After the U.S. Supreme Court denied the petitions for certiorari in several leading same-sex marriage cases this week, media coverage exploded with headlines like “Legal Argument Over Gay Marriage Is All But Over.” Advocates of LGBT rights seemed to view all future court action as a mere victory lap. Sarah Warbelow, the legal director for the Human Rights Campaign, told the press, “It’s really hard to imagine the Supreme Court would have allowed thousands of same-sex couples to get married, including in some very conservative areas like Utah, and then turn around and say, ‘Just kidding, there’s nothing wrong with state bans.'”
Warbelow deserves some slack for her sanguine interpretation of this week’s news. After all, she has a cause to promote. And as a general rule, when SCOTUS declines to hear a case on a particular question, one might reasonably assume that they aren’t concerned with correcting the lower court’s treatment of the issue. But this is hardly a routine legal matter. Nothing emanating from First Street this week made the fate of same-sex marriage in America certain. So, why are so many other observers acting as though the Court just handed the LGBT community a gift box of equal rights, neatly wrapped in denied cert petitions? Why is there so much denial about what these cert denials mean?
* Before They Were Famous: Newly released documents reveal a pre-SCOTUS Justice Kagan writing memos admitting that she “really f**ked up” and “God, do I feel like an idiot.” At least she understood how she made her 1L class feel when she was a professor. [Josh Blackman's Blog]
* How do we know that driverless cars are going to be wonderful for human society? Because they will be absolutely horrible for lawyers and insurers. [Legal Funding Central]
* This guy explains what everyone should understand before going to law school by walking through his decision to not to go to law school despite gaining admission to some T14 heavies. He gives ATL a shout. We hear you buddy, congratulations on your decision. [Chronicle Vitae]
* A Delaware attorney sued for allegedly aiding and abetting a fraudulent emerald salvage operation. Kind of “X marks the disbarment.” [Delaware Online]
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Megan Grandinetti challenges busy lawyers to practice positivity.
A few years ago, I was buried in work and traveling for business. I ran into a friend of mine on a train in Philly, and he spent the next hour listening to (a) how many hours I worked, (b) how much I hated what I was working on, and (c) how the people at my Biglaw firm had zero regard for my personal life (wait a second, WHAT personal life?). I remember being fairly detached and casual as I was talking about all of this (I did NOT burst into tears, per usual), but years later, my friend told me that after that conversation, he had put me on “suicide watch.”
About a year after the suicide watch train incident, I realized that I had become a person that I didn’t recognize: a whiny, angry, sad person who only saw the negative in everything. I decided to do a 40-day challenge, during which I gave up complaining. That’s right, I stopped complaining for 40 days.
To have all of this happen in such a safe and nice community, it’s just very shocking.
– Rena Karle of Abeles & Karle PLLC, a law firm located in Volusia County, Florida, commenting on a bizarre break-in that occurred at the office. Items stolen ranged from computer towers and monitors to Halloween candy and a Bible. Karle also noted that the floor, walls, and ceilings were covered in “some kind of white sticky goo.” Damages as a result of the break-in at the law firm have been assessed at $100,000 to $150,000 thus far.
In December, Steven Wise, founder and president of the Nonhuman Rights Project, filed writs of habeas corpus on behalf of four chimpanzees he believed were wrongfully detained. Some scoffed at the idea — quips like “the law is going to the apes” or something about “appeals” and “banana peels” — but the facts were pretty bleak. One of the chimps, Tommy, is 26 years old and allegedly reduced to a life in “solitary confinement in a small, dank, cement cage in a cavernous dark shed” in upstate New York. Can you imagine more horrific conditions than upstate New York?
Seriously though, Tommy’s life sounds awful and a New York judge agreed. While admitting that he was unable to grant the order since, you know, the law doesn’t talk about chimps, Judge Joseph Sise conceded that Wise made a compelling argument. Yesterday, a five-member appellate panel heard Tommy’s case and depending on how they rule, they might just make a monkey out of Judge Sise. Is New York on the brink of a revolution in animal law?
Not to get all originalist, but isn’t “government collecting evidence at random based on vague suspicion” exactly the scenario that the Framers of the Bill of Rights feared? Liberals — or at least liberals outside the White House — generally agree on this. Even conservatives are on board with this one. However, there is an alternative view. It may be too clever by half, but maybe the collection of phone data wasn’t really a search or seizure? Maybe it’s a “reasonable” search?
Some very smart people try to make the case that gobbling up phone data on all of us isn’t really a constitutional case. Let’s see if they convince you…
It’s that time of year again. Disregarding the fact that there are 204 law schools that are currently accredited, either fully or provisionally, by the American Bar Association, the Princeton Review has released its annual law school ranking which covers only the best 169 law schools. Our condolences to the 35 law schools that were left in the dust — per the Princeton Review, you suck.
Once again, we decided to focus on one of the 11 rankings categories that we thought people would be the most interested in: the law schools where graduates have the best career prospects. Before digging in, you should be aware that here, “career prospects” means a law graduate’s ability to get a job — any kind of job — period. Perhaps the Princeton Review ought to consider changing its methodology to include data people actually care about, like whether these law schools are helping their graduates become lawyers.
There was quite a shake-up in the rankings this year. Did your law school make the cut?
Social acceptance of gay marriage in the United States is often compared to social acceptance of interracial marriage. However, while interracial marriage was completely legal by 1967, majority approval of interracial marriage did not take hold until the 1990s. How does popular opinion of gay marriage today compare with the current legal status of gay marriage?
The genius at xkcd demonstrates how popular approval and legal status don’t always neatly track one another…
Oh, “How To Get Away With Murder,” I just can’t quit you. Earlier this week, I was resolved that the legal inaccuracies were too great to continue watching, but here I am again on a Thursday night. Sure, this time I’ve had the foresight to arm myself with a bottle of whiskey I’m mixing with haterade. But the internet is vast and there are recapsaplenty, so I am focusing on the legal inaccuracies — actually that could turn into a treatise, so let’s just focus on the big whoppers.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
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.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: