[L]aw schools are questioning whether or not they are teaching students the right way, and it seems to me that the bench and the bar can engage in serious discussions with the law schools to advise them whether or not, say for the next 20 years… they have the proper approach for teaching those who will soon be the trustees of the law as active practitioners. That is urgent.
It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
I’m not sure if everyone has noticed, but right now in America gay people are the only people it’s okay to be openly bigoted against. Think about it, you can’t say that Obama can’t be president because he’s black. You have to dress it up and say crap like “he’s Kenyan,” or “he’s a communist,” or whatever. You can’t say that women’s health isn’t important. You have to say “birth control is for sluts,” or something that means the same thing, but allows you to say that “this isn’t a war on women.”
But with gay people, you can openly discriminate against them, and find a bunch of lawmakers who will applaud you. It’s not going to cost you a job. Nobody is going to pull your funding. Hell, North Carolina just put it in their constitution that it’s okay to deny gay people a basic civil right. How sick is that? A constitutional amendment that one group of people doesn’t have the same rights as other groups of people. Even the president basically said that while he personally didn’t hate gay people, it was still cool for each state to determine its own level of antipathy toward gay people, and legislate accordingly.
In that world, it’s not a huge surprise that the Commonwealth of Virginia just voted against a judicial appointment for an openly gay prosecutor because he is gay. That’s it. Not “he’s gay and also a terrible prosecutor,” not even “he’s gay and nobody likes him.” Just being gay was enough for the Virginia House to deny this man an appointment everybody agreed he was qualified for.
We’re living in a society where “f*** them queers” is an entirely valid political, social, and legal argument….
As the first openly gay man to be confirmed as a federal judge, he will be a symbol of how much we have achieved as a country in just the last few decades. And importantly, he will give hope to many talented young lawyers who until now thought their paths might be limited because of their sexual orientation. When Paul becomes Judge Oetken, he will be living proof to all those young lawyers that it really does get better.
– Senator Chuck Schumer, commenting on the confirmation yesterday of Paul Oetken to serve as a judge on the Southern District of New York, by a Senate vote of 80-13.
(Because we are fair and balanced here at Above the Law, we offer a decidedly different perspective on the Oetken confirmation, after the jump.)
As we all await a vote on gay marriage in New York, the New York Observer came out with a wonderful list: the 50 most powerful gay people in New York. They’ve called them “power gays,” and that, my friends, is just fun to say. Here, I’ll use it in a scene.
OLD GUY: Is that guy over there… a gay?
ELIE: No. He’s a POWER gay.
The number one most powerful gay person in New York is City Council Speaker Christine Quinn. That makes sense. Christine Quinn could well be the next mayor of New York City, and unlike other potential NYC mayoral candidates, she doesn’t have a penis that can be photographed and disseminated over Twitter.
But, more relevant for our purposes, the power gays include a number of lawyers….
One of [my handlers during my confirmation process] said, ‘You know, you might want to apologize for some of the things you wrote.’ I said to him, ‘Can we get one thing straight? I am not apologizing.’
I’ve lived the life I’ve wanted to live. I’ve said the things I’ve wanted to say. If you really want me to say I’m sorry, I’ll say, ‘I’m sorry that my life’s work has been misunderstood.’
– Harold Koh, current Legal Adviser to the State Department and former Dean of Yale Law School, in recent remarks he delivered at the American Constitution Society’s annual convention. (In the same speech, Koh voiced support for Yale Law graduate Goodwin Liu, whose Ninth Circuit nomination was successfully filibustered.)
That’s very impressive support. Off the top of my head, I don’t think I’ve ever seen anything quite like it. Washington is a small place, and informal channels will generally get word back to the relevant folks in the Senate without a public letter…. But the fact that so many conservative former clerks publicly support [Alison] Nathan’s nomination [to the S.D.N.Y.] is quite impressive.
– Professor Orin Kerr, commenting on a letter signed by 27 former Supreme Court clerks in support of the nomination of Alison J. Nathan, a former law clerk to Justice John Paul Stevens who has been nominated to a judgeship on the Southern District of New York.
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: