California

“[O]ne familiar with the profound debates that ushered our Federal Constitution into existence is bound to respect those who remain loyal to the ideals and dreams of ‘Our Federalism.’ The concept does not mean blind deference to ‘States’ Rights’ any more than it means centralization of control over every important issue in our National Government and its courts. The Framers rejected both these courses. What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States. It should never be forgotten that this slogan, ‘Our Federalism,’ born in the early struggling days of our Union of States, occupies a highly important place in our Nation’s history and its future.”

– Justice Hugo Black, Younger v. Harris

Our Federalism. Our dear Federalism. Justice Black described this vaunted principle when deciding in 1971 that federal courts must show some restraint when interfering with state criminal prosecutions.

“Our Federalism,” though, only works when you work it. The many conservatives (myself included) who trumpet these principles in briefs, articles, and opinions ought to view this not simply as an academic matter but as a personal political responsibility as citizens.

For all the caterwauling on all sides about national politics and for all the petticoat-clutching over Our Federalism, it is shameful when those same folks can’t name a single member of their city council or school board or state supreme court. . . .

double red triangle arrows Continue reading “When ‘Our Federalism’ Turns Into ‘Somebody Else’s Federalism’: Why Local Elections Matter”

The worlds of fashion and law have been sewn together to create a niche practice known as fashion law, where lawyers strut their stuff on the catwalk of cutting-edge intellectual property and business matters. Won’t you join the fun?

We are pleased to invite you to an evening of cocktails, canapés, and conversation focusing on the many ins and outs of fashion law. The event will take place in Los Angeles, California on November 12th from 6:30 p.m. to 9:00 p.m. This event will be a great opportunity for attendees to hear legal leaders share their insights on success, meet members of the Above the Law team, and network with peers. Representatives from M Dot Design Studio will be on hand with a rack of clothing that guests can peruse, and will offer accessorizing tips, give out discount cards to all attendees, and raffle off a piece of jewelry for one lucky guest.

Our esteemed panelists confirmed for the event include:

  • Staci Riordan, Chair of the Fox Rothschild Fashion Law Practice Group
  • Jane Wald, Chair of Irell & Manella’s Trademark Practice Group
  • Deborah Greaves, Secretary and General Counsel of True Religion Brand Jeans
  • Erica Alterwitz, Assistant General Counsel of BCBG Max Azria Group Inc.

There is no charge for this event. Thanks to our friends at Recommind for their generous sponsorship.

Please RSVP below. We look forward to seeing you in Los Angeles!

A lawyer’s letter, properly written, can be a thing of beauty. In recent months, we’ve shared with you a very funny settlement offer letter, an epic response to a cease-and-desist letter, and another C&D response that laid the smackdown on a top Biglaw firm.

But sometimes snarky letters miss the mark. Take this prospective law student’s response to a rejection letter. Some readers appreciated it, but many others (myself included) felt it went too far.

A fine line separates wit and obnoxiousness. And reasonable minds can disagree on whether a given letter embodies the former or the latter.

We recently got our hands on an amazing lawyer’s letter out of Los Angeles. It was written a while ago, but it’s only making the rounds now. What do you make of it?

double red triangle arrows Continue reading “From The ‘Why People Hate Lawyers’ File: An L.A. Lawyer’s Letter”

This week the Supreme Court, via a one-line order by Justice Anthony Kennedy, dismissed an appeal in Brown v. Plata for want of jurisdiction. Thousands of law students enrolled in Fed Jur and Fed Courts classes this semester may argue that there’s nothing sexy about jurisdiction, even by law’s substantially reduced standards for “sexiness.” The dismissal of Plata, though, has some significant effects for millions of people.

In 2011, the Supreme Court ruled in a 5-4 opinion authored by Justice Kennedy that overcrowding in California prisons caused continuing violations of prisoners’ Eighth Amendment rights to adequate health care and that the overcrowding problem required a population limit. (Justice Scalia dissented, joined by Justice Thomas. Justice Alito also dissented, joined by the Chief.) As a result, California Governor Jerry Brown needed to drastically improve prison conditions or drastically reduce the state’s prison population by releasing inmates.

A flurry of state appeals and motions to change the original order ensued. Then, on September 24 of this year, a three-judge panel gave Brown until the end of January to meet its original order to remove more than 9,600 inmates from California prisons by the end of the year, absent successful negotiations with the plaintiffs. In an attempt to sufficiently improve prison conditions, Governor Brown negotiated a deal with legislators to spend $400 million on improvement of health care services to California prisoners, but he believed he needed more time in order to fully comply by the panel’s deadline. He filed an an appeal for a stay with SCOTUS….

double red triangle arrows Continue reading “The Consequences of Brown v. Plata Are Nothing to Dismiss: The California Prison Case Continues”

Fashion law is a quickly growing specialty practice area — a place where IP and corporate junkies alike can aspire to dress stylishly while honing their legal skills in the glamorous world of haute couture law. If you’d like to get in on the ground floor of this $250 billion dollar industry, or if you’re an experienced practitioner interested in learning best practices, then we hope you will attend our fashion law forum.

We are pleased to invite you to an evening of cocktails, canapés, and conversation focusing on the many ins and outs of fashion law. The event will take place in Los Angeles, California on November 12th from 6:30 p.m. to 9:00 p.m. This event will be a great opportunity for attendees to hear legal leaders share their insights on success, meet members of the Above the Law team, and network with peers.

Our esteemed panelists confirmed for the event include:

  • Staci Riordan, Chair of the Fox Rothschild Fashion Law Practice Group
  • Jane Wald, Chair of Irell & Manella’s Trademark Practice Group
  • Deborah Greaves, Secretary and General Counsel of True Religion Brand Jeans
  • Erica Alterwitz, Assistant General Counsel of BCBG Max Azria Group Inc.

There is no charge for this event. Thanks to our friends at Recommind for their generous sponsorship.

Please RSVP below. We look forward to seeing you in Los Angeles!

How’s this for a crim law issue-spotter:

Laura Law Student is ejected from a bar late one night. As she passes a nearby public library, Laura witnesses a group of people that she suspects of painting graffiti on the library. Laura confronts the vandals and they punch her, steal her phone, and tag her car. After the attack, Laura gets in her freshly tagged car and tries to run down the vandals.

Unfortunately, Laura’s car strikes a bystander during the chase, and Laura attempts to leave the scene of the accident.

It sounds absurd, but this is actually an account of what police claim a real-life law student did on Saturday morning….

double red triangle arrows Continue reading “Law Student Allegedly Lives Out Issue-Spotter When Cops Say She Used Car As a Deadly Weapon”

Scalia’s buddy?

* The Supreme Court’s Term opens today, and the conservative justices may have the opportunity to shift the law even further to the right when it comes to today’s social issues. [Los Angeles Times]

* In his Biglaw days, Chief Justice Roberts “gave his adversaries heartburn.” Now, his litigation skills serve the same purpose for those giving oral arguments before SCOTUS. [National Law Journal]

* It seems that in the end, Justice Ginsburg’s career choices have been whittled down to the lyrics found in one of The Clash’s catchiest songs: Should she stay or should she go now? [Washington Post]

* In other news, in case you were wondering, Justice Antonin Scalia, a firm believer in the Devil, is just as scary in real life as he is when he haunts your dreams (which is impressive!). [New York Magazine]

* “If this continues, it’s going to be very problematic.” Clients are very annoyed, and some Biglaw firms continue to worry about how the government shutdown will affect their bottom line. [New York Law Journal]

* The defections at night, are big and bright, deep in the heart of Texas: Weil Gotshal’s Houston office is still leaking partners like a sieve. We’ll have more on these developments later today. [Law360 (sub. req.)]

* President Obama continues to comment on the important issues of the day. He’d “think about changing” the Redskins team name if he were its owner — just like this fired Quinn Emanuel associate. [CNN]

* Viva la raza! The federal government is too slow for California, so the governor signed a bill into law that will allow illegal immigrants to become licensed as lawyers. Congratulations to Sergio Garcia. [Reuters]

* No, we won’t remove that embarrassing story we wrote about you — but at least we’re not trying to charge you hundreds of dollars for its removal like those pesky mug shot websites. [New York Times]

Earlier this week, we warned you about the layoff train. It’s coming down the track at breakneck speed, and there’s just no stopping it. We told you to watch out if you wanted to survive, but you didn’t believe us, and now yet another firm is facing significant cuts.

Which California-based Biglaw firm is slashing its headcount to “better position the firm for the future”?

double red triangle arrows Continue reading “Nationwide Layoff Watch: California Dreamin’ of Unemployment Benefits”

Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.

Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.

Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.

The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.

It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….

double red triangle arrows Continue reading “This Guy Might Not Get Admitted To The Bar Over Something He Did When He Was 17 Months Old”

* The Department of Justice won’t be harshing anyone’s mellow in Washington and Colorado just yet, because Eric Holder has more important things to do than to get involved in people’s pot. [CNN]

* The IRS will now treat all legal gay marriages the same as straight marriages for tax purposes, no matter where the couples live. That’s absolutely fabulous! [Federal Eye / Washington Post]

* Howrey going to deal with all of Allan Diamond’s unfinished business claims made as trustee on behalf of this failed firm? By claiming as a united front that “[c]lients are not property,” even if we secretly think they are. [Am Law Daily]

* In this wonderful post-Windsor world, the parents of a deceased Cozen O’Connor attorney are appealing a judge’s ruling as to the dispensation of their daughter’s death benefits to her wife. [Legal Intelligencer]

* Reduce, re-use, and recycle: environmentally friendly words used to reduce a Biglaw firm’s carbon footprint, not the number of its lawyers. Say hello to the Law Firm Sustainability Network. [Daily Report]

* Disability rights groups are coming forward to defend California’s LSAT anti-flagging law because the amount of extra testing time you receive should be between you and your doctor. [National Law Journal]

* If you thought Charleston School of Law was going to be sold to the InfiLaw System, then think again. The law school is up for grabs on Craigslist. Alas, the “[s]tudent body has been used.” [Red Alert Politics]

If you’re interested in purchasing Charleston School of Law, keep reading to see the ad (click to enlarge)…

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