This week, a Texas campaign ad and a Pennsylvania death penalty appeal each illustrate what happens when lawyers lose sight of for what — and whom — they claim to be working.
Wendy Davis, in the final throes of her Texas gubernatorial race against Attorney General Greg Abbott, launched a controversial campaign ad a few days ago. The ad accuses Abbott of “siding with a corporation over a rape victim,” spotlighting a 1998 Supreme Court of Texas case brought by a woman seeking damages from a vacuum manufacturer after a door-to-door salesman of the vacuums allegedly raped her in her home. A background check should have revealed that the man had a criminal history. Abbott was then a justice on the Texas court. He dissented from the majority’s decision in favor of the woman. Davis’s ad ignited heated debate, with even her supporters questioning the propriety of the ad. Abbott’s campaign called the ad “despicable.”
Meanwhile, on the other side of the country, the United States Supreme Court on Monday issued a highly unusual order in a Pennsylvania death penalty case. The Court asked the Pennsylvania Supreme Court Disciplinary Board to investigate and take appropriate actions against Marc Bookman, an attorney who filed a petition for review of Michael Eric Ballard’s death sentence. Ballard slaughtered four people in 2010: his former girlfriend, her father, her grandfather, and a neighbor who tried to help the family when he heard screams coming from the home. Ballard was sentenced to death in 2011. In November 2013, the Pennsylvania Supreme Court upheld the sentence. On June 23 of this year, SCOTUS denied Bookman’s petition to review Ballard’s case, but the Court then ordered Bookman to file additional responses about his relationship to Ballard. Apparently not satisfied by Bookman’s replies, the Court referred the case to the state disciplinary authority.
So, what’s the problem in either of these situations? Why the controversy? And what do they have in common?
* All work and no play makes summer associates sad, but they had a really great time this year, what with the lucky law students attending Broadway shows, sporting events, and Russian cabarets. Sounds like fun! [Am Law Daily]
* Alas, not everyone was getting wined and dined this summer. Some lawyers can’t even find a place to work. According to the Bureau of Labor Statistics, the legal services sector lost ~200 jobs during the month of July. [WSJ Law Blog]
* It may be the “worst time in the history of legal education to go to law school,” but because of new programs being launched, at least some of our recent graduates will be less screwed. [New York Times]
* “The ABA is used as a whipping boy for standing in the way of innovation,” but soon it’ll vote on revisions to its accreditation standards. Welcome to the party, ABA, thanks for being late. [National Law Journal]
* It took 15 doses of lethal injection drugs to execute Joseph Wood when it should’ve taken one. Don’t worry, it wasn’t cruel and unusual punishment — the Arizona Department of Corrections says so. [CNN]
Convicted murderer Joseph Wood’s execution began at 1:52 p.m. yesterday. He was pronounced dead at 3:49 p.m., according to a statement from Arizona Attorney General Tom Horne. Some witnesses insist that Wood continued to gasp for air at least 600 times after he was supposedly fully sedated. Others argue that he was merely snoring. Everyone agrees that the lethal injection process took a lot longer than the expected. Death by lethal injection typically occurs within ten minutes or so.
America has grown accustomed to long delays in carrying out the death penalty. Inmates sit on death row for years, even decades. As Chief Judge Alex Kozinski wrote, “Old age, not execution, is the most serious risk factor for inmates at the San Quentin death row.” We may be used to delays before denizens of death row get to the death chamber, but we have only recently started to see delays once an execution has actually begun….
* The day after the Supreme Court lifted a stay on Joseph Wood’s execution, it took nearly two hours for Arizona authorities to kill him using the very drug cocktail he contested on appeal. [New York Times]
* So long, farewell, auf wiedersehen, adieu: Spencer Barasch, the lawyer at the center of some blowback due to his dealings with Ponzi schemer R. Allen Stanford, is now leaving Andrews Kurth. [Am Law Daily]
* A dead body was found inside of this West Texas law firm, and the man who was pegged as a suspect claimed he lived at the firm, along with his recently deceased friend. This seems sketchy. [KCBD 11]
* Suffolk Law is hosting a contest where students, coders, and entrepreneurs will try to figure out a way to hack the justice gap. Start by creating an app to help new lawyers earn a living wage. [BostInno]
* Donald Sterling isn’t going to let the fact that he’s already involved in one contentious lawsuit about the L.A. Clippers stop him from filing another contentious lawsuit about the L.A. Clippers. [Bloomberg]
* Joe Francis of Girls Gone Wild infamy is in some trouble with the law. He just got hit with a $5,000 per day fine until he returns two luxury cars to the pornography company’s bankruptcy estate. [WSJ Law Blog]
The old ball and chain, dischargeable in bankruptcy only in the most limited of cases. Go ahead, try and prove you’ve got a ‘substantial hardship’ preventing you from paying. We dare you.
* Now that a federal judge has classified California’s death penalty as unconstitutional, it’s only a matter of time before the issue reaches the Supreme Court. We have a feeling the justices will likely roll their eyes. [National Law Journal]
* Word on the street is that Bingham McCutchen has got the urge to merge, and has apparently spoken to a handful of potential partners over the course of the past three months. We’ll have more on these developments later. [Reuters]
* As it turns out, it was neither Wachtell Lipton nor Jenner & Block that managed to snag the coveted GM litigation oversight job. Nice work, Quinn Emanuel — you’re considered a “well-respected outside law firm.” [WSJ Law Blog]
* Congrats, Flori-duh, you did something right. A state court judge has ruled that Florida’s ban on gay marriage violated the U.S. Constitution in the latest post-Windsor victory for equality. Yay! [Bloomberg]
* Thanks to their hundreds of thousands of dollars in law school debt, many graduates are considering declaring bankruptcy. Too bad most won’t be able to get their loans discharged. [Connecticut Law Tribune]
* There’s a very good chance that if you go in-house, you could wind up making more money than even the wealthiest of Biglaw partners. But how much more? Take a look at the latest GC compensation survey. [Corporate Counsel]
* GM has hired outside counsel to review the way the company handles its litigation practices. Since we’re not sure which, we’ll take bets on whether this “well-respected outside law firm” is Wachtell or Jenner & Block. [WSJ Law Blog]
* A federal judge in California ruled that the state’s death penalty was unconstitutional. It seems that allowing a defendant to live with the “slight possibility of death” violates the Eighth Amendment. Damn you, appeals! [New York Times]
* “He hasn’t been charged with anything at the moment and we’ll deal with the charges when they’re filed.” Sgt. Bowe Bergdahl is currently being represented by Yale Law lecturer Eugene R. Fidell, a recognized military law expert (and husband of noted legal journalist Linda Greenhouse). [New Haven Register]
* We all know that George Clooney’s fiancée, Amal Alamuddin, has both beauty and brains. What we didn’t know is that she poses for incredibly embarrassing pictures, just like the rest of us. [Us Weekly]
* The latest assault on Hillary Clinton — dusting off an old story about a particularly nasty case where she served as a court-appointed attorney — is the latest in a string of political attacks on the foundation of the criminal defense system. [Washington Post]
* Tomorrow, the Family Violence Appellate Project is throwing a battle of the bands! “Banding Together To End Domestic Violence” features bands from law firms and businesses competing at San Francisco’s 1015 Folsom club. Voting is “Chicago-style,” with each vote $1. Buy tickets and submit “votes” at their website. [Family Violence Appellate Project]
* Professor Glenn Cohen of Harvard Law appeared on Rachel Maddow last night to discuss whether or not doctors should participate in executions. I guess no one would be around to complain about the six-month-old issue of People in the waiting area. Video below. [Rachel Maddow Show]
* So we all know University of Texas Law admits politically-connected students with bad grades and scores. But did you know they let in someone with a 128 on the LSAT? ONE. TWENTY. EIGHT. [Watchdog.org]
* Do we even need the Supreme Court? Well, that’s one way to get RBG to retire. [Huffington Post]
* Seriously, the Boston Public School system is eliminating its history department. [Lawyers, Guns & Money]
* Yesterday I talked about a devastating takedown of the latest National Review article contending that sexual assault is no big deal. Perhaps I crowned a champion too soon, because this is an even better whipping of that article. [Concurring Opinions]
* Wait, ID laws ultimately suppress voter turnout? What a surprise! [Election Law Blog]
* The last word in the death penalty debate after the jump… [The Onion]
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
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.