Minority Issues

Over the holiday weekend, there’s been a lot of activity surrounding the racist law firm advertisement we wrote about on Wednesday. First, the firm’s Facebook page declared that the firm was the victim of hacking and that they absolutely did not sanction the ad for their firm posted on YouTube.

Then the head of the production company who posted the ad — and who employs the stereotypical character in multiple ads — wrote a missive swearing that it was hired by the firm and that they provided the script. The production company is also butthurt that Above the Law labeled the ad racist, even though the YouTube post openly trolls viewers to lighten up about its content. I wonder why they’d expect people to be up in arms over their content. Certainly not because they expect people to think it’s racist.

Now the law firm has sent us a direct statement, and this whole tale is super-crazy…

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Justice Ginsburg: a full-service wedding provider.

Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.

* Even in a post-nuclear world, Republicans can still block certain judicial nominees. [New York Times]

* A prominent Toronto lawyer has gone missing — and so, allegedly, has $3 million in client trust funds. [Toronto Star]

* Dewey see legal fees in the future for Stephen DiCarmine and Joel Sanders? Well, multimillion-dollar lawsuits won’t dismiss themselves. [Wall Street Journal (sub. req.); Law360 (sub. req.)]

* Congratulations to Matthew Layton, the new managing partner of Clifford Chance. [The Lawyer]

* And congratulations to Ralph Pellecchio and Jim Wernz, who were married by none other than Justice Ruth Bader Ginsburg — who even helped them write their vows. [Talking Points Memo]

Harry Potter: guilty!

* Sure, let’s have the whole “is now a good time to go to law school?” debate again. [WSJ Law Blog]

* Especially if you’re a minority, since white people are losing interest in law school. [Am Law Daily]

* Congress can’t even get its act together about real guns, so perhaps it’s no surprise that limits on fake guns are set to expire soon. [New York Times]

* Harry Potter was convicted of obstruction of justice. Just because you’re a wizard doesn’t mean you’re above the law. [Daily Utah Chronicle]

What the hell is this?

Well, I’ll tell you what it purports to be. It purports to be an advertisement for a personal injury law firm. Therefore, you’d expect it to have a bunch of testimonials from downtrodden people whose suffering is slightly eased by the BIG CASH AWARD that the law firm helped them secure. Then we’d see a pair of attorneys sitting on a desk in front of a bunch of law reporters swearing that they “will fight for you” with all the inflection and passion that Stephen Hawking would give that line read. It’s a pretty simple formula. The ads are always terrible, but they’re safe. And if you’re going to take a risk, try to make an awesome ad like this one.

Or you could just hurl racist imagery at us with the production values of a public access program….

(Please note the UPDATES added below.)

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Because if you are, you might be a douche. The ATL gang didn’t all agree on how to respond to the story of students at UCLA Law donning Team Sander shirts and decided to record their real-time reactions to the story.

Was it intentionally racist? Unintentionally racist? Is unintentional racism even worse than intentional racism because of how it tries to excuse itself? Is UCLA Law racist for employing this guy?

Or are these guys just dumb jocks?

Earlier: Racists’ T-Shirts On Campus? Only If You Bother To Think About It

My colleagues think that there are going to be some law students who didn’t know that the t-shirts they were wearing were offensive to some of their African-American classmates, and when they find out they’ve caused offense they’re going to be all sorry. I think that people knew exactly what they were doing with their offensive shirts and, at best, you’ll hear some after-the-fact rationalization from students who claim to be just stupid enough to “not even see race.” And of course they’ll be some who don’t even think these t-shirts are offensive at all, because why would evidence that minorities were offended matter to people who don’t care about black people? So this is going to be a really fun post.

You see, it’s a subtle thing. A few students wore t-shirts emblazoned with the image of one of their professors. And it’s not like the professor is David Duke. Hell, he’s employed by a respected law school, so at least some people think the professor isn’t intolerably racist. Just not black people….

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A tried and true trope of conservatives faced with the grim outcomes of their cockamamie schemes is to attempt to shame everyone into ignoring the human cost of their policies — ironically — out of respect for the people hurt. Something horrible happened, but it’s unseemly to try to explore why it happened, just sit back and let the moment pass and enjoy some bread and circuses until you forget.

We’ve seen it countless times before. It’s rhetorical standard operating procedure. After Sandy Hook, the usual suspects from Senator Rand Paul to the Washington Times decried the “cruel” and “shameful” “exploitation” involved in pointing out that putting military assault rifles on the street makes it easy for someone to kill a lot of kids very quickly. The tactic worked as it always does and time passed, people forgot, and nothing happened. It was only a week ago that Senator Ted Cruz suggested it was disrespectful of Trayvon Martin’s mother to lobby for changes based on her son’s death. I guess it was disrespectful to… Cruz? One would have thought his mom would be the right barometer of how to honor her son.

Now this trope is the subject of Tamara Tabo’s criticism of my article yesterday regarding the recent shooting of Renisha McBride because I noted the uptick in the “shoot first” culture brought on by Stand Your Ground laws (regardless of the fact that the law isn’t technically at play here).

Let’s unpack this and also look at some other misdirection being flung my way, shall we?

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As Joe wrote yesterday, a 19-year-old Detroit woman named Renisha McBride was fatally shot last weekend on the porch of a Dearborn Heights home. Her death has received national media attention because of the speculation that, as Joe put it, it follows “the same basic pattern of an African-American in a predominantly white neighborhood at night running afoul of a gun-toting homeowner.”

The family members of Renisha McBride issued a press statement last night asking for peace while they mourn and promising to meet with activist groups after Renisha’s funeral. The funeral is scheduled for today at 10 a.m.

Authorities have slowly released details related to the young woman’s death. Some of these details match the statements made by Renisha’s family. Some do not.

Before leapfrogging over the specifics of Renisha’s case and launching a politically motivated rant, let’s look at what we do and don’t know about the tragedy that occurred on that Dearborn Heights porch. If Renisha McBride is more than a political prop, she deserves at least that much . . . .

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So it’s happened again. Another state, another neighborhood, another young black person shot to death by someone based on a loose, subjective “fear.” This time it’s Michigan, and it’s a young woman instead of a teenage boy, but otherwise it’s the same basic pattern of an African-American in a predominately white neighborhood at night running afoul of a gun-toting homeowner.

There will be a lot of wailing and gnashing of teeth over the prevalence of “Stand Your Ground” laws (which Michigan boasts), followed by the equal and opposite reaction loudly pointing out that Stand Your Ground doesn’t apply to this particular case (which it doesn’t).

However, while what happened in Michigan may not invoke the state’s Stand Your Ground law, the existence and high-profile nature of laws that lower the standard for legally forgivable gunplay has everything to do with what happened in Michigan…

double red triangle arrows Continue reading “Another Black Teenager Shot Dead — Is ‘Stand Your Ground’ To Blame?”

Judge Shira Scheindlin is no Jonathan Martin. When the Second Circuit bullied her off the stop-and-frisk case, she didn’t run crying to her parents. Instead, she’s standing up to the Second Circuit, appealing its ruling that she was improperly biased. She notes that the Second Circuit kicked her off the case sua sponte, without giving her any opportunity to defend or explain herself.

It’s funny… Scheindlin is basically arguing that she got stop-and-frisked by the appellate court. She was walking along, judging her own business, but the Second Circuit jumped to conclusions based on her appearance.

Unfortunately, in my experience, telling the people who stop-and-frisked you that they jumped to a conclusion without probable cause usually doesn’t go well…

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A lawyer’s letter, properly written, can be a thing of beauty. In recent months, we’ve shared with you a very funny settlement offer letter, an epic response to a cease-and-desist letter, and another C&D response that laid the smackdown on a top Biglaw firm.

But sometimes snarky letters miss the mark. Take this prospective law student’s response to a rejection letter. Some readers appreciated it, but many others (myself included) felt it went too far.

A fine line separates wit and obnoxiousness. And reasonable minds can disagree on whether a given letter embodies the former or the latter.

We recently got our hands on an amazing lawyer’s letter out of Los Angeles. It was written a while ago, but it’s only making the rounds now. What do you make of it?

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