These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.
The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.
As in many things, the Southern District of New York provides a model for other courts to follow….
Last month, the powers-that-be behind OSCAR (the Online System for Clerkship Application and Review) made some changes to the remnants of the Law Clerk Hiring Plan (to the extent that folks still follow the Plan). The upshot: OSCAR will release the electronic clerkship applications of rising 3Ls on June 28, 2013, at 12:00 p.m. (ET). At that point, judges are free to schedule and conduct interviews and make clerkship offers.
In writing about this news, I questioned the wisdom of this approach: “The Plan provides for ‘a single date to receive applications, schedule and conduct interviews, and make clerkship offers.’ This could be a recipe for an utterly shambolic process, a mad scramble for talent on June 28, full of hastily conducted interviews, exploding offers, and questionable behavior by both judges and applicants.”
Well, it seems that some judges agree with this analysis and are taking a different tack….
* “Journalists should not be at legal risk for doing their jobs.” Thanks Obama, but AG Eric Holder was the one who kind of signed off on the James Rosen search warrant. [Open Channel / NBC News]
* The chief judge of the D.C. Circuit apologized for a lack of transparency in the James Rosen probe, and this is one of the least embarrassing things that happened this week. [Washington Post]
* Despite having “done nothing wrong,” embattled tax official Lois Lerner announced she’s been placed on administrative leave in light of recent events. I salute you, fellow WNE grad. [National Review]
* Watch out, patent trolls, because this proposed bill might actually be — gasp! — helpful. If enacted, the Patent Abuse Reduction Act’s goal is to help keep discovery costs down. [Hillicon Valley / The Hill]
* It’s a hell of a drug: for some lawyers, the sequester won’t be such a bad thing after all, because Coast Guard and Navy forces won’t be available to intercept 38 tons of cocaine. [Breaking Defense]
* Proskauer Rose’s ex-CFO, Elly Rosenthal, has cut down her $10 million suit against the firm to just one allegation. She claims the firm fired her solely for her diagnosis of breast cancer. [Am Law Daily]
* The Boy Scouts of America will now admit openly gay youths into their ranks for the first time in the history of ever. You should probably “be prepared” for a flurry of litigation over this. [New York Times]
* A mistrial was declared in the penalty phase of the Jodi Arias murder trial. Ugh, come on with this, the Lifetime movie is already in post-production! How on earth are they going to work this in? [CNN]
* In the Western District of Arkansas, judges have to forfeit judicial immunity to go to the bathroom. So if you want to sue a judge, you need to catch them when their pants are literally down. [Hercules and the Umpire]
* Cooley boy makes good! President Obama nominated Christopher Thomas, a Cooley Law School grad and professor, to the Presidential Commission on Election Administration. [White House]
* A judge threw out the fine against a New York artist as unconstitutionally harsh. The artist took an antenna from the trash and cops impounded his car and fined him $2,000. [Thompson Reuters News & Insight]
* The Ninth Circuit struck down Arizona’s “Fetal Pain” Abortion Ban. Sounds like a viable decision. [PrawfsBlawg]
* Work/life balance is when lawyers with kids throw their childless colleagues under a bus. [Slate]
* If you’re reading transcripts of old trials and think the lawyers of yesteryear were smarter, you’re probably right. Western civilization has gotten dumber since the nineteenth century. The reason is summarized by the video after the jump….
One of our favorite legal blogs is Noncuratlex.com, authored by Professor Kyle Graham of Santa Clara Law. The site is extremely funny and insightful, especially if you’re a legal nerd (we plead guilty), and we link to it regularly.
* Our thoughts and prayers go out to the people of Oklahoma. [CNN]
* The IRS and the Treasury Department better watch out, because it seems that the “next logical step” for the tea party victims of heightened scrutiny leads right up the courthouse stairs. [ABC News]
* #Whatshouldwecallme after advising on the $1.1 billion Yahoo/Tumblr deal? Kind of a big deal. The Biglaw firms doing the underlying legal work are Simpson Thatcher and Gunderson Dettmer. [Am Law Daily]
* The Mirena MDL judge thinks female attorneys should be on the all-male executive committee. If this is “strategic gender placement,” the strategy is to look bad publicly. [Thomson Reuters News & Insight]
* The Travers Smith trainee who was fired for getting pregnant is due in court this June to find out what type of compensation she’ll receive for being discriminated against by the firm. You go girl! [Daily Mail]
* There’s trouble in paradise: lawyers in the Jodi Arias case unsuccessfully attempted to get a mistrial and withdraw from representation — for the second time — during its punishment phase. [Fox News]
Can you imagine only having to listen to black people for 11 minutes for your entire year?
At what point do the Supreme Court’s views on racial equality and tolerance become entirely illegitimate?
At this point, I wouldn’t be surprised if the only black people the nine justices know are characters they’ve seen in Tyler Perry movies. Sorry… characters the justices have seen in previews for Tyler Perry movies.
The Huffington Post has a damning report on the number of minorities who have even had the opportunity to argue in front of the Supreme Court this Term. It’s embarrassing. But in a couple of days or weeks, these nine people are going to presume to tell me whether or not we’ve achieved enough racial equality to do away with affirmative action and the Voting Rights Act?
It’s unbelievable. It’s unbelievable that these nine people think there is any person of color who should respect them worth a damn…
My expertise to address this topic may not be clear. For truth be told, I am ill-equipped to break out in song. My grade school music teacher labeled me a sparrow, not a robin, and instructed me to just mouth the words. Still, in my dreams I can be a great diva.
Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.
I suppose that’s a rhetorical question. When you live in a nation that’s been reduced to an army of mindless reality-TV-watching drones, it’s not exactly surprising that the average citizen is more inclined to trust a television judge than a jurist who’s been appointed to the highest court in the land.
We care more about the matching camouflage wedding couture Honey Boo Boo’s parents, Mama June and Sugar Bear, wore when they tied the knot this past weekend than the next round of controversial decisions that will be soon be handed down by the Supreme Court. We care more about the Kimye baby bump than the very existence of the Supreme Court, much less the names of the justices sitting on its esteemed bench.
No one who’s been paying any attention is taken aback by the fact that Americans care more about the people they see on television on a daily basis than names they once read in a textbook. That’s why the results of the latest Reader’s Digest Trust Poll as to this country’s judges are expected, and sad, and not at all surprising….
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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