I once observed that federal judges are “the closest thing this nation has to an aristocracy.” If that’s the case, then justices of the United States Supreme Court are royalty — or maybe even deities, gods, and goddesses who walk among us (and occasionally crash into us, too).
Alas, it seems that two members of SCOTUS didn’t get the memo. They are comporting themselves in public in ways that are inconsistent with the dignity of the Article III judiciary.
This is a bipartisan problem. One of the offenders comes from the left side of the Court, and one comes from the right….
* What advice would crisis management guru Lanny Davis give to Herman Cain about Cain’s sexual harassment scandal? Here’s an imagined conversation. [The Hill]
* And here is a real conversation — between Herman Cain and Ginni Thomas, also about the sexual harassment allegations. [Daily Caller]
* Antonin Pribetic asks: “Are GCs Shifting The Balance of BigLaw Power?” [The Trial Warrior]
* Congratulations to Judge Paul Oetken on joining the distinguished S.D.N.Y. bench! (I was lucky enough to attend his ceremonial induction last week, which was fabulous.) [Poliglot / Metro Weekly]
* And congratulations to the Dave Nee Foundation, a non-profit committed to fighting depression and preventing suicide, on its record number of law firm supporters for this year’s masquerade ball (taking place tomorrow night). [Dave Nee Foundation (press release)]
* People in New Jersey have morals. Who knew? When faced with aborting babies or aborting their careers, some nurses from UMDNJ decided to sue. [Washington Post]
* Elbert Lin is returning to Wiley Rein after a stint clerking for Clarence Thomas. We wonder what his wife would say about him if he was one of her LEWW contestants? [Blog of Legal Times]
* Is Justin Bieber the father of a baby, baby, baby? That’s what a 20-year-old from California says, and she wants a paternity test to prove it. [New York Post]
Last week, we found out that 52% of our readers thought it was acceptable to end a sentence with a preposition, but with the caveat that it should be avoided if possible. That’s pretty wishy-washy, folks.
This week, we’re going to focus on an issue with a supreme split in authority, and you’re going to have to choose one side or the other. You’re going to pick Clarence Thomas’ side (you’ll soon see why we wrote it that way), or you’re going to pick David Souter’s side, but that’s it. Ooh, that’s a little possessive….
Perhaps this is part of some elaborate research project into the workings of the criminal justice system. Professor Stephen F. Smith, who teaches criminal law and criminal procedure at Notre Dame Law School, stands accused of a serious crime.
According to the South Bend Tribune, Professor Smith faces one count of domestic battery, a class D felony. He’s accused of striking and kicking his wife at their home, in an incident that allegedly took place back in June.
Professor Smith doesn’t fit the profile of the typical defendant in a domestic violence case. How many DV defendants have clerked on the U.S. Supreme Court? How many have graduated from Dartmouth College, where Smith served as a trustee, and the University of Virginia School of Law, where he once taught?
After graduating from Dartmouth and UVA Law, Smith clerked on the D.C. Circuit (for Judge David Sentelle) and SCOTUS (for Justice Clarence Thomas). He practiced at Sidley Austin before joining the UVA Law faculty, where he served as John V. Ray Research Professor before moving to Notre Dame. (Query: What prompted Professor Smith to move from UVA to ND?)
Legal pedigrees don’t get much better than this. But enough of Professor Smith’s dazzling résumé. Let’s learn about the lurid allegations against him — and hear from ND law students about a campus controversy he created….
UPDATE: Please note the updates added to the end of this story. Thanks.
* With a recommendation for dismissal filed, Dominique Strauss-Kahn hopes to bid adieu to his rape charges and say au revoir to our country. [CNN]
* Apparently your law school can still be on the Best Value honor roll even if its bar passage rates suck abysmally. What up CUNY Law. [National Jurist]
* It’ll be awesome if Clarence Thomas speaks during the inevitable Supreme Court oral arguments on Obamacare. Ginni needs to start smacking him around so this happens. [New Yorker]
* Will Booz Allen get hit with a trifecta of gender discrimination lawsuits this summer? Yesterday marked the second one in filed in the past three weeks. [Blog of Legal Times]
* Not sure why trial lawyers are all up in arms about Rick Perry. Is the star of How to Secede from the U.S. Without Really Trying actually going to be a real contender in Election 2012? [POLITICO]
* Living in a complex full of Type A bar examinees (and repeat failures) for five years sounds like a fate worse than death. I’d rather be condemned to the Gulag. [Los Angeles Times]
Now that she has been acquitted of murder and manslaughter charges arising out of the death of her daughter, Caylee Anthony, where will Casey Anthony go next? Given her notoriety, it’s a tough question.
One possible answer: law school. As Ann Finnell, one of Casey Anthony’s lawyers, told People magazine, “She’s been exposed to the criminal justice system, and I think that might be a pursuit of hers.”
So should Casey Anthony go to law school? Many observers, including some of my colleagues here at Above the Law, say that going to law school isn’t a good idea for most people.
But Casey Anthony is no ordinary law student. She is an extraordinary young woman and who has had some extraordinary experiences. Conventional wisdom does not apply to her.
I think there is a disease of illiteracy or laziness, because just the commentary will tell you they haven’t read [the opinions they're critiquing]….
You don’t go to a Georgia fan to get commentary on the University of Florida, because it’s not objective commentary. Unfortunately, much of the commentary about the court is from the standpoint of people who have vested interests in particular outcomes, particular policies or particular results. Do you think you are getting an honest assessment?
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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 asia@kinneyrecruiting.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.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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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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I once observed that federal judges are “the closest thing this nation has to an aristocracy.” If that’s the case, then justices of the United States Supreme Court are royalty — or maybe even deities, gods, and goddesses who walk among us (and occasionally crash into us, too).
Continue reading “The Eyes of the Law: Justices Who Are Slumming It”
