* A Simpson Thacher associate is planning to row across the Atlantic to support cancer research. [Remacae]
* These teacher tenure suits are so stupid and completely miss the real reason public schools have trouble. And the lead plaintiff inadvertently confessed just how off the mark he is. [Washington Post]
* AMC released the teaser for Better Call Saul. After the jump… [via Time Magazine]
In some parts of the world, changing water into wine would be considered a gift. Divining alchemy, they would call it. They would lift you on their shoulders and crowd-surf you back into the kitchen… where they would chain you to the sink and put you to work for the rest of the party.
But in Virginia, damn man, in Virginia changing water into wine will get your ass shot. Or it will get you arrested. Or it will get you a $212,500 settlement when the state finally figures out, “Hey, this is just water.”
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit released the latest opinion in UT v. Fisher, the ongoing battle over the role of race-based preferences in the University of Texas at Austin’s undergraduate admissions policy. Last year, the U.S. Supreme Court ruled that the Fifth Circuit had failed to apply the proper strict scrutiny standard to its earlier review of UT’s admissions scheme. Justice Anthony Kennedy wrote the court “must ultimately be satisfied that no workable race-neutral alternatives would produce the educational benefits of diversity.” He cautioned that, if a non-race-discriminatory approach could bring about UT’s stated goal of a “critical mass” of campus diversity, “then the university may not consider race.” The Court remanded the case back to the Fifth Circuit. This week, two of the three judges on the Fifth Circuit panel concluded that the use of race was, indeed, necessary.
Judge Emilio Garza’s dissent (beginning on page 44) criticizes the majority opinion for deferring impermissibly to UT’s claims, despite the Supreme Court’s instruction. He writes, “Although the University has articulated its diversity goal as a ‘critical mass,’ surprisingly, it has failed to define this term in any objective manner.” He later writes, “The majority entirely overlooks the University’s failure to define its ‘critical mass’ objective for the purposes of assessing narrow tailoring. This is the crux of this case — absent a meaningful explanation of its desired ends, the University cannot prove narrow tailoring under its strict scrutiny burden.”
How much diversity is a critical mass of diversity? Is this a unit of measure like a team of oxen or a murder of crows? How can a court possibly determine whether a given policy is necessary to achieve critical mass if we don’t know what that is? UT isn’t exactly the International Bureau of Weights and Measures, but a little bit more precision would be helpful.
The concept of critical mass is problematic for many reasons. Its vagueness provides a poor measure for reviewing courts. It packs in several dubious assumptions about the meaning of race. Here’s one more reason why “critical mass” is such a critical mess . . . .
* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]
* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]
* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]
* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]
* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]
* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]
* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]
* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]
I’m back for more, to celebrate the Fourth in style.
When asked, how do I describe my current living arrangements?
“I have an apartment in Chicago and a flat in London.”
Isn’t that odd? I automatically translate from American English — “apartment” — to British English — “flat” — as my brain imagines the transatlantic journey.
I also now naturally think in Celsius — 0 is freezing; 20 is room temperature; 35 is miserably hot — without doing a mental detour through Fahrenheit. But I still think in dollars. When I see that a half dozen eggs cost two pounds, I’m outraged that I’m being charged nearly three fifty for the item in my shopping cart. I don’t (yet) naturally think in sterling.
So I’ve generally adjusted to my new life, but things can still occasionally get spooky . . .
The ceiling of a Columbia dorm room collapsed on a student, giving her a herniated disk and persistent headaches. She claims the back injury compromised her ability to get a decent night’s sleep and forced her to take muscle relaxants to deal with the pain.
Now the newly minted lawyer is suing the school over her injuries, and the school’s lawyer is suggesting that the victim can’t really have this back injury because she kept getting good grades.
Are you tired of getting the same questions over and over again from prospective or existing clients? Should I choose an LLC or incorporation? Will I lose my house in bankruptcy? What is a power of attorney? How long will my divorce take? Rather than respond to these same questions over and over, why not school your clients instead?
These days, schooling clients is easy. With the rise of online training and college courses, a broader segment of the population is now familiar with online education. Plus, there are a variety of powerful free tools to create online educational programs to educate clients so that they’ll have a grasp of the basics.
This week, a Los Angeles County Superior Court found that five of California’s laws governing teacher retention violated the rights of schoolchildren under the equal protection clause of the California Constitution. Judge Rolf Treu issued a tentative decision in Vergara v. California, agreeing with plaintiffs that the provisions on firing public-school educators resulted “in grossly ineffective teachers obtaining and retaining permanent employment, and that these teachers are disproportionately situated in schools serving predominantly low-income and minority students.”
The United States Constitution, of course, provides no fundamental right to education. (Franklin Roosevelt’s “Second Bill of Rights” doesn’t count.) For example, in San Antonio Independent School District v. Rodriguez, the U.S. Supreme Court refused to apply strict scrutiny to a claim that the Texas funding scheme for public schools violated the equal protection rights of poor and minority students. The Court did so in part because it found no federal fundamental right to education.
The California Constitution, though, does provide for a fundamental right to education in its Article 9, Sections 1 and 5. In light of that, Judge Treu applied a strict scrutiny standard to the laws in Vergara. He concluded that the laws caused a violation of California children’s right to equality of education…
* This failed firm’s drama is the Biglaw gift that keeps on giving: Dewey & LeBoeuf’s bankruptcy trustee filed an amended complaint against Steve DiCarmine and Joel Sanders seeking the return of more than $21.8 million. [WSJ Law Blog]
* Norton Rose Fulbright elected someone who “love, love, love[s] the law firm” as U.S. managing partner, and she’s the first woman to ever serve as U.S. chair of its management committee. We love, love, love this news! [National Law Journal]
* According to a California judge, tenure laws are unconstitutional and are depriving students of the high quality of education they deserve. The end is nigh, law professors. Enjoy it while it lasts. [New York Times]
* Not all states have legalized the recreational use of marijuana, but it’d be a lot cooler if they did. The tide is turning across the United States, and we’ll soon see which states’ drug laws go up in smoke. [Slate]
* “Document review attorneys are in demand now but the demand will gradually decrease.” Sorry to be the bearer of bad news, but the one job you were able to get soon won’t need or want you. [InsideCounsel]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.