My years as a prosecutor were an extraordinary education in the negative capacity of humanity. You’re like a proctologist — looking at human beings through the wrong end.
– Scott Turow — former federal prosecutor, current Dentons partner, and critically acclaimed, bestselling novelist — at an interesting panel at this past weekend’s New Yorker Festival. The panel, moderated by Jeffrey Toobin, focused on writing about murder. Turow’s latest novel, Identical (affiliate link), is about a re-investigation of a murder many years after the fact.
* Some marriage equality enthusiasts applauded the Supreme Court’s decision to stay out of the way and let the circuits do their thing. But the history of miscegenation in America suggests the Supreme Court had a moral obligation to interject. [USA Today]
* On this subject, Professor Dorf presents a fascinating hypothetical: is it in the strategic interest of an anti-gay marriage conservative lower court judge to strike down same-sex marriage bans in light of the Supreme Court’s cert denials? [Dorf on Law]
* One more story while we’re at it, after the Ninth Circuit struck down bans on same-sex marriages, District Judge Robert C. Jones of Nevada, who upheld the ban in the first place, recused himself rather that be forced to issue an opinion in accordance with Ninth Circuit precedent. [BuzzFeed]
* If you’ve ever wondered how Islamic State manages to recruit Western youth to the cause, the answer is a “Disney-like” social media campaign. It’s like a Biglaw summer program, but for murder. [Cornell Journal of Law and Public Policy]
* “Better Hold Off Sexting With High School Students” in Indiana. The Indiana Supreme Court finally weighed in last week after the lower court had okayed a teacher texting a 16-year-old to sneak out of the house for sex. Wait, this required the Supreme Court to weigh in? What is wrong with you Indiana? [Valpo Law Blog]
* Looking professional with a pixie cut. [Corporette]
* Enter for a chance to win a Chief Judge Randall Rader bobblehead! Yes, these exist. [Santa Clara Law]
* New Orleans taxpayers spent around $75K traveling judges to conferences and resorts last year. Quoth the tipster: “I could make a joke about New Orleans judges going to the third world to learn how to run their courtrooms, but I think I already did.” [The Times-Picayune]
One of the most eagerly anticipated of these books is Breaking In: The Rise of Sonia Sotomayor, by veteran SCOTUS reporter Joan Biskupic. She recently posted a juicy excerpt on Reuters, in which Justice Antonin Scalia is quoted saying of Justice Sotomayor, “I knew she’d be trouble.”
What prompted Nino to make this comment about Sonia? It has to do with allegations of the Wise Latina engaging in unwise behavior at a Supreme Court party….
In the mists of the ancient past, the American legal profession agreed to cede responsibility for developing a consistent citation method to the most anal-retentive of law school gunners determined to lord their mastery of unnecessary commas over people. Ultimately, the whole thing is an exercise in hazing law students. Torturing students over questions of underlining or italics is kind of a lame hazing ritual, but long gone are the days when a young Louis Brandeis was dared by ne’er-do-well Harvard 3Ls to head down to the local theater and yell “Fire!”
But the Bluebook is also a cash cow because every lawyer needs to own a copy that they’ll promptly ignore because in the real world, everyone blindly trusts their online research database to get it right and barring that, no one much cares about the minutiae of the Bluebook as long as everyone can easily find the source. Besides, you can get close enough for government work with the outdated ratty copy you were issued in law school. Very few judges are going to flip out if you signal “See” where you could just insert the cite.
Now that cash cow is in jeopardy, because one law professor thinks he can get everyone a free copy of the Stickler’s Bible. How, you ask?
When you’re in law school, you’ll have the option of buying new books, or slightly cheaper used books. If you choose to buy someone else’s used book, then God bless you, because you might be stuck with errant highlighting and incredibly moronic notes in the margins. Since law students can be crass, you might even find some offensive remarks scrawled throughout the pages of your book.
Why go through the trouble of buying used books when you’ll have to deal with so much annoyance? Because you’ll be able to take revenge upon the prior owner with your own clever margin notes…
I recently had the good fortune to hear Ian McEwan (author of the wonderful Atonement, among other books) and Steven Pinker (a name I’d never heard before — yet more proof of my vast ignorance) discuss what makes good writing. McEwan is of course a gifted novelist; Pinker is a cognitive scientist who thinks about (among other things) how children acquire language skills. This made for an interesting discussion.
Both authors had recently published new books. If you don’t want to spring for the price of Pinker’s book, you can read the nutshell version of his thesis in his recent article in the Wall Street Journal.
I stole the title of this column from Pinker’s talk. Pinker says that many people blame the internet for the younger generation’s inability to write clearly. But if Twitter’s the culprit — “the kids these days can write only 140-character sentence fragments” — then the world should have been awash in pristine prose in the days before Twitter.
We were not, of course. Most writing sucked in the ’90s, too. And in the ’80s. And the ’70s. And, according to Pinker, people have been complaining about bad writing in literally every generation since the invention of the printing press.
So it would be nice — but wrong — to blame today’s bad writing on modern technology.
If technology isn’t the culprit, then what is? Pinker’s thesis is one that I suspect all good legal writers have known subconsciously all along. But it’s worth speaking the words out loud and thinking about how to use this concept to improve both your writing and the writing of those you edit. . . .
* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]
* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]
* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]
* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
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However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: