* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]
* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]
* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]
And it’s not over yet. What do Professors Richard Epstein and John Yoo — two of legal academia’s most colorful characters, rock stars in Federalist Society circles — think of the current state of law schools here in the United States?
When Berkeley Law professor John Yoo is able to come to the defense of President Obama’s secret legal justification for the assassination of American citizens, it’s time for progressives to pack it up and find a new candidate. Mike Bloomberg? Cory Booker? There are a bunch of other political figures out there who will gladly champion some liberal ideals until it becomes politically expedient for them to sell out the left in exchange for the warm embrace of the military-industrial complex.
Progressives will need to find somebody else because this Obama guy is done as a progressive leader. Many of you have been following the story of Anwar al-Awlaki. He’s the American-born radical cleric who was targeted and killed by a U.S. drone strike in Yemen. Many have questioned Obama’s authority to assassinate an American without due process of the law.
Today’s news is that President Obama did seek and receive legal justification for this strike from the Department of Justice. But you won’t get to see it. That’s because the DOJ issued Obama a secret memo that purportedly explains why Obama is allowed to kill Americans now….
Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in criminal proceedings.
If this had happened, the CIA could not have built the intelligence mosaic that pinpointed bin Laden’s location. Without the intelligence produced by Bush policies, the SEAL helicopters would be idling their engines at their Afghanistan base even now. In the war on terror, it is easy to pull the trigger — it is hard to figure out where to aim.
– Professor John Yoo, in an opinion piece in today’s Wall Street Journal. While serving as a Justice Department official in the Bush Administration, Professor Yoo provided legal analysis supporting the application of enhanced interrogation techniques to terror detainees — techniques that may have yielded information used in locating Osama bin Laden.
(A counterpoint to Professor Yoo — we believe in presenting both sides here at Above the Law — appears after the jump.)
* Khalid Sheikh Mohammed will be tried by a military commission at Guantanamo, but John Yoo is still not satisfied. He wants to capture people and hold them indefinitely without trial proof that the Obama Administration can conduct terror trials successfully. Obviously, the elegant solution is to make KSM live in Yoo’s basement until one of them begs for an impartial arbiter. [Ricochet]
* If you ever read the warnings on your prescriptions, I think this is what you’ll see (by Jeremy Blachman). [McSweeney]
* Over the weekend, while I was at the gym, I listened to this engaging and entertaining podcast, with Professors Richard Epstein and John Yoo. They discuss Libya, Obamacare, and — perhaps most interesting for ATL readers — the U.S. News law school rankings (around the 13-minute mark). [Ricochet (subscription); accessible for free for ATL readers over here (mp3)]
* Speaking of law professors and Libya, my friend and former co-clerk, Professor William Birdthistle, is writing an interesting series of posts about his childhood in that now war-torn land. The first appears here. [The Conglomerate]
* Joining the ranks of law professors: former Supreme Court shortlister Larry Thompson, who’s retiring as general counsel of PepsiCo and entering legal academia. [Corporate Counsel]
* Hey Raj Rajaratnam, look on the bright side: at least you’re not Barry Bonds. [Dealbreaker]
* A close and critical look at the PayScale salary data used by Forbes in its recent analysis of law school graduate salaries (as well as its ranking of “best law schools for getting rich”). [Constitutional Daily]
Ken Kratz wins 'The Prize' of no criminal charges.
Critics of the legal-education industrial complex would probably like to see some radical changes in the U.S. law school system. They’d probably want a few dozen law schools to shut down entirely, to reduce the glut of lawyers in this country. Barring that, they might want to see law schools reduce tuition dramatically — not just freeze tuition, which some schools are already doing, but make an outright cut in the sticker price of a J.D.
Alas, expecting such changes isn’t terribly realistic. Law school deans and law professors aren’t going to willingly reduce their salaries or send themselves into unemployment — and why should they? Despite all the warnings about the risk involved in taking on six figures of debt to acquire a law degree, demand for the product they’re selling, legal education, remains robust (even if it’s showing signs of abating).
Interestingly enough, however, we’re seeing some law schools cutting their production (of graduates, of J.D. degrees)….
Virginia Seitz: The Finishing School for the Elect's new headmistress?
* How much would you need to be paid to spend 40 hours in prison? Does $200,000 sound about right? [Maryland Daily Record]
* C’mon, libs, John Yoo isn’t heartless — he opposes slavery, for crying out loud. Meanwhile, Richard Epstein agrees with Yoo that the original Constitution was far from perfect. [Ricochet (Yoo); Ricochet (Epstein)]
* Sidley Austin partner Virginia Seitz — a member of The Elect (Brennan / OT 1986), and descended from Article III aristocracy, as the daughter of the late Judge Collins Seitz (3d Cir.) — is looking like President Obama’s pick for the powerful and prestigious Office of Legal Counsel (OLC). [Main Justice]
* Congratulations to the six lawyers selected by incoming New York Attorney General Eric Schneiderman for his front office (including Nancy Hoppock, my fantastic former colleague from the U.S. Attorney’s office). [WSJ Law Blog]
* At some point, all the injuries arising out of the ill-fated Spider-Man Broadway musical have to generate at least one lawsuit, right? [Gothamist]
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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.