Florida’s “stand your ground” law has received a lot of attention this week as people struggle to understand how a teenager named Trayvon Martin, armed with Skittles, was gunned down in the street. The FBI, the Justice Department, and a Florida grand jury are now all investigating the incident where Martin’s killer, George Zimmerman, claims he was acting in self-defense.
I don’t want to get into the racial aspect of the instant situation — mainly because it’s too obvious. Don’t get me started on what the police would have done if a black man shot a white teenager to death and claimed he was standing his ground. It’s not even worth debating.
But even if race played a role here, it doesn’t mean a prosecutable crime took place. As many now know, that’s because Florida’s “stand your ground” law does not require people to retreat, even if they can do so safely.
Sure, “real men” don’t run. You can’t find a culture on Earth where running away is “honorable.” But in light of what’s happened with these laws on the books, do they really make sense? Is the enforcement of these laws racially prejudiced? Do “stand your ground” laws really just make it open season on black youths who might “scare” prejudiced people who incorrectly think they’re in danger of their lives?
I think so, but at least that’s a position where reasonable people will disagree….
Litigation against law firms: it’s all the rage right now. Earlier this week, Sara Randazzo of Am Law Daily did a round-up of over a dozen lawsuits in which law firms have been named as defendants.
Such lawsuits come, and such lawsuits go. Let’s look at the “going” side of the ledger. A federal judge just dismissed the high-profile lawsuit filed by Yolanda Young — a pundit, published memoirist (affiliate link), and Georgetown-trained lawyer, as noted on her website bio — against the elite D.C. law firm of Covington & Burling….
For the first black president, Barack Obama doesn’t really talk a lot about race. People talk about his race all the time, and once again it’ll be a critical factor in the campaign, but the president himself doesn’t often wade into racial controversies.
But the excellent people at Buzzfeed have hopped into the waaaay-back machine and uncovered video of Obama speaking eloquently about a racial controversy while he was president of the Harvard Law Review.
It’s a fun video, not just because of the content, but because it turns out that 20 years ago, Obama sounded exactly the same.
And as Huffington Post reporter Mike Sacks just gchatted me (and tweeted), Obama did this one without a teleprompter…
There’s something special about racism that comes out of Cambridge. I can’t quite put my finger on it, but it’s almost like a stylized racism. Like, if it happened at Duke you’d just say “racism at Duke,” but when it happens at Harvard, you feel like saying, “A racial hypothetical puzzles the HLS community; stay tuned to see which professor makes it worse.”
Today we’ve got another weird racial story covered in crimson. It’s set against the backdrop of the student government elections at Harvard Law School that may take place later today — an event that I can’t imagine more than ten people on campus truly care about. But there are minority-on-minority accusations of racism, and the one white guy is just running to prove that he shouldn’t be allowed to run.
And, clear as I can tell, the catalyst was one breathless Harvard Law School Record article that kind of threw around allegations of racism just for the heck of it.
Are we going to tell you a little bit about the issues, so you can then vote on Above the Law for the next SBA president at HLS, in the hope that your votes might influence the election? Of course we are!
Montana Chief Judge Richard Cebull started the first day of the rest of his life today. The judge who sent around a racist and sexist email about Barack Obama and the president’s dead mother started the “damage control” process that will never really end.
Richard Cebull could emancipate slaves and everybody would still know he’s a racist. Obviously, his family and friends already knew he was racist, but now the general public gets to know. There’s nothing for it now. Whether or not he will still be allowed to have a job is pretty much all he can fight for.
And he is: he’s voluntarily asked the Ninth Circuit to review his conduct. And he’s written a letter of apology to President Obama — who is rapidly on his way to becoming the most poorly treated president in American history (even though the last one was openly thought to be mentally retarded, and the one before that was impeached for getting a BJ).
But we’ll get to all that. First, free of charge, I’m going to slow down long enough let everybody catch up to why the original letter was racist, and why sending the thing makes Cebull a racist, too….
Is it right for a law school to send its students to tolerance camp? Mandatory tolerance camp? Mandatory tolerance camp, where unexcused absences will result in an intolerant notation placed in students’ permanent records?
When I came across the story of a state law school holding a “mandatory” diversity seminar that students were required to attend, my first instinct was to side with the students who objected to the required nature of the program. Generally, I’m not a fan of forcing people to be nice to each other, and you can’t force a man to change what’s in his heart. If students want to be racist or prejudiced to others in their community, that’s something that may demand an institutional response. But if some kids don’t think they’ll benefit much from “diversity training,” whatever that means, so be it.
But when the ABA’s committee on accreditation is telling law school administrators that the student body needs to work on its racial sensitivity, well, you can see how the law school is in a bit of a bind…
Back in 2009, we wrote about a Title VII suit that a former associate filed against Mayer Brown. To make a long story short (read our prior posts for the full background), Venus Yvette Springs, an African American woman, alleges that the firm discriminated against her because of her race, and eventually fired her in 2008 during the height of layoff season.
Springs filed her complaint against the Biglaw firm more than two and a half years ago, and in the time since, both parties have filed lengthy motions for summary judgment. Springs, who apparently had some time on her hands, also filed a lawsuit against Ally Financial, claiming that she was wrongfully terminated in retaliation for her suit against Mayer Brown.
On Friday, a federal judge ruled on the motions, and we’ve finally got an update. Will this discrimination suit be allowed to proceed?
If this guy wins the Republican nomination, we can agree that the Tea Party was totally overhyped, right?
* So, just so we’re all clear, Republicans running for President are no longer on board with the Voting Rights Act. Happy Martin Luther King Day. [Election Law Blog]
* It’s not like there are no more voting issues where we might want to have federal oversight of state laws that affect the electoral power of minorities in states that have been historically opposed to such things. For instance, where do your prisoners live for the purposes of redistricting? [New York Times]
* I’ll tell you what happens in a world where college kids can “major” in law and take the bar, yet law schools still exist: law schools will continue to operate as they have been, and “law majors” will be the new “must get” credentials for paralegals. [WSJ Law Blog]
* Every time I ask this question, I feel like a horrible person. But it’s a legitimate question: what are the legal ramifications when a race car driver dies while performing a sport that is only interesting because there’s a chance somebody will die? [Legal Blitz]
* Why won’t Mitt Romney show us his taxes? We just want to be envious, Mittens! Feed our envy. [Going Concern]
* I think I should be nominated for this public interest award. Nobody has done more to prevent lawyers from being taken advantage of than me. [American Constitution Society]
* Breaking down the Joe Paterno interview. [Atlantic]
* Now these are some guys that believe in the gold standard. [MyFoxDC]
* As Copyranter said when he emailed this link about the iPoo: “C&D coming in 3, 2, 1…” [Copyranter]
Johnathan Perkins was the then-3L at UVA Law who confessed to fabricating a tale of racial harassment by university police. As a result of his dishonesty, did he have to go before UVA’s famously strict Honor Committee? Did he end up getting his law degree? There was some ambiguity over whether he would graduate.
We have an update, based on a statement from the dean of the law school….
Our latest grammar poll pertains to usage, but it has a political component to it as well. It touches on hot-button issues like affirmative action and racial preferences, about which our readers have passionate opinions.
The question, in a nutshell: What does it mean to be a “diverse” individual?
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
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.