The other shoe has dropped: Senator Harry Reid went forward with the long-awaited “nuclear option” to end the Republican filibuster of Obama nominees, most notably the nominations of Judge Robert Wilkins, Georgetown Law Professor Nina Pillard, and Akin Gump partner Patricia Millett to three vacant seats on the D.C. Circuit.
By a 52-48 vote, Democrats killed off the filibuster for most of the president’s upcoming nominations, though kindly preserved the minority’s right to filibuster Supreme Court nominees. So they didn’t take away all of our fun.
But you probably already know that. You probably already have a militant opinion about it if social media is to be believed. But as we prepare to welcome three new judges to the D.C. Circuit, our friends, family, politicians, and media people are going to toss around some really hollow sound bytes both for and against this move. Let’s just get some of them out of the way now, so you don’t have to act surprised when you watch Meet the Press on Sunday.
This week, the Senate blocked the nomination of Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. President Obama nominated Wilkins to fill Judge David Sentelle’s seat. Failing to get the 60 votes needed to overcome a Republican filibuster, Wilkins won’t move forward to an up-or-down, simple-majority vote by the Senate.
Senate Republicans insist that the D.C. Circuit does not need any more judges in order to properly carry its current caseload. While Wilkins might be well-qualified to be a circuit judge, the Senate just isn’t hiring. President Obama said in a written statement, “When it comes to judicial nominations, I am fulfilling my constitutional responsibility, but Congress is not. Instead, Senate Republicans are standing in the way of a fully-functioning judiciary that serves the American people.” Democrats in the Senate, led by Senator Patrick Leahy (D-Vt.), threaten to alter the rules governing judicial nominations to prevent filibustering.
Democrats’ and Republicans’ reasons for fixating on the D.C. vacancies are political and obvious. It’s an unusually influential court, issuing rulings on administrative and regulatory matters with nationwide implications. What about the rest of the country, though? While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
* The rocky relationship between McKenna Long & Aldridge and Dentons is being doubted by everyone, and it looks like Dentons may be on the verge of receiving the “it’s not you, it’s me” speech. [Daily Report]
* Stephen DiCarmine, Dewey & LeBoeuf’s former executive director and resident fashionista, just hired a criminal defense attorney. We trust this man — jailhouse stripes must be so hot right now! [Am Law Daily]
* Skadden cares about its people. The firm is trying to prevent a man who killed one of its legal secretaries, got high, and then ate six waffles from collecting any of the funds from her 401(k). [New York Daily News]
* Just imagine if this great profile were written in true BuzzFeed listicle style. It’d probably be called something like “3,742 Words on Why Mary Bonauto Is the Most Awesome Marriage Equality Lawyer Ever.” [BuzzFeed]
* “I think it’s fair to say the hiring plan is kaput.” As we previously reported, the Law Clerk Hiring Plan is dead, and the heat is on to figure out a way to lure federal judges back to OSCAR. [National Law Journal]
Last night’s event will be tough to top. Justice Clarence Thomas, speaking with Judge Diane Sykes of the Seventh Circuit, delivered remarks that were “equal parts hysterical, poignant and inspiring,” as Texas Supreme Court Justice Don Willett noted on Twitter.
I was lucky enough to attend, seated just one table away from the stage. Here’s my account of the evening (plus a few photos)….
Alex Rich has a whole “worst job” thing going for contract attorney gigs. So far, that little contest has turned up lawyers getting paid minimum wage. That is pretty dismal.
But what about getting paid zero?
While some federal judges are making tentative steps toward ending the exploitation of regular folks at the hands of unpaid internships, others feel you shouldn’t have to pay for a cow when you can get milk from desperate cows hoping that giving away their labor might increase the dim likelihood of securing a decent wage somewhere else in the long-term for free.
If you’re looking to work for free, maybe this job listing is for you. If you just want to hate on a federal judge for taking advantage of lawyer misery for personal gain, you may want to read on as well…
Ed note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Debra M. Strauss, Associate Professor of Business Law at Fairfield University, offers helpful tips for landing a judicial clerkship.
You may be panicking now that that the Federal Law Clerk Hiring Plan appears to be in its state of demise. But this is not the first effort or the last to put some control on the timing of judicial clerkship applications! That’s why I gave the entire historical context in my book — Behind the Bench: The Guide to Judicial Clerkships — knowing that the “new” timing guidelines might not endure but would be likely to suffer the same fate as previous initiatives. To help you understand where we are now, it is important to know a bit of the background that preceded the latest Federal Law Clerk Hiring Plan. In addition, here’s some valuable advice I gave students the last time there were no timing guidelines to make the best of the situation.
Is it acceptable to say a friendly hello to a Supreme Court justice if you see one of the nine out in public? That’s the question posed in a recent Dear Prudence column. As a federal judicial stalker an Article III groupie myself, I say yes. Because who knows? The justice might give you an autograph (and some free wine).
But some people don’t need to chase after Supreme Court justices. Some people will get to work closely with the members of the high court as law clerks, crafting the opinions that will rule us all.
Thanks to everyone who responded to our recent request for SCOTUS clerk hiring news for October Term 2014. Let’s look at the updated list of clerks hired so far….
Judge Shira Scheindlin is no Jonathan Martin. When the Second Circuit bullied her off the stop-and-frisk case, she didn’t run crying to her parents. Instead, she’s standing up to the Second Circuit, appealing its ruling that she was improperly biased. She notes that the Second Circuit kicked her off the case sua sponte, without giving her any opportunity to defend or explain herself.
It’s funny… Scheindlin is basically arguing that she got stop-and-frisked by the appellate court. She was walking along, judging her own business, but the Second Circuit jumped to conclusions based on her appearance.
Unfortunately, in my experience, telling the people who stop-and-frisked you that they jumped to a conclusion without probable cause usually doesn’t go well…
Let us give thanks to all the talented attorneys who leave Biglaw partnerships to serve as federal judges. First, this type of public service, often made at significant financial sacrifice, is in the legal profession’s finest traditions. Second, by throwing their hats into the federal judicial ring, these nominees let us ogle their personal finances — a subject of keen interest, and one that’s less than perfectly transparent.
Last month we used a pair of Ninth Circuit nominations to gain insight into partner pay at Munger Tolles & Olson. Today we use a D.C. district court nomination as a vehicle for looking at profits per partner at two other elite law firms, Baker Botts and Covington & Burling….
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.
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
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