obama to appoint someone who was (1) in her late 40s or early 50s and (2) not already a judge. Of the leading candidates at the time, only Kagan fit the bill.
Judges Garland, Thomas and Wood were all appointed to their positions by President Clinton, so you’d expect him to have warm feelings towards them. But perhaps he had the strongest relationship with Kagan, who worked closely with him in the White House (and sent him lovely, handwritten notes).
Over the weekend, Clinton gave an enthusiastic endorsement for his former White House staffer….
There have been many profiles of the latest Supreme Court nominee, Elena Kagan, but this personal note to President Bill Clinton provides insight that a newspaper story can’t. It was among the documents released by the William J. Clinton Presidential Library today:
The tipster who pointed it out to us (among the 2000 pages it was buried in) noted that it reveals “the warmth and tact that she has supposedly mastered over her career.” (It may also explain why Bill Clinton seemed so supportive of Kagan as the nominee, back when Obama was mulling over his shortlist.)
Of course, Lady Kaga was not lucky enough to make it to the bench when Clinton nominated her to the D.C. Circuit, but things are looking far more promising this time around.
Shortly after Justice John Paul Stevens announced his upcoming retirement from the Supreme Court, Solicitor General Elena Kagan emerged as a leading candidate to fill his seat. The phrase “Team Kagan” started popping up all over the place (as we noted in our Twitter feed). Numerous users of Twitter and Facebook, as well as many bloggers and observers of the Court, proudly proclaimed themselves members of “Team Kagan.”
Over the weekend, Team Kagan may have gained another prominent member: former President Bill Clinton. In an interview with ABC’s “This Week,” Clinton said that he and his wife, Secretary of State Hillary Clinton, are simply too old for SCOTUS. “I’d like to see [President Obama] put someone in there, late 40s, early 50s, on the court and someone with a lot of energy for the job,” Clinton said.
Hmm…. Of the three leading candidates for the Court — Elena Kagan, Judge Diane Wood (7th Cir.), and Judge Merrick Garland (D.C. Cir.) — only one, Kagan, fits the “late forties / early fifties” demographic. Kagan is 49, turning 50 later this month (on April 28). Wood is 59 — although she’s in great health, and looks like a million bucks. Garland is 57.
Then ex-president Clinton took another step towards openly endorsing Kagan. He urged Obama to consider someone from outside the judiciary. Again, of the three leading candidates, Kagan is the only non-judge. (Judges Wood and Garland were appointed to their judicial posts — by President Clinton, as a matter of fact — in 1995 and 1997, respectively.)
Going into this weekend, Solicitor General Kagan was already viewed as the frontrunner for JPS’s seat. We’ve said so here at Above the Law (here and here), and she’s also the nominee predicted by our readers (and by Fantasy SCOTUS players, too). Tom Goldstein, over at SCOTUSblog, has flat-out declared that “[o]n October 4, 2010, Elena Kagan will ask her first question as a Supreme Court justice.”
The apparent support of a former president can only increase Kagan’s lead. But what about the issue of her (real or perceived) sexual orientation?
Ed. note: This is a guest post by Anonymous Law Professor (“ALP”), who may be writing occasionally for these pages. Given how stressed-out law students are right now — as reflected in, among other things, their exam-time tweets — we asked ALP to offer some advice on the dreaded law school exam, from the professorial perspective.
Do professors really care about drafting and grading exams?
I have yet to encounter a law professor with a flippant attitude toward grading (not that there aren’t some out there.) We want to get it right. Generally, we take pride in creating fair exams. In law schools with curves, a good exam will be a hard exam. A well-constructed exam results in a distribution of competence. I will throw questions into my exams that anyone with a pulse and writing instrument should get right. If someone routinely misses those questions, it’s clear where they fall on the curve. On the best exams, occasionally a student will spot a relevant ambiguity that even I didn’t see when I created the test. To me, that’s creditworthy.
So, yes, we care. But that doesn’t mean we like giving and grading exams.
I think my colleagues at schools that don’t give letter grades may have a different approach. They have it somewhat easier….
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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.
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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