In case you missed it, you should check out Judge Richard Posner’s recent review of the new book by Justice Antonin Scalia and Bryan Garner, Reading Law (affiliate link). The review is deeply thoughtful and elegantly written, but a bit… harsh. It’s a definite reverse benchslap.
And it’s just the latest blow in an ongoing slugfest between Judge Posner and Justice Scalia, which we’ve chronicled in our pages. In June, Judge Posner criticized Justice Scalia’s dissent in Arizona v. United States. In July, Scalia saucily responded by saying of Posner, “He’s a court of appeals judge, isn’t he? He doesn’t sit in judgment of my opinions as far as I’m concerned.”
Ouch. These exchanges got me (and others) wondering: What’s going on between these two eminent jurists?
I reached out to both Justice Scalia and Judge Posner with this question: Is it personal?
* Apparently spring bonuses don’t make the Biglaw world go ’round after all. The annual Am Law midlevel survey is out, and satisfaction levels are up across the board. Maybe they’re happy to still be employed. [American Lawyer]
* When Dewey get to retire this used up, old D&L pun? Probably around the same time as that Howrey joke — never. Oh, and the firm asked a bankruptcy judge to approve its $70M partner “clawback” plan. [WSJ Law Blog]
* Oh mon dieu, it’s time for some law firm merger mania! DLA Piper, the second-largest Biglaw behemoth, proposed to French firm Frieh Bouhenic, and of course, the corporate boutique said “oui.” [Legal Week]
* Judicial efficiency: Judge Robert Hinkle says he’ll block Florida’s regulations on voter registration groups just as soon as an appeals court boots the state’s arguments. [Bloomberg]
* Judge Kenneth Lester Jr. will step down as judge in the George Zimmerman case after using “disparaging” language in a bail order. Zimmerman’s probably hoping that the third judge will be the charm for him. [CNN]
This morning, Pennsylvania Commonwealth Court Judge Robert Simpson declined to issue an injunction that would halt implementation of Pennsylvania’s new and controversial voter ID law. The law requires Pennsylvania voters to show a photo ID in order to vote. According to Pennsylvania House Republican Leader Mike Turazi, the new law will deliver the Pennsylvania election to Mitt Romney.
But that doesn’t mean it’s unconstitutional. Judge Simpson determined that an injunction would be inappropriate, and decided to give everybody a lesson on the difference between facial challenges versus “as applied” challenges to boot. He ruled that the plaintiffs, which included the ACLU, didn’t establish that “disenfranchisement was immediate or inevitable.”
* “There’s no future in working for Dewey & LeBoeuf,” but maybe if the firm’s few remaining employees can hold on for a little while longer, then perhaps they’ll be able to take home some bonus cash. [Am Law Daily]
* Doctors in Arizona are trying to block part of a new law that makes it a crime for physicians to perform abortions after 20 weeks of pregnancy. Well, somebody wasn’t paying attention in Con Law. [Bloomberg]
* All it took was an investigation by the Michigan Judicial Tenure Commission to get this judge to change his tune and apologize for throwing a lawyer in jail for the crime of representing his client. [WZZM]
* What do recent law school grads think about Yale Law’s new Ph.D. program? Most aren’t willing to spend the time or money to “resolve [their] next career crisis by going back to school.” [U.S. News & World Report]
* Come on, you’re not the 99 percent. Clinic members from NYU Law and Fordham Law wrote a report criticizing the NYPD’s response to the Occupy Wall Street movement. [Thomson Reuters News & Insight]
* Wait, law schools are slow to adopt something that may benefit their students? What else is new? Corporate compliance classes are few and far between, even though they could get you a job. [WSJ Law Blog]
* Start spreading the fabulosity: Massachusetts Attorney General Martha Coakley has asked the Supreme Court to grant certiorari on a pair of cases challenging the Defense of Marriage Act. [BuzzFeed]
* Lawrence Lessig wants groups of 300 randomly selected people to craft a constitutional amendment in response to Citizens United. He clearly expects a bit too much of our population. [National Law Journal]
* In South Dakota, your abortion now comes with warnings about an increased risk of suicidal thoughts and suicide. Forget that medical certainty hooey, it’s not constitutionally misleading. [WSJ Law Blog]
* “We do not arrest people because of the color of their skin.” Oh, of course not, Sheriff Arpaio. We totally believe you. But you might stop them, question them, and detain them because of it, right? [New York Times]
* We’ve just got too much Dickinson up in here. And in other Penn State news, the school is now considering a move that may cause at least one of its two law school campuses to lose its accreditation. [Patriot-News]
* Lady Gaga was sued by MGA Entertainment, the maker of Bratz dolls, over her alleged failure to approve a line of dolls made in her image. This is not a company you want to start a bad romance with. [Bloomberg]
* And I am telling you, I’m not going — to grant you parole. William Balfour, the man convicted of murdering Jennifer Hudson’s relatives, was sentenced to three life sentences without the possibility of parole. [CNN]
Yesterday, we brought you news of a rather lengthy lawsuit that was filed by professional cyclist Lance Armstrong against the U.S. Anti-Doping Agency (USADA). The sports agency had accused Armstrong of doping during his time as a record-setting Tour de France champion, despite the fact that the athlete claimed to have been drug tested more than 500 times in his career, never once yielding a positive result.
Alas, it seems that Armstrong’s dreams of vilifying the USADA were quickly crushed, less than seven hours after his suit was filed. As we sarcastically noted in Morning Docket, perhaps we ought to look into judicial doping, because the suit was dismissed with a quickness we’ve never seen before. But in all seriousness, while a land speed record for benchslapping may have been achieved, it can only be attributed to Judge Sam Sparks’s incredibly quick wit and low tolerance for bullsh*t.
Let’s take a look at the Benchslap King’s Order in a case that managed to grab national media attention just as swiftly as Judge Sparks slapped it down….
Lance Armstrong has done many regrettable things in his career as a professional cyclist (e.g., dumping Kate Hudson, breaking up with Sheryl Crow, hooking up with an Olsen twin), but he remains consistent in his claims that he has never used performance-enhancing drugs.
That’s why Armstrong was absolutely enraged when the U.S. Anti-Doping Agency (USADA) decided to formally charge him with doping at the end of June. If found guilty, the Livestrong legend could be stripped of all seven of his Tour de France titles, forced to turn over all of the money he won from 1999-2005, and banned from Olympic sports for life.
* Who needs a Declaration of Internet Freedom when the government supports protesting citizens who go buckwild in the streets? The European Union voted against ratification of the Anti-Counterfeiting Trade Agreement. [Associated Press]
* Kenneth Schneider, the former Debevoise & Plimpton associate serving a 15-year sentence for forcing a Russian teenager to be his sex slave, was suspended from practice pending further disciplinary proceedings. [New York Law Journal]
* Glenn Mulcaire, the investigator who intercepted voicemail messages on behalf of News of the World, lost a bid to remain silent about who commissioned his services. Rupert’s gonna be sooo pissed. [New York Times]
* Congratulations to the team from the University of Chicago Law School that won the United States Supreme Court Prediction Competition. They won $5K for betting on their Con Law nerd-dom. [SCOTUS Competition]
* Judge Kenneth Lester Jr. is expected to rule on George Zimmerman’s motion for bond today, and perhaps he won’t be so quick to forget that the defendant already lied to the court to get out of jail. [Orlando Sentinel]
* “You can’t just arbitrarily add anything you want to a sentence.” Well, it looks like you can, because in addition to jail time, a judge in South Carolina tacked on a Biblical book report to this woman’s sentence. [Daily Mail]
Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.
* At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]
* Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]
* A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]
* Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]
* After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]
* Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]
* UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]
* This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]
* The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]
* As it’s told, the Supreme Court never leaks, but two sources who were close to the Affordable Care Act deliberations thought this tidbit was worth sharing with the public. Perhaps Chief Justice Roberts isn’t so noble after all, because he was originally batting for the conservatives. [CBS News]
* The Department of Justice will not be filing a criminal contempt case against Attorney General Eric Holder, despite Congress’s seal of approval. Alas, if looks like you need to do a little bit more than piss off a few legislators to get prosecuted for a criminal offense. [Blog of Legal Times]
* Is fear of accidental spittle from a close talker enough to warrant slapping a Biglaw partner in the face? Yup, and it seems it’s even cause to file a lawsuit with allegations of slander and assault. [Am Law Daily (reg. req.)]
* A judge has temporarily blocked enforcement of a new law that could have shut down the only abortion clinic in Mississippi. It’s refreshing to know the judicial system is willing to bring out the kid in you. [Washington Post]
* “It was an accident, it was an accident, it was an accident.” That may be the case, but much like your law school loan debt, you can’t take it back. Jason Bohn was arraigned for murder. [New York Post]
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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