Here’s a sentence from a recent Seventh Circuit opinion:
[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.
This was a sentence from the dissent.
Amazingly, though, the majority voted to reverse the conviction. Judge Sykes, who authored the dissent, would have affirmed the conviction — though, presumably, not because she thinks a Javert-like prosecution is a model that the Department of Justice ought to aspire to.
On Tuesday, the D.C. Circuit benchslapped a gaggle of lawyers for filing briefs with excessive acronyms. The court’s per curiam order directed the parties to “submit briefs that eliminate uncommon acronyms used in their previously filed final briefs.”
Alas, attempts to comply with this order have raised a new problem — a problem that some readers saw a mile away….
A few months ago, we noted that the FBI had quietly admitted that its primary function was no longer law enforcement (as it was supposed to be), but rather “national security.” Because fighting terrorism is hot. Putting bankers destroying the economy in jail? Not hot. As we noted at the time, the numbers showed that the FBI was putting a huge part of its budget towards “counterterrorism” (potentially doing much more to destroy your civil liberties than the NSA) and its efforts to take down white collar crime was dropping significantly.
Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.
Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.
No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.
Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .
The first rule of state court is: you do not talk about state court.
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
Attorney General Eric Holder was hospitalized today after experiencing faintness and shortness of breath, as noted by the ABA Journal. According to Justice Department spokesman Brian Fallon, Holder was taken to the hospital as a precaution, after experiencing symptoms during a morning staff meeting.
When reached for comment, Holder said, “Please God, let me use my Covington & Burling health care. Don’t send me to a death panel.”
Just kidding. Holder is fine (I hope, or else this post is going to look like very poor taste). Let’s wish him the best for a speedy recovery. Those drones can’t figure out whom to strike by themselves.
* A federal judge is charged with DUI. And there’s video of the arrest! [American Press]
* A heartwrenching poem from a law professor about discrimination. Wait, it’s not about race or gender discrimination but about not getting tenure as a legal writing professor. Yeah, that makes sense. [TaxProf Blog]
* Criminal defense lawyers are part-counselor, listening to the woes of their clients. Should basic instruction in therapy be part of professional training? [Katz Justice]
* The collapse of legal industry could be happening again, this time to the medical profession. [The Atlantic]
* Jeez, I had no idea that the paralegal industry is enjoying such a surge in hiring. I guess it makes sense… you get all the drudgery work of a young lawyer at half the cost. [George Washington University]
* A new DOJ report confirms what we all expected: Montana law enforcement officials are kind of terrible at prosecuting sexual assault cases. [Jezebel]
Bradley Cooper: a very handsome man, but sadly not a lawyer.
Seemingly random small-firm lawyers from Alabama weren’t the only legal types in attendance at the White House State Dinner on Tuesday evening. Indeed, as we’ve previously noted, numerous legal celebrities attended the festivities as well.
Sure, there were some “celebrity celebrities” at 1600 Pennsylvania Avenue that night. The guest list included such boldface names as J.J. Abrams, Stephen Colbert, Bradley Cooper, Mindy Kaling, and Julia Louis-Dreyfus.
But who cares about Hollywood? Above the Law readers are more interested in the government lawyers, federal judges, Biglaw partners and law professors who attended this major social event….
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, 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.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…