Minority Issues

‘Best court-ordered pajama party ever! Yay!’

* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]

* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]

* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]

* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]

* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business]

* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]

* Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]

* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]

Maybe people in Mississippi should watch this to figure out why the Voting Rights Act is still important.

My mother was born in 1950 in Mississippi. I’ve been to Mississippi. There are still brothers trying to escape to freedom from Mississippi.

Today the big story (at least in liberal circles) is that Mississippi finally officially ratified the Thirteenth Amendment, after two Ole Miss employees saw the movie Lincoln and decided to look into why their state hadn’t officially ratified the amendment. You can’t make that up: Mississippi needed a Spielberg movie to remind them to ratify the amendment banning slavery. I can’t wait till Mississippi sends an expedition to Isla Nublar to check into this whole “dinosaur situation” “Jesus Horse situation.”

You can see why liberals love this story. It’s the perfect deep south story: a tradition of holding people in bondage, slow response times, and incompetence.

And I’d leave it at that.

Except that as the Supreme Court gears up to eviscerate the pre-clearance requirements of the Voting Rights Act, it’s important to remember that not all states are created equal….

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‘That’s just our special sauce!’

* Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

* It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

* Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

* Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

* Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

* “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

* Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

* Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

* Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

I’m all for holding people accountable for their racist behavior.

But I also love children. I love allowing children to behave like children — nasty, violent children. Adults can be expected to behave with appropriate decorum, but you have to cut kids a little slack.

So what happens when an alleged racist I’m prone to hate happens to also be an alleged bully that I usually defend (from criminal prosecution)?

I’m not sure, but I’m not at all surprised that the state of New Jersey is where we find today’s moral quandary….

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Judge Lynn N. Hughes

Being a federal judge is like being a professional boxer: you have to know when it’s time to hang up the robe. (Yes, pare, I’m talking to you, Congressman Pacquiao.)

How does a federal judge know when it’s time to retire (not just senior status, but complete and total retirement)? Well, how about when he starts making bizarre, offensive, and racially charged comments — on the record?

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Yesterday, in addition to being Inauguration Day, was Martin Luther King Jr. Day. We suggested that people use the holiday to engage in public service.

Unfortunately, not everyone got the memo. At one leading law school, someone used the three-day weekend to vandalize the office of an LGBT student group.

We’ll show you a photo of the hateful graffiti. Warning: it’s pretty extreme and explicit….

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The Colonel says ‘leave me out of this.’

We now have judicial notice that making jokes about the president and fried chicken is probably racist.

Granted, “all these years, I thought I liked chicken because it was delicious.” But living up north, it’s pretty well-established that suggesting black people have a predisposition for eating chicken is prima facie racist and likely to start a fight. That’s not because I’m “sensitive” or “playing the race card.” It’s because generalizing about the foods black people eat has been used as a tool for racial stigmatization for a long time in this country.

That history somehow escaped Judge Lynn Hughes.

We’ve written about Hughes before. He’s a guy who can throw a benchslap. He’s also a guy who has been described as “[u]nquestionably the single worst judge in the Southern District of Texas” on The Robing Room (where lawyers can post anonymously about judges).

But one of his flippant remarks to an African-American plaintiff drew the ire of the Fifth Circuit, even as they were affirming his ultimate result.

You know that you have strayed a little too far from the flock when the Fifth Circuit (Texas, Louisiana, and Mississippi) is schooling you on racial sensitivity….

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* Wait, are we really going to have to debate the legal merits of this platinum coin thing? Really? Can’t Congress just not hold the country hostage so we don’t have to start messing around with crazy coins and the Fourteenth Amendment? Like, you don’t have to start doing bats**t crazy Carrie Mathison things if you don’t let terrorists take Nicholas Brody in the first place. [The Volokh Conspiracy]

* There was another school shooting today. It just makes you wonder if the terrible reign ushered in by Grand Theft Auto will ever end. At least, in this case, the teacher was armed to the teeth WITH WORDS to TALK DOWN the shooter. [Huffington Post]

* “Illegal” trades don’t mean the same thing to bankers as they do to everybody else. Well, that’s not true. Maybe the disconnect is more with the word “consequences.” [Dealbreaker]

* Yeah, I’m going to go on and say that I’m not going to believe anything coming out of the Trayvon Martin police report. Just like I wasn’t considering anything coming out of racist ass Mark Fuhrman. [Tampa Bay Times]

* There’s a lot to lose if Section 5 of the Voting Rights Act gets struck down. [Slate]

* I suppose it’s good that lawyers don’t have “I’m going to do a half-assed job here” fees. [Underdog]

I must confess to having a tin ear when it comes to issues of race. My view on racial issues is like my view on sports: What’s the big deal? Why does everyone care so much?

Perhaps it’s because I’m Asian; we tend to be bystanders as African-Americans and whites yell at each other. Perhaps it’s because I’m Filipino-American; we are total mutts a very hybrid people. Not to go all Fauxcahontas on you, but according to my (not genealogically verified) family lore, I have Malay, Chinese, Spanish, British, and Czech ancestry.

And thanks to the rise of intermarriage in the United States, my kind of ethnic hybridity is the wave of the future. In fifty or 100 or 150 years, more people will have my blasé attitude about race because “race” as a concept will be so much less salient. To tweak the famous words of Chief Justice John Roberts, “The way to stop discrimination on the basis of race is to intermarry so much so that nobody knows what race anybody else is.”

In the meantime, though, there’s plenty of racial tension to go around. Today we bring you allegations of racism at a law school, countered by allegations of playing the race card (i.e., crying racism in bad faith or without sufficient proof).

Let’s take a look at the latest heated controversy, taking place at a top law school….

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We’ve previously covered the departure of Paul Schiff Berman as dean of George Washington University Law School. There was a lot of intrigue regarding Dean Berman’s departure.

Now it appears that the decision on Dean Berman’s replacement is also steeped in controversy. Today, GW Law named Professor Gregory Maggs as its interim dean. In so doing, the school passed over their Senior Associate Dean, Christopher Bracey. Instead of promoting Bracey into the interim dean position, he’ll stay on at GW, under Maggs.

This seems like a good time to point out that Maggs is white and Bracey is black.

And so let’s play our game, because a member of the GW Law Faculty, who is also black, had a real problem with the decision to pass over Bracey. She called it “not the law school’s finest hour” in a message to the entire faculty. And then she subtly told another faculty member to go jump in a lake.

Fun times….

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