* Judge John D. Bates wrote a letter to the Senate Judiciary and Intelligence Committee leadership “on behalf of the Judiciary” explaining why it’s important to keep FISA an opaque Star Chamber. Chief Judge Kozinsky, um, disagrees with that “on behalf” part, and calls out Judge Bates in this letter for mouthing off where he has absolutely no authority. [Just Security]
* The twisted, contradictory, desperate logic behind Halbig. In GIF form!!! [Buzzfeed]
* Two InfiLaw schools, Florida Coastal and our Twitter buddies at Charlotte, are offering refunds to students who perpetually fail the bar as well as a refund to students who don’t get clerkships or externships. That’s nice. A whole $10,000 for failing the bar twice and $2000 for not landing a position. Don’t bother comparing that too how much the students shelled out for their degrees because it’s too depressing. [JD Journal]
* Do you want to know how to survive Biglaw? [2Civility]
* Interesting advice on how to best take advantage of the more informal rules of mediation — let your clients build the narrative. [Katz Justice]
* Judge gives a speech and suggests a woman should become a phone sex operator. That’ll work out well for him. [Journal Gazette]
* Maybe we should be getting law degrees as undergrads? That way we might have minors that employers will care about. [Chronicle of Higher Education]
* Geez, lots of judges in trouble today — here’s an elected judge accused of lying about where she lived to get elected. She denies it, but her filings list three different addresses. Oops. [Times-Picayune]
On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.
This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.
* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]
* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]
* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]
* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]
* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]
* Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]
* Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]
* Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]
* The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]
* What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]
* Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]
* Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]
* Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]
* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]
* How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]
* Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]
* Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]
* Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]
* The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]
* There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]
* Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]
* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]
* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]
* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]
* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]
* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]
* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]
* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News]
* Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate]
* Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside]
This image constitutes fair use. Not that Washington can do much about it now anyway.
‘The Court concludes that the [Board’s] finding that the marks at issue ‘may disparage’ Native Americans is unsupported by substantial evidence, is logically flawed, and fails to apply the correct legal standard to its own findings of fact.’ Those aren’t my words. That was the court’s conclusion. We are confident that when a district court reviews today’s split decision, it will reach a similar conclusion.
Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.
– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.
(More information — including the identity of the offending professor, and the full opinion — after the jump.)
Last month, I wrote about the Department of Justice’s case against Nicholas Slatten, a Blackwater employee who was being prosecuted — along with other members of Blackwater’s Raven 23 team — for a shooting incident in Iraq.
As one FBI Agent is reported to have described it, the shooting was “[t]he My Lai massacre of Iraq.”
That’s a really good sound bite. Nice work FBI!
DOJ brought charges based on the shooting against Slatten, which were dismissed by the court because, basically, DOJ failed to notice that the statute of limitations was running against Slatten after a dismissal of his case.
the government suffered another self-inflicted setback in April when a federal appeals court ruled that the prosecution had missed a deadline and allowed the statute of limitations to expire against a second contractor, Nicholas A. Slatten, a former Army sniper from Tennessee who investigators believe fired the first shots in Nisour Square. A judge then dismissed the case against Mr. Slatten.
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.