* Eric Holder gave millions to Nazis! Or at least that’s how Darrell Issa will put it. But seriously, the Department of Justice has a long-standing policy of allowing Nazi war criminals to collect Social Security payments if they agree to get the hell out of the U.S. [Associated Press via New Europe]
* A Cleveland attorney, Peter Pattakos, is not worried about contracting Ebola, even though he was in a room with a current Ebola patient, because Pattakos is neither a crazy person nor a cable news producer and realizes that he never exchanged bodily fluids with the patient. As he points out, “I’m much more likely to be mistakenly killed by a police officer in this country than to be killed by Ebola, even if you were in the same bridal shop.” [Cleveland.com]
* Chanel is suing What About Yves for trademark infringement. The question Professor Colman asks is whether “we really want a trademark ‘protection’ regime in which mark ‘owners’ can prevent creative, non-confusing uses of ‘their property.'” [Law of Fashion]
* One for the career alternatives file: Miami lawyer who ranks local restaurants opens his own restaurant. At ATL we rank law schools, maybe we should open our own law school. [Southern District of Florida Blog]
* Academic publishers fighting the war on common sense by charging an arm and a leg for access to research that is written and peer reviewed by other people for free scored a victory on Friday when the Eleventh Circuit rejected the lower court’s articulation of educational fair use in the digital age. [The Chronicle of Higher Education]
* Balancing parenthood and the “jealous mistress” that is the practice of law. [Jed Cain]
* An amazing symposium on campaign finance reform from the NYU Law Review and the Brennan Center for Justice. It’s a wealth of content. [NYU Law Review]
* Josh Gilliland from The Legal Geeks gave a presentation on Agents of S.H.I.E.L.D. and the Law at the San Diego Comic Fest, which sounds much more fun than any “and the Law” class I ever took. He’s provided his slideshow presentation…
Eugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.
Not surprisingly, the court soundly rejected this particular interpretation of copyright law….
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?
* Justice Sotomayor would like to remind you that just because you’ve been to one Indian casino, that doesn’t mean all Native Americans are fantastically wealthy. [KGOU]
* Nor is every Native American cured by this news, but this is certainly a start — the Department of the Interior will sign a $554 million settlement in the breach of trust case brought by the Navajo nation. [Buckley Sandler LLP]
* A Peruvian woman has sued Disney for $250 million because she alleges that Frozen is a rip-off of her life story. Because she has magic ice powers? I guess. Actually, it looks like the only connection is that she lived in a cold place and had a sister. This reminds me of my lawsuit against Chuck Palahniuk for basing Fight Club on my life story. Not that I ran anarchic underground fight clubs, but because one-time at camp I made a bar of soap. [Bustle]
* Law professor goes after revenge porn and patent trolls because he’s trying to win the title of best person ever. [Brooklyn Paper]
* Harold Hamm, Continental Resources’ Chairman and CEO — and former energy adviser to Mitt Romney — is staring down the barrel of a massive divorce settlement. So he takes a page from Romney’s adversary. Hamm is arguing that his fortune… he didn’t build that! He was just the beneficiary of a good market rather than a contributing factor so he doesn’t have to share. [Upstream Online]
* The CAC launches a new series on the Roberts Court at 10. It’s hard to believe how long ago that was. When the Chief Justice took over we still thought the ending of Lost was going to make sense! [Constitutional Accountability Center]
* Winston & Strawn lawyer turned famous LEGO artist Nathan Sawaya opened a new show in London. Sculptures made of thousands and thousands of hand-assembled bricks. Just in case you were wondering if there was a task more boring than document review. [Yahoo! Canada News]
* Paul Clement and Mike Carvin offer a SCOTUS preview. [Heritage Foundation]
We’ve written a few times in the past about how the entertainment industry’s woeful job of preserving and archiving old works has resulted in culture being lost — but also how unauthorized copies (the proverbial “damn dirty pirates”) have at least saved a few such treasures from complete destruction. There was, for example, the “lost” ending to one of the movie versions of Little Shop of Horrors that was saved thanks to someone uploading it to YouTube. Over in the UK, a lost episode of Dad’s Army was saved due to a private recording. However, Sherwin Siy points out that the very first Super Bowl — Super Bowl I, as they put it — was basically completely lost until a tape that a fan made showed up in someone’s attic in 2005. Except, that footage still hasn’t been made available, perhaps because of the NFL’s standard “we own everything” policy.
* As you read all the over-the-top awful details from the Rep. Mark Sanford divorce hearing, remember there was a day not too long ago that he was considered a serious presidential contender. [Wonkette]
* In his deposition, Robin Thicke says he was too drunk and high to write that rapey song about getting women drunk and high. [Music Times]
* Stymied in his bid to become Assistant Attorney General for Civil Rights, Debo Adegbile will have to settle for becoming a partner at WilmerHale. [Law Blog / Wall Street Journal]
* You may have been following the story of Justice Ginsburg’s officiating a wedding in New York this weekend. Well, if so, here’s the Times write-up. [New York Times]
* The federal courts are looking at tightening the word limits on appellate briefs. How do you feel about this move? I’m with the author that “The number of cases where attorneys think they need a word extension is greater than the number of cases that actually warrant one.” [New Mexico Appellate Law Blog]
* Scott Brown, formerly of both Massachusetts and the Senate, is threatening to sue Harvard’s Larry Lessig after Lessig labeled the Nixon Peabody “advisor on governmental affairs” a “lobbyist.” Lessig asks if the campaign preferred he write the more technical, “sold his influence to a DC lobbying firm.” Ha. [Time]
* Fordham professor Susan Scafidi, founder of the Fashion Law Institute and designer Narciso Rodriguez make the case for strong legal protection for fashion designs. [Room for Debate / New York Times]
* On Friday, Keith Lee wrote about a lawyer who billed a client for sanctions. We’ve written before about lawyers billing for the time spent boning their clients. A law professor who teaches professional responsibility asks: “Is billing for sanctions better or worse than billing for sex. I say sanctions. Can we have a survey on this?” Of course you can. Poll after the jump….
I asked my fiancée if she wanted to see naked pictures of Jennifer Lawrence. “Sure.” So I showed her. “She looks good.” Then she scratched her nose and went back to planning our wedding. “What about Kate Upton?” “Sure.” So I showed her. “She’s got huge boobs.” Her nose still itched. The seating chart was still totally fudged up. Pretty uneventful Sunday night as those go.
Last weekend, the Internet exploded in a terrific tumescence over naked pictures of women. You probably heard. But now, after the hot action, and while the whole world smokes a post-coital cigarette, we are left to sort through the regret. Chief among this shame is news that one of the stars of the tawdry affair may have been underage when the pictures were taken. Mc-kay-la: the tip of the tongue taking a trip of three steps down the palate to tap, at three, on the teeth. Mc. Kay. La.
ESPN, your trusted source for manufactured controversy, chose to report on this actual controversy in the most opaque manner possible.
We’ve already mentioned how a number of comments have been submitted concerning Australian Attorney General George Brandis’ Hollywood wishlist proposal for copyright reform in Australia. There are a number of interesting comments worth reading. I was pleasantly surprised to see the normally copyright-maximalist BSA come out against the proposal, saying that it will create a real risk of “over-enforcement, punishment of lawful conduct and blocking of lawful content including critically important free speech rights.” Dr. Rebecca Giblin, who has studied these issues and other attempts to put in place similar filters (and how they’ve failed), has also put forth a very interesting comment.
The most bizarre comment, however, has to come from Village Roadshow. Village Roadshow is the Australian movie studio that the US State Department admitted was used as the token “Australian” movie studio in the MPAA’s big lawsuit against iiNet. iiNet is the Australian ISP that the MPAA (with Village Roadshow appearing as “the local face”) sued for not waving a magic wand and stopping piracy. iiNet won its case at basically every stage of the game, and that big legal win is really at the heart of these new regulatory proposals. Apparently, Village Roadshow’s CEO still hasn’t gotten over the loss in the legal case.
Ed. note: Due to the Labor Day holiday, we’re on a reduced publication schedule today. We’ll be back to our normal Saturday schedule tomorrow. But you don’t care about that. More importantly we’ll be off on Labor Day and back to normal on Tuesday. A restful and happy Labor Day to all!
* Lawyers seek to ruin something beautiful: ALS Association wants a trademark on the concept of an ice bucket challenge. [Washington Post]
* Ah, fun tales of the Streisand Effect. [Popehat]
* UC Davis Law saw increased applications. Dean Kevin Johnson says, “I do think the market is coming back. And I do think the naysayers of law schools and being a lawyer, their days are limited in number.” You’re the only school in California showing an increase and the country as a whole is down and you’re conveniently not charging any application fee, but yeah, our days are limited. [UC Davis Law]
* Lawyer who showed up to court going by the name “Lord Harley of Counsel” gets a tongue-lashing from the judge. [Legal Cheek]
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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