[W]asting the Court’s time with nonsense is not the way for plaintiff to have any hope of prevailing in this case…. Plaintiff is either toying with the Court or displaying her own stupidity. She made the correct redactions when she re-filed her Complaint and Amended Complaint. There is no logical explanation she can provide as to why she is now wasting the Court’s time, as well as the staff’s time, with these improper redactions.
Immigration is a hot topic these days. It was the subject of a recent Supreme Court case, Chamber of Commerce v. Whiting (a rare loss for the Chamber, which fares well at SCOTUS). It’s getting implicated in the LGBT rights movement, as gay and lesbian binational couples fight deportations caused by the Defense of Marriage Act. And as Election 2012 gets underway, we’ll surely be hearing more about immigration in the weeks and months ahead.
As the immigration debate continues, let’s keep in mind the important contributions made to our nation by immigrants. For example, one of our most distinguished federal judges — Chief Judge Alex Kozinski, of U.S. Court of Appeals for the Ninth Circuit — is an immigrant. He was born in Bucharest, Romania, in 1950, and he immigrated to the United States with his family in 1962, at the age of 12.
Chief Judge Kozinski recently sent me a great story relating to his naturalization, which I will now share with you (with His Honor’s permission)….
As the first openly gay man to be confirmed as a federal judge, he will be a symbol of how much we have achieved as a country in just the last few decades. And importantly, he will give hope to many talented young lawyers who until now thought their paths might be limited because of their sexual orientation. When Paul becomes Judge Oetken, he will be living proof to all those young lawyers that it really does get better.
– Senator Chuck Schumer, commenting on the confirmation yesterday of Paul Oetken to serve as a judge on the Southern District of New York, by a Senate vote of 80-13.
(Because we are fair and balanced here at Above the Law, we offer a decidedly different perspective on the Oetken confirmation, after the jump.)
On Monday we published an update on Supreme Court law clerk hiring. In the wake of that update, we received a veritable cornucopia of tips and news of new hires (for which we thank you).
The most welcome information came from the Supreme Court itself. The Court’s Public Information Office kindly provided us with the official list of law clerks for October Term 2011. This list does not include law school and prior clerkship information, which the PIO will release later this year, but it does allow us to verify all of the crowdsourced hiring information we have gathered on our own.
So let’s take a look at (1) the official list of SCOTUS clerks for OT 2011, courtesy of the Court itself; (2) our unofficial list of OT 2011 clerks, with law school and prior clerkship information; and (3) an updated list of October Term 2012 hires thus far (at least three justices are already done)….
And at One First Street, home of the Supreme Court of the United States (aka “SCOTUS”), clerk classes are transitioning. July is when outgoing Supreme Court clerks leave the marble palace — do pass go, do collect a $250,000 signing bonus — and their replacements arrive. The arrivals and departures are staggered over the entire month, so the departing clerks can train the newest members of the Elect.
July is a good time for an update on Supreme Court law clerk hiring. Let’s have a look….
Not only am I dismissing your case — WITH PREJUDICE — but I am also referring you to the grievance committee, and will personally recommend that you are sanctioned. You lied to this Court, and that will not be countenanced. Now please leave my courtroom.
– Judge Jed Rakoff, benchslapping (as reported by an ATL reader who witnessed Judge Rakoff in action for the first time, from the safety of the gallery).
The Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, and one of his law clerks have penned a eulogy for the Fourth Amendment. It’s been murdered, Judge Kozinski and Stephanie Grace write in an editorial for The Daily, and you all are the guilty culprits.
You’ve put a knife in it, by letting supermarkets track your shopping in exchange for loyalty discounts, letting Amazon and eBay store your credit card info, and letting Google track the websites you visit and take photos of your homes with satellites.
The problem, at least constitutionally speaking, is that the Fourth Amendment protects only what we reasonably expect to keep private. One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public…
With so little left private, the Fourth Amendment is all but obsolete. Where police officers once needed a warrant to search your bookshelf for “Atlas Shrugged,” they can now simply ask Amazon.com if you bought it. Where police needed probable cause before seizing your day planner, they can now piece together your whereabouts from your purchases, cellphone data and car’s GPS. Someday soon we’ll realize that we’ve lost everything we once cherished as private.
I came of age in the law in the late 1980s. At the time, arbitration was viewed as a big deal and a possible threat to the judicial system. Many corporations were adding arbitration clauses to their contracts; companies were agreeing to arbitrate, rather than litigate, disputes; and pundits feared that the judicial system would suffer.
What were the perceived benefits of arbitration?
It’s private. Companies wouldn’t have to share their dirty corporate laundry with the world.
You get to pick your own decision-maker. If you fear generalist judges, you can select an industry specialist as your arbitrator.
Arbitration is cheaper. Limited (or no) document production; no depositions; no silly, time-consuming motion practice. No serious appellate review, and thus relatively few time-consuming appeals.
This was perceived as being not just good, but great! Parties could design their own processes to have private judges resolve disputes quickly and efficiently, and corporations would spare themselves the expense and indignity of appearing in court.
Indeed, a couple of decades ago pundits feared that arbitration would soon threaten the judicial system. Parties with means would plainly prefer arbitration to litigation, so there would be ample demand for arbitrators’ services. Arbitrators are often paid at the rate of private practice lawyers, rather than public servants, so good judges would leave the bench in droves to accept more lucrative jobs as private arbitrators. The quality of judges would decline, and America would be left with a two-tiered system of justice: High-quality, private arbitration for the rich, and low-quality, public courts for the poor.
As we all await a vote on gay marriage in New York, the New York Observer came out with a wonderful list: the 50 most powerful gay people in New York. They’ve called them “power gays,” and that, my friends, is just fun to say. Here, I’ll use it in a scene.
OLD GUY: Is that guy over there… a gay?
ELIE: No. He’s a POWER gay.
The number one most powerful gay person in New York is City Council Speaker Christine Quinn. That makes sense. Christine Quinn could well be the next mayor of New York City, and unlike other potential NYC mayoral candidates, she doesn’t have a penis that can be photographed and disseminated over Twitter.
But, more relevant for our purposes, the power gays include a number of lawyers….
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!