All of us as judges have had life experiences that could be said to affect our perception of the cases that come before us. Some of us have served as prosecutors and others have not; some have experienced discrimination as women or minorities and others have not; some are intensely religious and others are not, and our religions vary…. These life experiences do not disqualify us from serving as judges on cases in which the issues or the facts are in some indirect way related to our personal experiences.
– Judges Marsha S. Berzon and Richard Tallman, in an elegantly written Ninth Circuit order explaining why Judge Susan P. Graber does not need to recuse herself from a capital murder case because her father was murdered 40 years ago.
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
‘This herpes thing is less embarrassing than my 72-day marriage to Kim Kardashian.’
* Want to know what they call the Supreme Court attorney who deals with requests for stays of execution? The death clerk. Paging John Grisham, because this guy’s nickname would make a great book title. [New York Times]
* “If you’re going to sue, it’s better to sue earlier rather than later.” Probably why battleground states like Florida, Iowa, Nevada, Ohio, Pennsylvania, and Wisconsin are in a tizzy over their election laws. [Washington Post]
* WikiLeaks or it didn’t happen: Bradley Manning’s lawyer has demanded that seven years be cut from his client’s prospective sentence due to allegations of improper treatment while in military custody. [The Guardian]
* Michigan Law’s Sarah Zearfoss, she of Wolverine Scholars fame, finds media coverage about the awful job market for recent law grads “really frustrating.” Try being unemployed. [Crain's Detroit Business (reg. req.)]
* Kris Humphries is being sued for allegedly giving a girl herpes. But alas, the plaintiff seems to have no idea who actually gave her the herp — four John Doe defendants are identified in the complaint, too. [Star Tribune]
* “Given the police idiocy, one wonders where the boobs really are.” A nude model who was arrested during a body-painting exhibition in Times Square won a $15K false-arrest settlement from the cops. [New York Post]
* The ABA is gearing up for its annual meeting in Chicago. I’ll note (with a lack of surprise) that I was not invited. [ABA Journal]
* At that meeting, the ABA will once again consider accrediting foreign law schools. American lawyers have shouted down this idea twice before, but if the ABA has a chance to screw over its constituents it simply must keep trying. [National Law Journal]
* Here, we see NYU’s Dean Richard Revesz defend the economic value of an “expensive” NYU Law degree without actually using any economic facts or statistics. [Constitutional Daily]
* Will consultation with victims’ families determine whether James Holmes deserves the death penalty? You could probably consult with a wall to make that determination and get the same result. [PrawfsBlawg]
* Just like that, with incredible ninja-like speed, someone has already filed a negligence suit against the Aurora Century 16 Theater where the shootings took place. [Gawker]
* And no, sorry to disappoint you, but notwithstanding his self-admitted teeny peeny, we don’t think that James Holmes decided to go on a shooting spree because he got rejected by a few women on Adult Friend Finder. [Jezebel]
* While we’re talking about gun violence, Mike Bloomberg has got a great idea: all police officers should go on strike until legislators push through stricter gun laws. How is a nanny state supposed to work properly when all the governesses are off duty? [Gothamist]
* Knowledge is power in the hands of a client, especially when the knowledge you’ve given them is just another tool to piss off opposing counsel during a deposition. [Popehat]
* Personal responsibility fail: allowing your 13-year-old to drive you home because you’re wasted. Fathering fail: believing that was a good idea in the first place. [Legal Juice]
* A fake TV show starring a wheelchair-bound paraplegic paralegal? You know you’d watch this. [The Onion]
The rush to judgment for James Holmes — the suspect shooter in the Aurora, Colorado movie massacre — is in full swing. I’m not here to defend this guy, but the bloodlust in our culture is fairly shocking. From the Daily News (via Marin):
I just, man, I’m just going to note, again, that BATMAN tries not to kill people. And I don’t think that comic book ideal is so unattainable for a civilized society. The desire for revenge is a natural emotion, but it doesn’t have to be public policy.
In any event, those looking for the ultimate vengeance against this apparent psycho might well get their wish. Though Colorado has been very cautious with its approach to the death penalty, the Holmes prosecutor has a reputation for going out of her way to seek it….
Singapore is where crime goes to die. The country is well-known for having strict laws against crime and even stricter punishments for criminal offenders. Caning gets a lot of press, probably because beating people with sticks sounds barbarous.
State-sanctioned killing is also fairly barbaric, and Singapore does it with even more gusto than our own United States. Singapore has a “zero tolerance” policy for drug use, which means drug users in Singapore can be hung by the state.
Now, Singapore’s deputy prime minister says the country will be loosening the rope around drug offenders. But druggies in Singapore shouldn’t get too excited…
* Colin Powell continues his tradition of saying the right things only when he has no power to do anything about it. [CNN]
* A new poll shows Americans think it’s more “morally acceptable” to kill criminals than to love somebody of the same sex. After I saw that poll, I turned to Jesus and said, “Now your failure is complete.” [Atlantic]
* Kashmir Hill was on the Kojo show talking about the Dharun Ravi sentence. Sure, like she’s never been taped having a gay hook-up. [The Kojo Show]
* Black people who wear hoodies get shot to death, and white people who wear hoodies don’t live up to their IPO expectations. What a lovely post-racial world some people seem to be living in. [Dealbreaker]
* Here come the men in black. Won’t let you remember. Here come the… what are you doing? Decapitate him? Come on, he’s not an alien, you get that we just saw a movie, AAAAHHHHHHHH NOOOOOOO. [New York Daily News]
According to new research from Columbia Law School, this man was executed for a murder he did not commit.
Earlier this week, a group of students at Columbia Law School, along with law professor James Liebman, released a 400-page report detailing the story of a Texas man who was, according to the report, executed for a murder he did not commit.
Released online in The Columbia Human Rights Law Review, the narrative has received massive press attention in the last two days. Many in the media have already described the terrible story as a potential answer to Justice Scalia’s famous quip that if the United States ever executed the wrong man, “the innocent’s name would be shouted from the rooftops.”
The details of Carlos DeLuna’s story are far too numerous to fit into a single post, but keep reading for the key plot points. We also spoke with Shawn Crowley, a 2011 Columbia Law graduate and a co-author of the paper. She talked with us about how the project shaped her law school experience, and she gave some suggestions for other students who are looking for a more personal, relationship-based time in law school.
* Dewey need to take a look at the Biglaw industry in general before more firms implode? Hell yes, says an author who’s written on the economics and management of law firms. [DealBook / New York Times]
* Wal-Mart was served with its first shareholder suit over its alleged bribery scandal, because the only thing on rollback this week is the price of the company’s stock shares. [Reuters]
* Does diplomatic immunity give you a free pass for getting handsy with the maid? Guess we’ll see next week, when a judge rules on DSK’s motion to dismiss his civil suit. [New York Daily News]
* As long as you’ve got money, the TSA will totally look the other way if you’ve got suitcases filled with drugs. Vibrators, on the other hand, are simply out of the question. [Bloomberg]
* As of yesterday, Connecticut became the seventeenth state to kill the death penalty. But not so fast, death row inmates. You still get to die. Isn’t that nice? [CNN]
* Franchise agreements be damned, because even judges can understand that sometimes, you just need to eat a delicious sandwich while you’re getting a lap dance. [KTVN]
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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.