Reports indicate that cloture has not been invoked for Goodwin Liu’s nomination to the Ninth Circuit. That means the filibuster is still on. That means he’s going to be a law professor, not a judge (at least until the next election cycle).
Senators Susan Collins (R-ME), Olympia Snowe (R-ME), and the totally [curse words] Ben Nelson (Something – NE) all voted against Liu. Game, set, match.
Maybe Goodwin Liu and Miguel Estrada should start a support group.
UPDATE (2:40 PM): The vote to end debate failed, 52-43; 60 votes were required.
* The Southern District of New York: gay bench, or the gayest bench? Like fellow S.D.N.Y. nominee Paul Oetken, Alison Nathan is an openly gay lawyer who clerked for SCOTUS and served as an associate White House counsel. [Poliglot / Metro Weekly; Main Justice]
Longtime readers of Above the Law will recall the colorful figure of Shanetta Cutlar. She was a high-powered Department of Justice lawyer who was known for her high-handed treatment of DOJ subordinates and colleagues.
(Read the blockquote in this post to get a sense of her antics, or read this juicy letter to former Deputy Attorney General Paul McNulty, in which ex-Cutlar underling Ty Clevenger describes the “atmosphere of fear and paranoia” created by Shanetta.)
We haven’t covered Shanetta Cutlar since March 2010, when she stepped down from her post as chief of the Special Litigation Section (“SPL”). After she left SPL, she took a post in the Bureau of Justice Assistance, part of the Office of Justice Programs (“OJP”). This move was interpreted by some DOJ insiders as a form of exile for the controversial Cutlar.
We haven’t heard anything about her since her move to OJP — until now….
* Several states are considering laws that would make it more difficult for college students and others to vote. College students fire back that they’re not going to take this lying down. But they’re going to get a little high first. [Washington Post]
* Lawyerly Lairs: Retired Law Professor Edition. Amidst all the bellyaching by state workers demanding rich, defined-benefit pensions (which are basically extinct in the private sector), isn’t it nice to read about two old people who can pay for their own retirements — and a $3.3 million condo? [New York Times]
* Wondering why Rep. Christopher Lee stepped down so quickly? Here’s a possible answer. [Gawker]
* How did Howrey start to unravel? The trouble might have started in Europe. [Washington Post]
* Congratulations to Arvo Mikkanen, a Native American nominee to the federal bench in Oklahoma (and “an all-around great dude,” according to a tipster). [The Atlantic]
* Washington & Lee Law School, which we recently praised for its honesty to prospective law students, gets even more transparent — in an interview with Vault. [Vault's Law Blog]
* In a recent visit to USC, Justice Kennedy presided over a Shakespeare-inspired trial — something he has donebefore — and denied that the justices think about the news media when making their decisions. Methinks His Honor doth protest too much. [USC News]
'Please don't ship me in a box with no air holes.'
Given my prior stewardship of Underneath Their Robes, it should come as no surprise that I like my judges to exhibit some humanity. My favorite judges are those with personality, spunk, and a sense of humor, not the judicial automatons who just crank out dry opinions.
Sometimes judges can be, well, all too human. They might make mistakes — such as, for example, letting their lovers take nude photos of them in compromising positions, which then wind up on the internet. But that’s okay — the photos might be embarrassing, but they don’t call into question judicial impartiality or otherwise prevent the judge from serving.
(All the photos might show is that judges like sex — and is there anything wrong with that? As Elie quipped to me this morning, with regard to the Justice Lori Douglas photos, “I’m not worried about the judges who like having sex. I’m worried about the ones who don’t like having sex.”)
Earlier this week, the Honorable Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, reminded us that judges are people too — people who still enjoy free speech rights, despite their judicial offices….
Arlen Specter (R-PA), is switching parties. Politico reports:
Republican Sen. Arlen Specter is switching parties so he can run in the Pennsylvania Democratic Senate primary, abandoning his party because he does not want to be “judged by the Pennsylvania Republican primary electorate.”
Specter is the ranking member on the Senate Judiciary Committee (chaired by Patrick Leahy).
It will be interesting to see who replaces him as the Republican leader against future Obama judicial nominations. Orrin Hatch (R-UT) used to chair the committee. John Kyl (R-AZ) has been making a lot of news. Chuck Grassley recently became famous for his stance on banker suicide. Lindsay Graham (R-SC) might be a little young for the post.
The early money on the street is on Kyl. The Republican party seems to be listing right and Kyl has been out in front of that movement.
The back and forth on the Judiciary is important for lawyers (how much fun do you think Elena Kagan is having today), but obviously the bigger news is that Specter could be the 60th Senate vote for the soon-to-be filibuster proof Obama agenda.
The move stands to put the White House’s agenda on a fast track — and to renew hopes among organized labor for the Employee Free Choice Act.
The move also raises the stakes for the resolution of the Minnesota Senate race and may tempt Republicans to drag that fight on further.
Political expediency could be the name of the game for Specter. More details after the jump.
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.