I would like to throw a brick at a cop in Ferguson. Any cop. All the cops. As a black male, I would like to fight back, violently, against the forces that have hunted me all my life, and will hunt my son all his life.
I’m not going to, but that is because history is not on my side. I no longer give a damn about the moral virtues of non-violence, but recorded history tells us that an oppressed minority population cannot succeed through violence. I don’t have a magic staff that can bring locusts and selectively drain or flood rivers, and without such a weapon, being peaceful out there is the only effective and reasonable option. I have just enough education to understand that, and just enough restraint to practice it. I believe in non-violence because it’s the only thing that works.
Thomas Jefferson has a famous quote about slavery. He was talking about the Missouri Compromise, which allowed Missouri to enter the union as a slave state (a fact way more relevant to the current situation than Mike Brown’s alleged shoplifting). On the slavery question, Jefferson offered: “We have the wolf by the ear, and we can neither hold him, nor safely let him go.” Everybody remembers that part, but here’s the next line: “Justice is in one scale, and self-preservation in the other.” Jefferson is talking about justice for the slave, and self-preservation for America.
What America has done since 1820 is to gain self-preservation for itself without granting justice to those it oppressed. It’s been a neat trick. Go ahead, name any “justice” statistic: incarceration rates, conviction rates, homicides, homicides by cop, death penalty rates, drug prosecutions, forced plea bargains, diversity in the police force, diversity on the bench, name ANY JUSTICE STAT YOU CARE ABOUT. You have just named a statistic that illustrates how African-Americans are denied equal justice as compared to white Americans.
When I was in law school, I went to hear Chief Justice Rehnquist speak. He told a story of going to visit Finland, and meeting with their attorney general. The Chief Justice asked the attorney general whether the highest court in Finland could overturn an act of its parliament. She didn’t know the answer. She huddled with her staff for a few minutes, then told Rehnquist that they think their Supreme Court could, but the issue had never come up, because their high court had never tried.
Rehnquist told the audience that he thought this was just straight up freaky (not his words). And then began to wonder why he thought this was so strange. He concluded that there is something in the American psyche — especially in the part of the American psyche that lawyers seem to embrace — that feels compelled to push power to its outer limits.
This is a dangerous thing to think about if you think that our law enforcement community — from the lowly beat cops to an FBI forensic accountant — shares this disposition.
Friends and family confirmed that [the frustrated insecure bully], an unpredictable, petty individual who frequently loses his temper when he feels he is being threatened or disrespected, has in recent months been inquiring into joining the ranks of the Raleigh Police Department. In this role, the man with a massive chip on his shoulder and no visible sense of empathy would be tasked with peacefully resolving disputes and evenhandedly administering justice to members of the community over whom he would have official power.
Michael Brown, age 18 and a high school graduate, was scheduled to begin college classes on Monday.
He won’t be. He was shot, unarmed with his hands in the air, by police near his apartment on Saturday afternoon. The shooting in Ferguson, Missouri, a mostly black working-class St. Louis suburb of 20,000, has ignited outrage and skepticism of the police’s explanation for the shooting.
* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]
* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]
* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]
* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]
* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]
* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]
* Man claims his former employer discriminated against him because he was an atheist. Yep, this Hobby Lobby thing isn’t going to have any repercussions at all. [Lewiston-Auburn Sun Journal]
* Speaking of atheists and SCOTUS, the Court may have authorized the Town of Greece to get all religiousy at town board meetings, but an atheist is stepping up to the plate to deliver an invocation. Freedom of religion does mean he gets a turn. [Rochester Homepage]
* There’s an icky sexual harassment story coming out of an elite L.A. school. And they’ve hired an elite law firm to investigate. [Gawker]
* Cops do hear some pretty funny stories when they pull people over. [Legal Juice]
* If you’re out of work, here’s an idea: this solicitor-to-be posted a selfie with a pigeon on Facebook and got an offer — along with a lot of publicity. [Legal Cheek]
* Is the future of legal education online? Perhaps the better question is, “How will law schools overcharge when they no longer have brick-and-mortar facilities?” [Tipping the Scales]
* A judge explains that incest and pedophilia aren’t such big deals anymore because gay people are accepted. Wow. [Jezebel]
* Are you keeping up with Kirby v. Marvel? Because Jack Kirby’s estate is making a run at the Supreme Court in a case that affects billions. Embed below… [Bloomberg]
Yesterday, Krispy Kreme celebrated its 77th birthday. The popular doughnut chain opened its doors on July 13, 1937, in Winston-Salem, North Carolina. And what goes better with doughnuts than coffee? Cops. This week, On Remand looks back at Krispy Kreme’s history and a half-dozen cases involving doughnuts and cops, including the strange tale of a man who held a Krispy Kreme truck for ransom.
The Krispy Kreme we know today began in the 1930s when New Orleanian Joe LeBeau moved to Kentucky and sold his secret recipe and the name “Krispy Kreme” to a local, who hired his nephew, Vernon Rudolph, to sell the doughnuts door-to-door. By 1937, Rudolph and a friend had moved to Winston-Salem and opened the first Krispy Kreme doughnut factory. Although the pair set out to sell doughnuts to grocery stores, a new marketing ploy quickly revealed itself: human weakness. People passing the factory could not resist the delicious doughnut smell, and wanted to buy them hot off the press. Vernon obliged, cutting a hole in the outside wall to sell fresh glazed doughnuts directly to people on the street.
Today, Krispy Kreme operates nearly 900 stores in 24 countries. But, like its founders intended, Krispy Kreme continues to sell doughnuts to grocery and convenience stores. Over the years, deliveries to these stores have made Krispy Kreme trucks an easy target for thieves. One Michigan man may take the cake doughnut for the most comically unsuccessful Krispy Kreme truck theft.
* Federal judges frequently fly across the globe on other people’s dime for conferences and symposia, but 2012′s most frequent flyer is a judge who was recently embroiled in an ethics scandal: Randall Rader of the Federal Circuit. [National Law Journal]
* Even though she claims nothing is “fundamentally broken,” Securities and Exchange Commission chairwoman Mary Jo White proposed “sweeping” new stock market regulations in an attempt to get with the times. [DealBook / New York Times]
* U. of Maine wants to combine its business and law schools, but professors are concerned about pressing questions like, “What will the diploma say?” rather than, “Do I get to keep my job?” [Portland Press Herald]
* Law schools are seen as cash cows for their affiliated undergraduate universities, but this law school is hurting so bad for cash due to low enrollment the university is infusing it with millions. [Minnesota Daily]
* A Pennsylvania man is suing his local police department for First Amendment violations after he was arrested for cursing in front of officers. N.W.A has a song this guy would like. [Pittsburgh Post-Gazette]
Some law students are still naive enough to believe that they’ll be able to take a stand against every day injustices and walk away victorious — just because they’re law students. That’s simply not the case, especially when you’re a law student who’s trying to come between a police officer and his lunch…
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
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 seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.