* The town of Sedgwick, Maine, has declared “food sovereignty,” giving its citizens the right “to produce, process, sell, purchase, and consume local foods of their choosing,” without regard to state or federal law. Preemption? The Supremacy Clause? Eat it. [Food Renegade]
* Speaking of chaos, Wisconsin law professor Ann Althouse wonders: “Who will win and who will lose in the recall madness?” [Althouse]
* Elsewhere in the Midwest, a blogger who didn’t commit defamation is nevertheless held liable under alternative theories that media law professor Jane Kirtley describes as “trash torts.” We no like. [Minneapolis Star-Tribune via Consumerist]
Ruth Bader Ginsburg: birthday girl.
* A young couple that has been fined for their noisy kid might take legal action against their homeowners’ association. Do they have a toddler’s leg to stand on? [MyFoxDFW.com]
* Happy Birthday, Justice Ginsburg! You don’t look a day over 78. [Vault]
* We previously mentioned the ATL contest for NCAA picks — click here, join the group “Above the Law Blog” with the password “abovethelaw”, and fill out a bracket — but we also encourage you to join the Dealbreaker contest (which has much nicer prizes). [Dealbreaker]
You don’t see this everyday. Raymond Carey, a 57-year-old white male partner at Foley & Lardner, is suing the firm, alleging that it paid him less than it would have paid a “female, non-Caucasian, younger partner.”
Sadly, it appears the only evidence Carey has for his claims is that he wasn’t paid as much as he feels he was promised. That’s disappointing. When women, gays, or minorities make discrimination claims, there are usually juicy tidbits about inappropriate jokes and statements made to the alleged victim. But I just read through a 63-page complaint and there wasn’t a single alleged “cracker” joke. Apparently nobody at Foley told Carey he needed to show “more bulge.”
But hey, if the brother’s not getting paid as much as other people in his office, maybe he has a point. And even if you don’t find the complaint particularly salacious, one of Carey’s attached exhibits is the Foley & Lardner partnership agreement….
My client was sitting at her desk, drafting a complicated, rushed memo. The topic was an obscure derivative. She’d worked all weekend, then come in again early. Her head hurt. It was due at 5 p.m. She could barely focus and was feeling panicked. It was 4 p.m.
The phone rang. Not thinking, she picked up and barked her last name, sharply, like the partner she worked for did.
It was her ninety-two-year-old grandmother.
“How are you, Sweetheart?”
My client couldn’t stop crying.
“All she did was ask how I was,” she told me. “That’s all it took. I fell apart.”
When you enter the world of Biglaw, you pass through a ritual of initiation – LSAT, law school, bar exam, interviews.
Confucius say: "Sit down and watch my home video of my Carnival cruise or I'll sue you."
Chinese New Year is this week (February 3rd). May the year of the rabbit bring you health and good fortune. Holiday preparations are well underway, and hopefully people will take the time to reconnect with family and friends.
And if you don’t visit your parents, they might sue you. A new proposal from the Chinese Civil Affairs Ministry seeks to mandate parental visits from Chinese children. And if the children don’t regularly visit their parents, the parents can sue.
We shouldn’t look at this as a new law: it’s just a modern update on an ancient law. Old people have long tried to find ways of forcing their kids to pay attention to them. Some societies use laws, others use the magical threat of eternal damnation. Some parents merely trust that their own skills in psychological torture will keep the kiddies hanging around on the off chance that one day mommy or daddy will be “proud” of them.
But as modern medicine artificially extends life, every society is wrestling with the problem of what to do with old people nobody cares about anymore. China has a long history of trying to regulate the most intimate of familial interactions, so when you think about it, this proposal isn’t really shocking…
When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call “Mary,” would negotiate over the phone with Ninth Circuit judges over how particular cases should come out — a responsibility well beyond the legal research and opinion drafting done by most clerks.
On one occasion, a vote on whether to rehear a case en banc emanated not from the judge’s chambers account, but from Mary’s personal email account. Even more embarrassingly, it was written not on behalf of the judge or the chambers, but in the first person: “I vote YES to rehearing en banc.” A law school classmate of mine who was also clerking for the Ninth that year remarked, “I thought only judges did that. When did Mary get her presidential commission?”
Some of us jokingly referred to that chambers as Weekend at Judgie’s. What appeared to be going on over there reminded us of Justice Thurgood Marshall’s famous quip to his clerks: “If I die, prop me up and keep voting!”
We joked about this delegation of Article III authority to a newly minted law school graduate. But as Joseph Goldstein suggests, in a very interesting article just published by Slate and ProPublica, the issue of superannuated jurists is no laughing matter….
Please note the headline says “new” evidence. It does not say “good” or “credible” or “definitive” evidence. That’s because the evidence doesn’t really fall into any of those categories. In fact, the headline could have read “F. Lee Bailey Evades Caretakers, Gets to Internet Before Somebody Stops Him.”
But whatever, former Dream Team (and now disbarred) lawyer F. Lee Bailey says he can tell us things about O.J. Simpson that we didn’t know before, things that make O.J. look innocent. And Bailey says that this evidence was not used during O.J.’s trial because of a strategic mistake by the late Johnnie Cochran. That’s right, if Cochran would have just done what Bailey wanted, O.J. Simpson could have been more acquitted! Or something.
Let’s look at what Bailey has to say. It’s one of those things that makes me happy we have “the internet”…
Late last night, Congress passed a compromise tax bill that will, among other things, cap the estate tax at 35% (with a $5 million exemption). If not for this compromise, the estate tax would have returned in 2011, at rates as high as 55 percent (with a $1 million exemption).
Hallelujah. Anytime you can save wealthy dead people millions of dollars during a time of crushing federal deficits, that’s something you just have to do. Way to go, Obama. When I voted for you in 2008, really I was just trying to vote for four more years of Bush’s ruinous fiscal policies.
Obama isn’t just saving money for all the dauphins eager to get their hands on their inheritances; he could be saving lives. Duke Law professor Richard Schmalbeck apparently thinks that rich old people might have killed themselves in droves over the next two weeks. Schmalbeck suggests that after spending a lifetime working hard and earning money, hundreds “or even a few thousand” of the aging rich might have committed suicide in the waning days of 2010, in order to pass on as much of their money to their children as they can before the estate tax returns in 2011.
I shudder to think that somebody would commodify their own life in such a way. But then again, I’m not rich. Maybe you only get rich in this country by being the kind of person who would gladly kill yourself if the price is right…
Pure lunacy is on display today in the Dear Prudence column on Slate. A prospective law student is set to take the December administration of the LSAT. But his or her grandmother — for ease of reference, I’ll use the male pronoun throughout this post — recently lost a battle with Alzheimer’s. Hence this question to Prudence (from questioner “Funerals and Such”):
I lost my grandmother yesterday, and I am devastated as we were very close. She had Alzheimer’s for years, and I made my peace with this some time ago. My family has planned the funeral for Saturday.
Here is the problem: My LSAT is Saturday, and I have waited for years for an opportunity to pursue law school. (I am near 30.) I told my mom that I couldn’t make the funeral because I cannot reschedule the LSAT, and she was furious! I have been on the phone with the LSAT people all morning, pleading to reschedule. No luck. Mom has informed me that she and my family are really disappointed with me, and I need to be at the funeral in order to pay my respects.
I don’t want to disappoint my family, but I have waited my entire life for this chance at law school, and I don’t want to give it up now. Additionally, if I don’t take the LSAT on Saturday, I will miss the opportunity to take it again in February (possible surgery), and I can kiss law school for next fall goodbye!
Yeah, this fellow is trying to decide between taking the LSAT or honoring his dead grandmother, and it’s apparently an open question. He’s going to make an excellent Biglaw attorney someday.
In the meantime, Prudence and I disagree about the appropriate response….
I don’t remember the moment I first learned how to wipe my ass without hurting myself. I don’t think I received a special present or accolade for that momentous life event. But perhaps my parents did take notice in this way:
MOM: Our little boy just successfully wiped himself without incident!
DAD: Good. Maybe you were right when you prevented me from taking him out back and shooting him.
The point is that successfully using toilet paper is a basic skill in civilized society. If you have an accident while administering toilet paper to yourself, it’s the kind of thing you really want to keep to yourself.
Unless, of course, you think you can get money out of the mishap. America baby, the only place where hurting yourself while performing basic hygienic practices can lead to a tort payday.
A Michigan woman broke her hand while trying to get toilet paper out of a dispenser in a restaurant bathroom. And now the Michigan Supreme Court has ruled that her case can be presented to a jury….
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
Watch to find out what some of our subscribers received in their May box!
The proper hair styling product might just be the only thing standing between you and your dream job. And the best way to find what works for you is to try the best stuff on the market. Join Birchbox Man for $20 a month and you’ll get customized shipments of the best grooming and lifestyle gear on the market every month—everything from haircare and shaving supplies to style accessories and tech gadgets.
As the leading discovery commerce platform, Birchbox is redefining the retail process by offering consumers a unique and personalized way to discover, learn about, and shop the best grooming and lifestyle products out there. It’s a full 360-degree process: try, learn, buy. Once you sign up and fill out your profile, head over to Birchbox Man’s online magazine to find article and video tutorials on how to get the most out your monthly box products. Pick up full-size versions of anything you like in the Birchbox Shop and earn points for every purchase.
The traditional job application and interview process can be impersonal, and applicants often struggle to present themselves as more than just the sum of their GPAs, alma maters, and previous work history. ATL has partnered with ViewYou to help job seekers overcome this challenge. ViewYou NOW Profiles offer a unique way for job seekers to make a personal, memorable connection with prospective employers: introduction videos. These videos allow job candidates to display their personalities, interpersonal skills, and professional interests, creating an eDossier to brand themselves to potential employers all over the world. Check it out today!