Immigration

steak beef meat steakhouse

[R]eading the record with just a dash of common sense tells us that chefs who happen to be American citizens surely have the capacity to learn how to cook Brazilian steaks and perform the relevant related tasks. To maintain otherwise, as Fogo de Chao does, is to imply that Brazilian chefs are essentially born with (or somehow absorb during their formative years) a cooking skill that cannot be acquired through reasonable training, which seems an entirely untenable proposition.

– Judge Brett Kavanaugh (D.C. Cir.), dissenting in an interesting case regarding whether certain foreign chefs can qualify for the L-1B visa, granted to workers with “specialized knowledge.” Why does this feeder judge hate… food?

Sexism is pervasive in the legal profession, and it’s highly unusual if a week passes and there isn’t something to decry about the way women are treated by their male colleagues. From pay inequities and being passed up for partnership to constant lectures about the way they ought to dress, act, and speak, women lawyers have been given the short end of the stick in what was once considered a noble calling.

Worse yet, when it comes to achieving any sense of work/life balance, each action a woman lawyer takes is scrutinized with intensity — there are always questions raised as to her true dedication to her work. Should a woman lawyer be so bold as to become pregnant and then take maternity leave, then all bets are off. Colleagues will sigh with exasperation and fault their pregnant coworker for putting more work on their shoulders while the lawyer with child goes off to enjoy her “vacation” from the job.

It seems that even judges are fed up with women attorneys and their pesky maternity leave….

double red triangle arrows Continue reading “Judge Refuses To Postpone Hearing Because Maternity Leave Isn’t A Good Enough Excuse”

* Zombies responsible for tort. It’s like Walking Dead but with more motion practice. [PrawfsBlawg]

* As much as you hate pocket dialing someone, you don’t hate it as much as these people who pocket dialed 911 while making a drug deal. [Legal Juice]

* Ever wonder why AIG seemed to fare much worse under the bailout than the banks? Perhaps that’s because the government used the AIG bailout to play favorites and help out all their banking buddies. [Medium]

* Here’s one out of left field: Oregon’s first lady had a secret marriage to an 18-year-old immigrant 11 years her junior. Was this a “green card marriage” (i.e., a felony)? My home state doesn’t have great luck with political figures and legal trouble. [Willamette Week]

* Is law one of the most profitable industries for private companies? Of course it is. [Inc.]

* Guess what? Spending decades decrying “for’ners” for stealing hard-earned American cash, people consistently believe we spend tons more on foreign aid than we really do. [The Volokh Conspiracy / Washington Post]

* Legendary plaintiffs’ attorney Fred Levin talks about the ongoing effort to demonize plaintiffs lawyers. Video after the jump…. [Mimesis Law]

double red triangle arrows Continue reading “Non-Sequiturs: 10.09.14″


Justice Antonin Scalia

* Justice Scalia spoke at CU-Boulder last night. For his sake, we certainly hope he didn’t speak about any issues that might someday appear before SCOTUS, lest he be asked to recuse. [Boulder Daily Camera via How Appealing]

* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]

* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]

* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]

* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]

President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

double red triangle arrows Continue reading “When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder”

* Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]

* Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]

* An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]

* A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]

* The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]

* As football prepares to kick off, there’s a new filing opposing the renewal of the broadcast license for Dan Snyder’s Washington-area radio station because it has a tendency to broadcast a particular racial slur over and over throughout the NFL season. [Corporate Counsel]

* If you’re a young law grad ready to give up on being a lawyer, it’s harder to move into another industry than you’d think. [Law and More]

* Texas Attorney General Greg Abbott sought an emergency stay to allow Texas to start shutting down abortion clinics despite a ruling that the law was unconstitutional. So he filed his motion at midnight on the Sunday before Labor Day. The Fifth Circuit does not brook this tripe. [Houston Chronicle]

* New research confirms deportations don’t lower crime rates. They do, however, help drive up the BS in political ads, so that’s nice. [New York Times]

* The confusing reports that Goldman Sachs was driving aluminum around Detroit to drive up the price of aluminum spawned a lawsuit. And that led to a dismissal. [Bloomberg View]

* This is why you don’t eat underwear… [Daily Mail]

* The legal battle surrounding Adam Carolla’s podcast is breaking up friendships now. [CNN]

Have you heard of “immigrant-investment visas.” I hadn’t, but doesn’t it seem like exactly the kind of thing we would have? You pay us a lot of money, we give you a green card.

I know, putting it that way makes it seem a little too much like people can buy citizenship. Which they can. But the government dresses it up so it doesn’t sound quite as shady. From the Wall Street Journal:

Started 24 years ago, the EB-5 program allots 10,000 visas annually to foreigners who invest at least $500,000 in U.S. development projects, from dairy farms and ski resorts to hotels and bridges. In return, the investor and family members become eligible for green cards, or permanent residency, typically within two years.

Yeah, that still sounds pretty shady. People with $500,000 to sink into a freaking ski resort are probably doing just fine in their home country. At the very least, they’re probably not fleeing political or economic desperation and in need of fast-tracked immigration decisions.

According to the Journal, wealthy investors do this for their children. Yes, the children of wealthy investors benefit from this program. Meanwhile — excuse me, let me set my rage meter to nova — there are thousands of kids with their faces pushed up against the glass of America right now, FLEEING DEATH.

Continue Reading On Above the Law Redline…

When it comes to the debate over the wisdom of going to law school, I fall somewhere in between. I’m not as optimistic as Jordan Weissmann of Slate, but I’m not as pessimistic as Elie Mystal and Joe Patrice, two of my colleagues here at Above the Law.

Back in June, when I reviewed employment data for the law school class of 2013, I sounded some cautiously optimistic notes. I wondered whether a stable job market and shrinking law school classes could produce better employment outcomes for many law grads.

Could the jobs picture be even brighter than “stable”? Check out what looks like a big expansion of the U.S. Department of Justice’s prestigious Attorney General’s Honors Program, along with other opportunities to work as a lawyer for the federal government….

double red triangle arrows Continue reading “Reminder: DOJ (And Other) Honors Program Applications Are Due Soon”

* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

* Gaming the rankings — not just for law schools any more. [The Kansas City Star]

* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

double red triangle arrows Continue reading “Non-Sequiturs: 07.28.14″

Page 1 of 1512345...15