Justice Antonin Scalia, being interviewed by Jan Crawford of CBS News at the Federalist Society's annual dinner in Washington, DC.
On Thursday evening, I had the great pleasure of attending the annual dinner at the Federalist Society’s National Lawyers Convention, in Washington, D.C. The event — attended by an estimated 1,400 people, and held in the cavernous ballroom at the Omni Shoreham — featured, as always, conservative and libertarian legal luminaries galore.
(Did Judge Diane Sykes just air-kiss Judge Diarmuid O’Scannlain? Isn’t that Ken Cuccinelli over at the bar? What might Judges Brett Kavanaugh and Jeff Sutton be discussing so intently — maybe the latest clerks they’ve placed at the Supreme Court? Whoa — Ted Olson chatting with Justice Samuel Alito! Be still my heart….)
The highlight of the evening was the interview of Justice Antonin Scalia by Jan Crawford, chief legal correspondent of CBS News (who was looking fabulous in a black dress with open sleeves). The justice was in fine form, hilarious and freewheeling in his remarks….
With a new Term underway, the Supreme Court geeks among you might want to check out, and sign up for, FantasySCOTUS. You can read about it here and register here. (There’s also an educational version for the kiddies.)
The SCOTUS geeks among you might also be interested in the continued action on the law clerk hiring front. In the wake of last week’s post, we received news of several more hires for October Term 2011. Thanks to everyone who contacted us with information; we can’t perform this clearinghouse function without your help.
Without further ado, let’s look at the latest hires for OT 2011….
Monday, October 4, marked the start of a new Supreme Court Term — October Term 2010, to be more specific. It also marked the first day of oral arguments for the newest member of the Court — Lady Kaga, aka Associate Justice Elena Kagan. As Justice White famously observed, a new justice makes a new court.
New Term, new justice, new court — and that’s not all that’s new in SCOTUS-related matters. There’s a new conservative sheriff in town, at least according to Jan Crawford. There’s a new book out about the Court — the long-awaited biography of Justice Brennan, by Seth Stern and Stephen Wermiel.
And, of course, we have new Supreme Court clerk hires to report, for the Term after this one — October Term 2011. Not all the justices are done hiring, at least as far as we know; but if you covet a Supreme Court clerkship, accurately described by Adam Liptak as “the most coveted credential in American law,” you should know that the window of opportunity is closing — fast. One justice has even hired a clerk for October Term 2012.
[T]hat’s how law clerks are hired. That’s how baristas at Starbucks are hired. You have to ask these open-ended questions because as an employer, you don’t really know… where the pressure points or danger spots in an individual application are.
– Acting Solicitor General Neal Katyal, comparing hiring law clerks to hiring Starbucks baristas, during oral argument in NASA v. Nelson.
In yesterday’s discussion of federal law clerk hiring, a process that is currently in full swing, we flagged an interesting issue regarding clerks who are not U.S. citizens. A recent change in the law appears to bar paying federal government salaries to non-U.S. citizens (subject to some narrow exceptions, such as holders of refugee or asylum status). This legal change would appear to create problems for (1) non-citizens already hired for clerkships that have not yet started and (2) non-citizens applying for clerkships at the current time.
When asked about this issue earlier this month, the Administrative Office of the U.S. Courts declined comment to the Blog of the Legal Times. But we now have an idea of what the Administrative Office thinks about this subject, based on a guidance memorandum that James Duff, the director of the AO, issued to federal judges last month.
Please hire us! We're Americans! Want to see our passports and birth certificates?
It’s that time of the year again: clerkship application season. Here is the requisite open thread for discussion, where you can trade news and gossip about which courts and judges are hiring, which ones are done, which clerkships are great, and which clerkships you’ll hate.
Pursuant to the 2010 Law Clerk Hiring Plan for federal judges, applications could be received last Tuesday, September 7. Today, September 13, is the first day when judges can contact applicants to schedule interviews. The calls were allowed to go out at 10 a.m. Eastern time (sorry, Californians). Interviews can be held and offers can be made starting on Thursday, September 16, at 8 a.m. Eastern time (again, our sympathies to Californians; but think of it like Christmas morning, when waking up early brings joyful news of a gift).
Word on the street is that the Plan is starting to break down, with an increasing number of judges, including some of the most prestigious and popular ones, hiring ahead of the deadlines. Getting federal judges to follow rules isn’t easy; they’re used to making the rules, not obeying them.
Furthermore, the Plan by its terms “does not cover applicants who have graduated from law school”; these applicants may be interviewed and hired by judges at any time. More and more judges are going down this path and hiring law school graduates rather than 3Ls, which (1) gives them clerks with more experience, either in practice or in another clerkship, and (2) allows the judges to avoid the mad scramble for talent under the Plan.
How competitive will the hunt for federal judicial clerkships be this year? Let’s discuss….
I was wondering if you could do a post about when/how we should tell our firms that we have accepted a clerkship offer — particularly if the clerkship is not a super prestigious one (i.e., fed magistrate), and if we have not yet started at the firm (in my case, because I chose to defer for a year).
I am nervous about telling my firm, before I start, that I plan to leave to clerk less than one year after starting. Even after starting, I have heard stories of people who tell their firm they are clerking getting taken off of all interesting work (the explanation being that they may not be there by the time the matter goes to trial). Please advise!
— My Baby’s Got a Secret
Dear My Baby’s Got a Secret,
Today is Day Two of Rosh Hashana — an especially bad day to tempt fate. You see, on RH, God tentatively pencils you into either the Book of Life or the Book of Death. Not that I’m accusing God of stealing the whole concept from One-Minute Mysteries and Brain Teasers, but honestly it DOES sound suspiciously like the riddle on page 43 with the doors to heaven and hell and one of the guards is a liar and you can only ask one question…
Justice Kagan, who was sworn in on Saturday, isn’t wasting any time in getting her chambers up and running. Lady Kaga has hired her four little monsters for OT 2010.
Just as Justice Sonia Sotomayor did last year, Justice Kagan is hiring outgoing Supreme Court clerks — i.e., clerks who just finished up with their justices — to ease her transition. Out of her four clerks for the upcoming Term, three also clerked on the Court in the Term just ended (October Term 2009).
Not surprisingly, the former dean of Harvard Law School bleeds Crimson. At least two of Justice Kagan’s four clerks are HLS graduates. One is a graduate of Yale Law School (the alma mater of Justice Kagan’s late father). (We’re still waiting for the name and law school of the fourth clerk.)
UPDATE: We’ve learned the name of the fourth Kagan clerk. She’s also a Harvard Law grad, leaving Justice Kagan with three out of four clerks from HLS. More details after the jump.
So who will be joining the Divine Miss K in the heavenly confines of One First Street?
Apologies for the tardiness. We’re a little late on this; we promised you a Supreme Court clerk hiring update last week. But we suspect that Above the Law readers, unlike the Clerk of Court at One First Street, are willing to accept a late filing.
In an earlier post, we also asked for information about what Supreme Court clerk bonuses are at these days. We now have news to pass along to you.
Check out the list of SCOTUS clerks hired thus far for October Term 2011, and ogle the signing bonuses for outgoing clerks heading to private law firms, after the jump….
Barack Obama's purported birth certificate - click to enlarge.
Orly Taitz and the Birthers aren’t the only people obsessed with Hawaiian birth certificates. A young lawyer by the name of Adam Gustafson — a 2009 graduate of the Yale Law School and former vice president of the Yale Federalist Society, who’s currently clerking in Hawaii for Judge Richard Clifton (9th Cir.) — is making a federal case over them.
And Chief Judge Susan Oki Mollway, the district court judge who wound up with the case, is not impressed. She recently dismissed Gustafson’s complaint — in forceful fashion:
This case is an example of why people who overreact to situations are accused of “making a federal case out of nothing.”
Plaintiff Adam Gustafson and his wife… proceed pro se against various state officials. The Gustafsons complain about having been asked to state their race and any Spanish origin on a birth certificate registration form submitted in October 2009 for their Hawaii-born daughter. The Gustafsons articulated to the State their objection to a birth certificate identifying their races.
The court has no quarrel with the Gustafsons’ wish for a birth certificate devoid of such information. What follows, though, shows questionable judgment.
Ouch — quite the benchslap. Gustafson’s boss, Judge Clifton, should keep Gustafson far away from any appeals of decisions by Judge Mollway.
Filing a federal lawsuit in Hawaii, while clerking in Hawaii for a federal judge? It’s gutsy of Gustafson. At least he won’t have to travel far for any appearances.
So what about Gustafson’s case reflects “questionable judgment”?
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.
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