Judge Fullam is a very experienced and hard working jurist and he has devoted decades of service to the federal bench. Nothing we have said in this opinion should detract from that. However, neither this court, nor any other court, can tolerate a situation where a judge decides to follow his/her own custom and concepts of justice rather than the precedent of the applicable appellate court or the United States Supreme Court. Ours is a nation of laws, not judges.
- Ann Althouse, Birthdays, Blogging, Free Speech, Kids, Non-Sequiturs, Old People, Ruth Bader Ginsburg
* 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]
* 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….
Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon.
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.
Then you enter the bubble…
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…
I overuse the words “horrifying” and “terrifying.” Most people do, but I blog, so I probably do it more than most.
But this right here, this is truly horrifying. This is something out of the movie Seven. I’m going to have nightmares over this. And now, so will you.
Let’s check out the allegations….
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….