As much as it pleases me to see statistical data introduced in the Supreme Court, the act of citing statistical factoids is not the same thing as drawing sound inferences from them.
– Nate Silver, statistician extraordinaire, rebuking Chief Justice John Roberts’s use of statistics during oral arguments in Shelby County v. Holder, and noting that the voting ratios cited weren’t “meaningful in either a statistical or a practical sense.”
* Darren Heitner writes about the new business of concussions in the NFL. Safety equipment manufacturers are working overtime to shield themselves from future litigation because, you know, there’s not much that can be done when you’re still intent on running the human head into another hard, moving object at full speed. [Forbes]
* Welcome to Salem 2.0. This time it’s Salem, Missouri that tried to protect us from witchcraft by blocking Internet access to information about Wicca. A federal judge struck this down. Then hopped on a broom and skyrocketed away. [KDSK]
* A Florida woman pulled a gun on Walmart employees who wouldn’t honor her $1 coupon. It’s Florida, so she had to stand her ground on that sh*t. [Lowering the Bar]
* A 12-year-old boy got stoned and led police on a car chase. Live fast and die young, my friend. [Legal Juice]
* More on Lindsay Lohan: After her lawyer, Mark Heller, got blasted as incompetent by the media (including us) and the judge in the case, Lindsay says she’s sticking with him. Because she’s shown a canny understanding of legal practice so far. [TMZ]
* #Filiblizzard! That’s the Twitter hashtag that Senator Rand Paul coined to describe the confluence of a major D.C. snowstorm and Paul’s unabashed filibustering of the nominee to head the CIA. At the same time, there is another filibuster of Caitlin Halligan’s nomination to the D.C. Circuit. Remember when Harry Reid and Mitch McConnell hammered out a deal that would end the excessive filibusters? No. You don’t. Because that was just your Absinthe-fueled hallucination. [PrawfsBlawg]
* Former Justice Sandra Day O’Connor was on the Daily Show. She didn’t seem to understand that Shelby County was about Section 5. [Election Law Blog]
* “Do you know which state has the worst ratio of white voter turnout to African American voter turnout? Massachusetts.” Sorry, Chief Justice Roberts, but the Bay State’s top elections official begs to differ with your assessment. [WSJ Law Blog (sub. req.)]
* This retired SCOTUS justice — the first woman to ever serve on the nation’s highest court — now refers to herself as “an unemployed cowgirl.” We wonder what Justice Scalia will refer to himself as in interviews after he retires. [Sacramento Bee]
* Mayer Brown wasn’t the only Biglaw firm that had a terrible, horrible, no good, very bad year. Dorsey & Whitney’s 2012 revenue was also at a six-year low, but firm leaders think they can turn it around. [Star Tribune]
* Billion-dollar patent verdicts, so hot right now: 2012 was a “banner year” for for Biglaw firms representing winning clients, with K&L Gates leading the pack for the highest monetary award. [National Law Journal]
* “I wouldn’t want to be coming out of law school now.” Oh my God, you guys, the legal job market is still really tough for brand-spanking new law grads. This is new information that no one’s heard before. [Buffalo News]
* Rick Pildes writes a guest post at the Election Law Blog asking if Congress abdicated its responsibility when it failed to update the Voting Rights Act. That’s crazy talk. When does Congress abdicate its responsibility? [Election Law Blog]
This morning the Supreme Court heard oral argument in the challenge brought by Shelby County, Alabama, to the Voting Rights Act. I’m not really concerned with the particulars of the argument as articulated by the attorneys (U.S. Solicitor General Don Verrilli for the government, Bert Rein arguing for Shelby County), or the substance of the justices’ questions. The Court has been jonesing to strike down Section Five of the Voting Rights Act, which requires certain jurisdictions to “preclear” changes to their election laws with the federal government to be sure that they aren’t racially discriminating against minorities.
Chief Justice John Roberts seems to subscribe to the butthurt view that after 400 years of the enslavement and oppression of African-Americans in this country, now the only way to protect the rights of minorities is to make sure white people don’t feel discriminated against. Justice Anthony Kennedy seems to think he can make policy for the rest of the country, even though Citizens United should have shown him that he has no idea how the real world works. And the other three conservatives on the Court, Justices Scalia, Thomas, and Alito, think that racial equality involves keeping your mouth shut while majorities do whatever they want.
The conservatives have the votes to overturn one of the most successful weapons against racism in this country, and I can’t say I’m really surprised that conservatives are eager to take this away.
But is anybody else getting a little sick and tired of Justice Antonin Scalia’s constant grandstanding? I don’t know if it was getting passed over for Chief Justice or if he’s really pissed he didn’t get to decide who won the 2008 presidential election, but isn’t his whole “conservative intellectual hero” act starting to interfere with his job as “impartial member of the judiciary”?
* The Supreme Court will be hearing oral arguments today on a challenge to the Voting Rights Act. If for some reason you’re not sure why you should care about this, here’s everything you need to know to sound intelligent at the water cooler. [New York Times]
* If the sequester goes into effect this Friday, Attorney General Eric Holder warns that we’re probably going to see “profound” effects across the entire justice system. America, f**k yeah! Coming again to save the motherf**kin’ day, yeah! [National Law Journal]
* It looks like the tiny and terrifying Mary Jo White is currently on the Congressional pageant trail ahead of her March confirmation hearing for SEC leadership, and now she’s even vowed never to return to Debevoise & Plimpton. [DealBook / New York Times]
* A coup for Cadwalader and a casualty for Cravath: Jim Woolery chose another firm over his former home of 17 years, and it may have something to do with the Biglaw bonus market leader’s “sometimes antiquated” regime. [Am Law Daily]
* “There are many more fish chasing the same business,” but that’s not stopping new white-collar boutiques from trying to compete for business in what some say is an overly crowded market. [New York Law Journal]
* Louis Oberdorfer, district judge of the D.D.C. and former SCOTUS clerk, RIP. [Blog of Legal Times]
* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]
* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It's All Politics / NPR]
* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]
* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]
* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]
* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]
* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]
* Even though Obama wants to “make sure that [he's] not interjecting [himself] too much into this process,” the DOJ may still suggest that the Supreme Court overturn Proposition 8, California’s ban on gay marriage. [Associated Press]
* Anheuser-Busch InBev and the Department of Justice are cracking open a couple of cold ones to settle their differences over antitrust concerns with regard to the company’s planned purchase of Grupo Modelo. [DealBook / New York Times]
* It looks like Steve DiCarmine is being forced to take a break from his rigorous class schedule at Parsons to testify at a Dewey bankruptcy hearing next week. He’ll be happy to hear orange is in this spring. [Am Law Daily]
* Represented by Steptoe & Johnson, Jesse Jackson Jr. pleaded guilty to misusing $750,000 of his campaign funds for personal use. Most interesting purchase: Michael Jackson memorabilia. [Blog of Legal Times]
* When it comes to recruiting new talent, the ability to maintain a “collegial culture” is apparently a selling point for midsize law firms. And here we thought douchebaggery was the way to go. Sigh. [National Law Journal]
* Protip: do not flash your prosecutor’s badge to bypass cover charges and lap dance surcharges at the local strip club. You’re going to get fired. We’ll probably have more on this later. [Riptide 2.0 / Miami New Times]
* Don’t worry ladies, if you’re about to be raped, just pee or puke all over your attacker — or better yet, tell him that you’re on your period. Yeah, that’ll work. These tips are almost as good as “don’t dress like a slut.” [CNN]
* “[T]his is a ridiculous sideshow that’s horribly unbecoming to the parties involved.” The NCAA is now suing over a new Pennsylvania law designed to keep PSU’s Sandusky fines in the state. [San Francisco Chronicle]
Maybe people in Mississippi should watch this to figure out why the Voting Rights Act is still important.
My mother was born in 1950 in Mississippi. I’ve been to Mississippi. There are still brothers trying to escape to freedom from Mississippi.
Today the big story (at least in liberal circles) is that Mississippi finally officially ratified the Thirteenth Amendment, after two Ole Miss employees saw the movie Lincoln and decided to look into why their state hadn’t officially ratified the amendment. You can’t make that up: Mississippi needed a Spielberg movie to remind them to ratify the amendment banning slavery. I can’t wait till Mississippi sends an expedition to Isla Nublar to check into this whole “dinosaur situation”“Jesus Horse situation.”
You can see why liberals love this story. It’s the perfect deep south story: a tradition of holding people in bondage, slow response times, and incompetence.
And I’d leave it at that.
Except that as the Supreme Court gears up to eviscerate the pre-clearance requirements of the Voting Rights Act, it’s important to remember that not all states are created equal….
* In the wake of the Montana zombie scare, the Canadians have decided to begin preparing for a zombie invasion from the United States. I just hope zombies are vulnerable to hockey sticks. [The Faculty Lounge]
* Some savvy law students from Indiana looked at the job market and said, “Let’s brew beer instead!” And then they named the beer Black Acre. [The Indiana Lawyer]
* National Jurist is going to “correct” its rankings. But don’t worry, it’s going to keep the Rate My Professors score. That doesn’t bode well for Columbia Law. [Volokh Conspiracy]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!