Election 2012

I called it, but it wasn’t a hard call to make.

Last year, the Fifth Circuit upheld the University of Texas’s affirmative action plan in Fisher v. University of Texas. But they did so in a petulant, childish manner, as if somebody was forcing them to eat their vegetables. At the time, I said they were openly begging for a right-wing Supreme Court to review and overturn their ruling.

It looks like the members of the Fifth Circuit are going to get their wish. The Supreme Court granted cert on Fisher, and now we get to have an affirmative action debate right in the middle of an election cycle where a black man is running for reelection.

I’m sure that last part is just coincidence though….

double red triangle arrows Continue reading “SCOTUS Grants Cert in Affirmative Action Case: ‘Cause It’s an Election Year and They Like Power’”

Although lawyers make up 43 percent of Congress, and 60 percent of the U.S. Senate, according to Governing magazine, “[s]ince 1976, the number of lawyers in legislatures has declined by nearly a quarter, from more than 22 percent of all lawmakers to less than 17 percent.”

There, of course, is a natural path from lawyer to legislator. But the low pay, travel, time commitment, and mud slinging that we see on TV and the internet turn many lawyers away from public service.

The current political landscape also causes lawyers to be uninterested in participating in politics at any level, whether it means lobbying, running campaigns, fundraising, or attending political functions.

It’s a mistake…

double red triangle arrows Continue reading “The Practice: Political Networking”

English m*****f***** do you speak it?

How much English do you have to be able to speak in order to hold elected office? I don’t know, but apparently justices in Arizona think they know it when they hear it.

Continuing Arizona’s quest to become the most racist state in the Union, the Arizona Supreme Court affirmed a ruling that prevented Alejandrina Cabrera from running for a city council seat because she doesn’t speak English proficiently.

But we can’t just “blame whitey” for this one. Here we’ve got a Southwestern case of Latino-on-Latino crime.

Well, you know what they say: when in ‘Zona, do as the xenophobes do…

double red triangle arrows Continue reading “Arizona Supreme Court Upholds Discrimination Against People Who Can’t Speak English”

Morning Docket: 02.08.12

* Extra frothy: Santorum’s trifecta of wins in Minnesota, Colorado, and Missouri has made Mitt Romney angry. Because even a guy who wins nonbinding primaries can be dangerous to a man’s campaign. [New York Times]

* Richard Holwell, the judge who presided over Rajabba the Hut’s case, will be resigning and starting a boutique firm with two partners jumping ship from Kasowitz Benson. [Thomson Reuters News & Insight]

* Joe Amendola claims that evidence is being withheld in his client’s case — evidence like the alleged victims’ phone numbers. Why does Sandusky need those? So he can call and breathe heavily into the phone? [Philadelpha Inquirer]

* Foxy Knoxy’s lawyer is appealing her slander conviction in Italy, claiming that the police “manipulated” her during questioning. You were already cleared of a murder charge, stop pushing your luck. [USA Today]

* It’s really too bad that Lindsay Lohan doesn’t employ Biglaw firms for all of her drama, because given what she’s spent on legal fees in recent years, those prized spring bonuses would assured. [Huffington Post]

The return of summer associate days of yore?

* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times]

* Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for his campaign? Is he giving up his plans for the presidency, too? [Washington Post]

* Here’s a great refresher on all things Prop 8 in anticipation of today’s ruling from the Ninth Circuit. This is happening on West Coast time, so check back for our coverage this afternoon. [Poliglot / Metro Weekly]

* Summer associate hiring might be back in business thanks to pickups in litigation and transactional work, but don’t go out and start licking those Biglaw popsicles just yet. [Thomson Reuters News & Insight]

* Sorry, bridge and tunnel people, but it looks like you’re going to have to keep paying increased prices at the tolls. AAA of New York and North Jersey lost a bid to block collection of the fee hikes. [Bloomberg]

* Anna Nicole Smith is no longer with us, but her memory will forever live on in ABA Resolution 10B. Gold diggers across the nation can now rely on the power of federal magistrate judges. [ABA Journal]

[O]ne is a practicing polygamist, and he’s not even the Mormon.

– Retired Supreme Court Justice Sandra Day O’Connor, commenting on the differences between leading Republican presidential candidates Mitt Romney and Newt Gingrich during a speech at the Alfalfa Club.

Morning Docket: 02.01.12

Snooki and J-WOWW

* Florida: a place where people don’t care about your income tax returns. Mitt Romney dominated the state’s primary, grabbing all 50 of the delegates needed for the Republican nomination. [New York Times]

* Entry-level hiring might be down, but lateral hiring is being approached like an NFL draft. Biglaw firms want the best of the best, and if they have to poach partners to get what they want, they will. [Wall Street Journal]

* In the wake of scandal, Edwards Wildman has named a new managing partner. Robert Shuftan will take up the position tomorrow, and he’ll get first dibs on all of the partners’ wives. [Boston Business Journal]

* Paul Ceglia was ordered to pay Facebook’s legal fees, and now he’s crying over Gibson Dunn’s Biglaw price tag. Instead, he wants to pay podunk fees for his podunk town. [Bloomberg]

* Some cities in New Jersey don’t like pollution — they want to keep the trash down the shore. Hoboken’s mayor has denied MTV’s film permit request for Snooki and J-WOWW’s spinoff show. [New York Post]

Newt, you've made the tiger angry.

* “Members of Congress are not above the law,” and that’s why the Senate will likely approve a ban on insider trading of non-public information by the end of the week. Say hello to the Stop Trading on Congressional Knowledge Act. [Boston Globe]

* Eye of newt tiger, and toe of frog, wool of bat, and tongue of dog. You see, Newt, you screw up one part of the witches’ spell, and you get sued for unauthorized song use on the Election 2012 campaign trail. [Bloomberg]

* Which Biglaw firms have the strongest brands in the country according to high-revenue clients? You’d think that those in the top five would be the firms leading the bonus market, but like most things having to do with money, you’d be wrong. [Am Law Daily]

* As Rutgers Law students take to the streets to protest the school’s merger with Rowan, nontenured faculty members are doing their damnedest to GTFO before all hell breaks loose. [Burlington County Times]

* GW Law will be launching a health care law and policy program next fall for the low, low cost of $5M, but the hordes of law school grads willing to pay top dollar for a useless LL.M. is priceless. [National Law Journal]

I get that to lay people, the tax code seems incredibly complicated. It is complicated, and years of both parties legislating through the tax code has made it that way. I understand that the sepia-toned relief of an American being able to puzzle out his taxes on the hood of his pick-up truck before he goes fishing is a powerful image.

But honestly, the mainstream media has to stop acting like Mitt Romney is beset on all sides by byzantine forces that only our greatest theoretical physicists can understand. Taxes are governed by laws. As I’ve said before, we have professionals who deal with those laws; they are called tax lawyers. In fact, if you have modest investments and intelligence, you probably could do your taxes on the hood of your pick-up truck, provided you had a Macbook and downloaded TurboTax.

If, on the other hand, you want to make millions of dollars a year, enjoy the benefits of sophisticated investments, and keep money offshore to avoid paying American taxes on it, then you’re going to have to hire a freaking professional to help you. We’re going to cry over this? We’re going to be sad that we live in a world where people who make extraordinary amounts of money have to rely on trained professionals to help them make just a little bit more?

I guess the Times isn’t exactly crying over it (Fox News has been carrying most of the water on poor Mr. Romney and his complicated taxes), but they are smacking around one of the Biglaw professionals Romney hired. Let’s see which firm…

double red triangle arrows Continue reading “NYT Smacks Around a Biglaw Partner While Behaving as If Mitt Romney Needed Tax Advice From Stephen Hawking”

Greg Kelly

* Greg Kelly stands accused of an alleged rape that supposedly took place at a “lower Manhattan law firm.” While we wait for the tips machine to fire up, who’s up for kegs and eggs and Good Day New York tomorrow morning? [Gothamist]

* Classes in space colony law coming in 3… 2… 1… [Buzzfeed]

* The Ninth Circuit isn’t paying too much attention to the drivel coming out of the Republican primaries. [WSJ Law Blog]

* Resources are available for lawyers with substance abuse problems who need help. For lawyers with substance abuse problems who don’t need any help, I’ll be at Professor Thom’s tonight. [ABA Journal]

* Megan McArdle wonders: How much does Warren Buffett pay his secretary? [Instapundit]

* Congratulations to Barney Frank. Welcome to a civil liberty you should have always had. [Huffington Post]

* Apparently New York Times writer David Segal started his jihad against law schools because of a lawyer friend he talked to at a cocktail party. Click on the jump so you can get a look at him being interviewed, just in case you see him on the subway and want to talk to someone about your troubles…

double red triangle arrows Continue reading “Non-Sequiturs: 01.26.12″

SCOTUS in the house at SOTU.

President Barack Obama delivered his State of the Union address this evening, and it was even less exciting than last year (which was less exciting than the year before, when the famous Obama v. Alito showdown over Citizens United took place). Tonight was light on drama — one of the most compelling moments came early on, with the arrival in the chamber of retiring Congresswoman Gabrielle Giffords — and President Obama’s speech was light on new ideas. Considering that we’re in an election year, with no major legislation likely to pass anytime soon, this shouldn’t come as a surprise.

Your Above the Law editors covered the speech via Twitter. See @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky.

Here’s an open thread for discussion of the address. We’ll get the party started with a few legally oriented highlights, after the jump.

double red triangle arrows Continue reading “The State of the Union (2012): Open Thread”

C'mon, Your Honors, look lively!

Tonight, as everyone knows, President Barack Obama will deliver his State of the Union address. The speech starts at 9 p.m. (Eastern time). For real-time reactions over Twitter, follow @ATLblog, @DavidLat, @ElieNYC, and @StaciZaretsky. For a post-speech wrap-up, check Above the Law, either late tonight or tomorrow morning.

For Supreme Court nerds, here’s the perennial question: How many members of SCOTUS will show up at the SOTU? Feel free to make your guesses, in the comments.

Here’s some historical perspective to inform your speculation….

double red triangle arrows Continue reading “SCOTUS at the SOTU: Some Historical Perspective”