* Wage theft in fast food shouldn’t come as a surprise, but the role played by the franchise model in creating labor law violations is intriguing. [Lawyers, Guns & Money]
* A gathering of business development tips, including shout outs to Anonymous Partner and Mark Herrmann. [Corporette]
* What better qualification to challenge for the Vegas DA’s job than to be prosecuted by that office days before the election? [Las Vegas Law Blog]
* A Baltimore lawyer aggressively used the habeas process to release mentally ill girls to serve as personal slaves to the wealthy. [Slate]
* Weil’s Business Finance & Restructuring team is putting together a March Madness bracket based on quotes from bankruptcy decisions. Let the excitement wash over you. Having not seen the bracket yet, I’m reserving judgment on what an awesome array of bankruptcy quotes would look like. [Bankruptcy Blog]
* Kevin O’Keefe, who presented on my panel at our Attorney@Blog conference, left all of us touched with his tribute to Above the Law. [Real Lawyers Have Blogs]
* So what’s the solution here? Let another state’s appellate court hear the appeals? [AP via Kane County Chronicle via How Appealing]
* Come on, you can get the man a bond hearing earlier than three weeks from now. They’re killing me with this; let him go, damnit! [Atlanta Journal-Constitution]
* Mississippi sues State Farm for bad faith. [Jurist]
* Texas is uncharacteristically deliberate about executing somebody. [CNN]
* What is it with lawyers and sports tickets? [WSJ Law Blog]
Defendant Genarlow Wilson, who served two years behind bars for having consensual oral sex with another teen, has been ordered released from prison. Wilson’s habeas corpus petition was granted, despite defense counsel being named “B.J. Bernstein.”
(If former President Bill Clinton were asked if Monica’s ministrations were worth it — the impeachment, the ignominy, the imperilment of his presidency — what would he say?) Judge Throws Out Sentence in Teen Sex Case [New York Times] Judge Frees Teen Imprisoned for Consensual Oral Sex
[Atlanta Journal-Constitution via Drudge Report]
Okay, make that yesterday. A reader email drew our attention to the saucy conclusion of Justice Antonin Scalia’s dissent in Roper v. Weaver:
The greatest harm is that done to AEDPA, since dismissing the writ of certiorari leaves the Eighth Circuit’s grossly erroneous precedent on the books. (That precedent, by the way, cannot be explained away—as perhaps the Court’s own opinion can—as the product of law-distorting compassion for a defendant wronged by a District Court’s erroneous action. As noted earlier, the Eighth Circuit was not informed of that erroneous action. It presumably really believes that this is the way AEDPA should be applied.)
Other courts should be warned that this Court’s failure to reverse the Eighth Circuit’s decision is a rare manifestation of judicial clemency unrestrained by law. They would be well advised to do unto the Eighth Circuit’s decision just what it did unto AEDPA: ignore it.
WHACK! As our correspondent notes: “Scalia manages to benchslap both the majority opinion and the 8th Circuit all in the same paragraph.”
Some of Justice Scalia’s colleagues get cheeky on occasion. Another tipster drew our attention to Part IV of Justice Stevens’s Bell Atlantic v. Twombly dissent — which Justice Ginsburg expressly declined to join, perhaps due to its ‘tude.
But at the end of the day, there’s no disputing this truth: When it comes to benchslaps, nobody does it like Nino. Roper v. Weaver [FindLaw] Bell Atlantic v. Twombly [FindLaw]
* The standard for predatory-bidding claims is the same as that for predatory-pricing claims, and Ross-Simmons didn’t meet it. [U.S. Supreme Court (PDF)]
* A certiorari petition to the U.S. Supreme Court does not toll the 1-year statute of limitations for seeking federal habeas relief from a state-court judgment. [U.S. Supreme Court (PDF)]
* Juries can’t punish defendants for harm done to nonparties. [U.S. Supreme Court (PDF)]
* James Brown to finally be buried. [CNN]
* But the fight for the right to bury Anna Nicole Smith continues. [CNN]
Here’s another excellent article from Jeffrey Toobin of the New Yorker. It’s about the role played by Sen. Arlen Specter (R-PA), outgoing chair of the Senate Judiciary Committee, with respect to the recent habeas corpus legislation (aka the Military Commissions Act of 2006).
If you’re confused about the controversy over this legislation, which has wound its way through both the federal courts and the Senate chamber, the article is well worth your time. It explains recent developments in this complex area of law with commendable clarity.
And it also contains fun bits of color and gossip. We collect a few highlights, after the jump.
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.