Professor Chua seems to have it all: brains and beauty; an incredible academic career, with an endowed chair at Yale Law School; a hunky husband, fellow YLS prof Jed Rubenfeld; and two lovely and accomplished daughters. (Speaking of Chua’s kids, does anyone know where her oldest girl, Sophia Chua-Rubenfeld, is attending, or applying to attend, college? To Asian parents, sending a child to a top college is the ultimate vindication.)
But Amy Chua may need to work on her bitch-goddess qualities. After her controversial essay about the superiority of Chinese mothers and hard-ass Asian parenting set the blogosphere on fire — and sent her book rocketing to #5 on the Amazon bestseller list — Chua backtracked a bit, instead of defiantly standing her ground.
Fun news CAN break over a holiday weekend. Check out this Times article (by the indefatigable Adam Liptak, a Yale Law School alum):
A divided panel of the [exceedingly powerful] United States Court of Appeals for the District of Columbia Circuit, which will soon decide an important case concerning detainees at Guantánamo Bay, Cuba, rejected a friend-of-the-court brief submitted in the case by [seven] retired [federal] judges. Two former chief judges of the court were among those rebuffed.
The unsigned majority decision, for Judges David B. Sentelle and A. Raymond Randolph, said the brief violated a 1982 advisory opinion from a committee of the Judicial Conference of the United States, which is the administrative and policy-making body of the federal court system.
“Judges should insure that the title ‘judge’ is not used in the courtroom or in papers involved in litigation before them to designate a former judge,” the advisory opinion said.
Translation: :”Former judges, you’re not such hot s***. You’re nothing but lawyers with frustrated gavel fetishes.”
The brief was rejected over the dissent of Judge Judith Rogers:
Judge Judith W. Rogers dissented. She said the 1982 advisory opinion was meant to address situations in which former judges acting as lawyers are referred to by the honorific title “Judge.” That practice, if allowed in court, could improperly influence juries, confuse people and make parties to lawsuits lose confidence in the judicial system.
But the situation here, with former judges submitting an appellate brief on their own behalf and with the government’s consent, is different, Judge Rogers wrote. “Indeed, denying the unopposed motion for leave to file may itself create an appearance of partiality,” she wrote.
Liptak points out that (1) Judge Sentelle and Judge Randolph, the judges in the majority, were appointed by Republicans (Reagan and Bush I, respectively); (2) Judge Rogers is a Clinton appointee; and (3) two of the former D.C. Circuit chief judges on the brief, Abner J. Mikva and Patricia M. Wald, were appointed by Carter.
So was the dissing of the brief politically motivated? Judge Mikva doesn’t think so — but ascribes the decision to even cattier reasons:
Mr. Mikva said the rejection of his brief was motivated by personal animus, not politics. “It’s not political at all,” he said in an interview. “This was clearly aimed at me.”
The judges in the majority, Mr. Mikva said, were furious with him because he opposed allowing judges to accept free trips to resorts for seminars sponsored by private groups.
“They’re so close to retirement age,” Mr. Mikva said of the judges in the majority. “They really should grow up.”
OUCH. Boy do we miss the good old days on the D.C. Circuit!
Pull up a chair, kiddies, and listen to our tale. Back when Abner Mikva was Chief Judge, from 1991 to 1994, the D.C. Circuit went through a period that judicial historians refer to as The Golden Age of Bench-Slappery.
Conservatives and liberals were at each other’s throats — almost literally. Abner Mikva didn’t get along with several of his more conservative colleagues, including David Sentelle and Laurence H. Silberman. During one heated argument, Laurence Silberman reportedly said to Abner Mikva, “If you were 10 years younger, I’d be tempted to punch you in the nose.” How delicious!
Sadly, the Golden Age couldn’t last forever. In 1994, Chief Judge Mikva resigned to become White House Counsel under President Bill Clinton. He was replaced by Chief Judge Harry T. Edwards.
The famously cantankerous Harry Edwards — who once asked a lawyer at oral argument, “Counsel, are you shitting me?” — raised hopes that the Reign of Bitchiness would continue at the D.C. Circuit. But as it turned out, Chief Judge Edwards actually emphasized collegiality during his reign. And the D.C. Circuit — an unfathomably prestigious court, baby steps away from the Supremes — has never been the same.
(For some excellent perspectives on the controversy over the spurned brief, check out this VC post by Jonathan Adler. In the comments, legal ethics experts such as Stephen Gillers and Steve Lubet weigh in.) Appeals Court Rejects Brief Submitted by Ex-Judges [New York Times via How Appealing] NYT on Judicial Amicus Brief Rejection [Volokh Conspiracy] Court Nixes Brief Because Ex-Judges Called Themselves Judges [WSJ Law Blog]
One highlight of this year’s Federalist Society National Lawyers Convention was the annual convention luncheon, held on Saturday, November 17. During the luncheon, a panel of distinguished judges addressed the very hot topic of judicial independence. The panelists:
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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.
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