Justice Clarence Thomas is one of the quieter Supreme Court justices, at least at oral argument and in terms of media appearances. (He can be quite gregarious and charming in smaller settings.)
But Justice Thomas recently sat down for a chat with Business Week, which you can read here. The interview focuses on Justice Thomas’s undergraduate education at Holy Cross and the effect that the Reverend John E. Brooks had upon CT as a mentor.
You can read excerpts at the WSJ Law Blog. We think the Law Blog hits the most important parts. But we’d add to the mix Justice Thomas’s comments about his college classmate and friend, superstar defense lawyer Theodore Wells, now defending I. Lewis “Scooter” Libby:
Do you feel a sense of fraternity with the people you went to school with?
In a distant way, I absolutely do. We don’t pal around. I absolutely admire Ted Wells and he and I are quite different. He’s one of the finest lawyers in the United States. But you know what? It’s not unpredictable. It’s something that could have been predicted. Think of the people who took chances on him.
There was a wonderful fraternity—The Cross. When you were a crusader, you looked after each other—no matter where you were. That doesn’t mean they would always be in a position to do you a favor. But they were there, just as a friend. I’ve never been turned away by a graduate of The Cross.
While we’re on the subject of Justice Thomas, we’re curious about your opinions of him. Please take our poll:
* This is in no way an admission that MTV is somehow partially responsible for your laziness and/or learning disabilities. [New York Daily News]
* More Heidi Fleiss-inspired antics! I keep forgetting this kind of thing is illegal — there should be a carve-out for the C-listed and below. [Los Angeles Times]
* This mom-of-the-year is kind of like a low-rent Joe Simpson, although we’re pretty sure Jessica isn’t faking. [MSN]
* The lurid nature of this trial may make the “sex, lies & videotape” qualifier okay, but that was, like, 18 years ago. Conversely, why do we remember Peter Gallagher only from The OC? [New York Times]
* Utah is that boring. [QuizLaw; Denver Post]
A quick follow-up to yesterday’s post about Judge Richard Posner’s opinion in the “Giftes” free speech T-shirt case.
Thanks to the commenter who brought the two drawings in the opinion exhibits to our attention. We reprint them after the jump. And we look forward to seeing them in the august pages of the Federal Reporter.
A detailed excerpt, plus a link to the full opinion, can be accessed here (via How Appealing). Money quote:
[T]he picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child’s talentless infantile drawing which Brandt’s design successfully mimics. Otherwise every T-shirt that was not all white with no design or words… would be protected by the First Amendment, and schools could not impose dress codes or require uniforms without violating the free speech of the students, a proposition sensibly rejected in the Blau case.
“[T]alentless infantile drawing”? Judge Posner, that was way harsh.
You had to rule against the plaintiffs based on the caselaw; fine. But did you really have to insult their artistic abilities? Kids are like district judges: their feelings are easily hurt.
(If you’re not familiar with this bizarre but amusing litigation, read our earlier post, available here.) Rulings of Note from the Seventh Circuit [How Appealing] Earlier: Lawsuit of the Day: Gifties v. Tards
* A flight attendant was suspended for merely taking a bathroom break. Of course, this “break” involved Ralph Fiennes’s penis. Wrongful termination or not, it would have been worth it. [The Daily Telegraph]
* Was this a way out of CLE requirements? [San Francisco Chronicle]
* Too many lawyers, not enough nuts, fruits or flakes. [Professor Bainbridge; Point of Law]
* How many times have you wondered what a producer actually does? And how many times since last year’s Oscars have you wondered why Crash won best picture? (Once for me, but the moment was intense and fraught with anger.) [Madisonian]
* Music without DRM is like Esperanto, a worthwhile dream that had its moments, but never gained enough momentum to carry it through globalization. So isn’t I-Tunes, like English, close enough? [CNET News]
* I applaud StopSylviaBrowne.com’s creator for exercising his First Amendment rights, but part of me hopes he is forced to shut down so he can attempt something approximating a life. [Overlawyered]
* If you can’t spank kids anymore, how else do you discipline them? [Houston Chronicle]
* He found what worked, and stuck with it. Next time, he should try something less creative, like rush-hour in public transportation. [Milwaukee Journal Sentinel]
(Yes, we know. According to Gawker, the formulation “Best. [X]. Ever.” is a blog-media cliché. But we don’t care. And we doubt that this cliché has ever been deployed in the context of Continuing Legal Education — so we get a free pass.)
If you’re (1) short on New York CLE credits, and (2) as transfixed as we are by the Biglaw train wreck called Charney v. Sullivan & Cromwell, have we got a suggestion for you.
A reader tipped us off to this CLE event, taking place on March 8 at the Princeton Club in New York:
Employment Law for the General Practitioner and Corporate Counselor Thursday, March 8, 2007
7.5 TOTAL CREDITS: 6.0 credit hours of practice management and/or professional practice; 0.5 credit hour in skills; 1.0 credit hour in ethics
This popular, basic-to-intermediate level program, updated and revamped from previous years, is structured to cover on a practical basis the issues and problems typically arising in today’s workplace on which corporate counsel, or a private practitioner with a general practice, may be called to handle on behalf of the company or the employee.
What’s so interesting about this? The presenters. Two of the lecturers are A-list celebrities of L’Affaire Charney: Zachary Fasman of Paul Hastings (at right), who represents the embattled megafirm; and Theodore Rogers of Sullivan & Cromwell, who is working on the case in-house.
We have advice for Mr. Fasman on how to structure his CLE presentation. Check it out, after the jump.
This news isn’t as exciting as a holiday bonus or a pay raise. But it does mean that if you took the Bar/Bri bar review course between 1997 and 2006 — hey, that includes us! — you can buy a round of $12 martinis for you and a few friends.
According to a tipster:
According to the Los Angeles Daily Journal, the Bar/Bri antitrust class action settled for $49 million, to be paid out to 290,000 clients. Each client will get $125.
Bar/Bri also agreed to terminate a “co-marketing” venture with Kaplan as part of the deal. Neither defendant (Bar/Bri or Kaplan) admitted wrongdoing.
* The Guber Downward-Facing Dog Trial coming soon. [De Novo; MSN]
* If you don’t know who’s the “real lawyer” at the table, it’s you. [PrawfsBlawg]
* Kosher-ness may be inapplicable to porn, but I would not want to venture a guess as to Mr. Cohen’s idea behind his trademark. [Likelihood of Confusion]
* Another reason hedge funds are shady? You don’t say. [Professor Bainbridge]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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