* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal]
* Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. [Switch / Washington Post]
* It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist]
* “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press]
* Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]
Is your office cold? Is your chilly heart in need of thawing? Cuddle up by the fire — or just grab another cup of coffee from the break room — and feel the glow of the winter wedding goodness we have for you this week!
Here are our magnificently impressive, all Ivy-educated lovebirds:
Judicial misconduct comes from all across the ideological spectrum. Judge Richard Cebull of Montana, who reportedly spewed out racist emails like an ATM dispensing twenties, was an anti-Obama conservative. Meanwhile, Judge Boyce F. Martin Jr., whose ethical troubles we alluded to yesterday, was a prominent progressive on the Sixth Circuit.
Judge Martin was appointed to the court in 1979 by President Jimmy Carter and wrote major opinions attacking the death penalty and defending affirmative action. He also penned fun opinions that included references to The Simpsons and Austin Powers.
Alas, this liberal lion has roared his last. Did an investigation into possible judicial misconduct help drive Judge Martin from the bench?
How many racist emails does it take to brand someone a racist? My personal rule is “one.” If you send one horribly racist email that actually manages to leak out into public discourse, it’s probably not your only one. Seeing a racist email from someone is like seeing a mouse in your apartment: there’s never just one. I believe in temporary insanity, but I don’t believe in sudden onset racism that magically appears once and only once and then disappears forever.
Of course, whenever anybody gets caught in a racist email scandal, they always say that it’s the only one. It’s always “Whoops, that email was racist, but I’m not racist.” The racist email is always allegedly “out of character,” and the person always claims to have shown “poor judgment.” And that person always has some apologists, as if sending one or two racist emails is just something that “happens” in the normal course of business to non-racist people.
That’s what Judge Richard Cebull claimed. In 2012, he was busted sending around a racist email about President Obama. He claimed that he didn’t mean to be “racist” — he just meant to voice his displeasure with the president (as if it wasn’t bad enough for the judge to be taking public opinions about the sitting president).
Some people bought the Cebulls**t. Not me. And Cebull eventually retired. But the investigation into his misconduct continued, and now that investigation has been made public.
Surprise, Richard Cebull sent a ton of racist, sexist, and otherwise inappropriate emails….
The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.
In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.
The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…
I join the Order and Judgment. I write separately for a collateral reason. After oral argument I was designated as author. Recently, because he was concerned with the delay in disposition, Judge Kelly reassigned the case and prepared the Order and Judgment. I am solely responsible for, and deeply regret, all delay in resolving this matter.
– Judge Terrence L. O’Brien of the Tenth Circuit, in an oldie but goodie from last year, issuing himself a benchslap for failing to keep on schedule.
(Maybe this is why Judge O’Brien has since taken senior status.)
If you’re interested in the whole opinion, it’s available after the jump…
Even if they don’t get no respect from Forbes, Supreme Court clerkships are still highly coveted credentials. And a number of justices have made several hires since our last hiring update, back in November 2013.
Who are the newest future SCOTUS clerks? See any names you know?
* The D.C. Circuit just spanked the FCC and its net neutrality rules for the second time in a row, but at least the court was polite enough to give the agency a reach-around by saying that it had authority to govern broadband providers. [National Law Journal]
* Current and former judges of the Foreign Intelligence Surveillance Court wrote a strongly worded letter in opposition to Obama’s proposed surveillance reforms. Apparently they don’t want their secret workload to increase. [Washington Post]
* Oooooooklahoma, where gay marriage comes sweepin’ down the plain! A federal judge ruled that the Sooner state’s ban on same-sex marriage is unconstitutional, issuing a stay pending the obvious appeal to come. [BuzzFeed]
* California can prevent LSAC from notifying law schools when prospective law students were given extra time on the LSAT. LSAC values its ability to discriminate, so expect an appeal. [San Francisco Chronicle]
* Yo, Kanye West, I’m really happy for you, I’ma let you finish… I’m sorry, but Coinye had one of the best bitcoins of all time. ONE OF THE BEST BITCOINS OF ALL TIME. [MoneyBeat / Wall Street Journal]
That’s not a joke. It might still be too early to apply for clerkships as a first-year law student, but 1Ls should at least be thinking about their clerkship applications — which judges they want to apply to, which professors to seek out as recommenders, and the like — as the spring semester draws to a close.
In case there was any doubt about that, it’s effectively the message the judges are sending too. As we noted in yesterday’s Non-Sequiturs, there’s some important news about the Law Clerk Hiring Plan that first-year law students should know….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.