[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.
The pages of Above the Law are littered with lawyers who have tried to use their status as legal eagles to get out of brushes with law enforcement. Not their legal knowledge — smart lawyers who have run-ins with the law keep their mouths shut, don’t blow, and save their arguments for judges instead of arresting officers. But smart attorneys make for boring stories.
It’s the people who think that just being a lawyer will keep them out of jail who bring the real fun. Once a cop gets a look at your Cravath prestige points (or the local equivalent), he’ll just look the other way and allow you to stumble to your car.
Think of folks like the young associate who allegedly told a police officer, “You are going to… die. I’m a lawyer. You can Google me.” Or the future prosecutor who allegedly said, “I start with the Linn County Prosecutor’s Office next Tuesday. I want you to arrest me for not signing this.” Or the prominent lawyer who allegedly said, “You can’t arrest me. I represent Seattle and King County. You are making a mistake.”
Well, today we have another classy Seattle legal lady. But this one allegedly did her talking not just with her mouth, but with her anus…
* As we noted last week (third item), Judge Rosenbaum recognized that the government was bound to have phone records of the defendant since they were dragnetting the whole friggin’ country. Now the government has responded and predictably claims that this is all classified. [Southern District of Florida Blog]
* Speaking of follow-ups, remember how NYU Law was using non-profit slush funds to pay for housing for professors? Well, they also provided sweetheart loans for summer houses. [New York Times]
* The battle rages over the admissibility of audio expert witness testimony in the George Zimmerman trial. At least Howard Greenberg isn’t going to be there to call them all whores. [The Expert Institute]
* With the NYPD’s “stop and frisk” policy about to get smacked down in federal court, it’s important to remember there’s nothing wrong with “stop and frisk” — just every single way that it’s been applied for over a decade. [Vocativ]
* For our law professor readers, cognitive psychology says you get more fair results if you grade exams by question rather than grading the whole exam at once. It also means you’re not as likely to find 15 whole exams missing and fail to grade one student’s exam for weeks on end (in fairness, I ran into Professor Winkler and he assures me he eventually graded that exam). [Concurring Opinions]
* Communications between Superman and a minister in Man of Steel would likely be shielded by Kansas law. A better question is what law are we going to use to prosecute Superman for wontonly demolishing a city? [The Legal Geeks]
* If you’re living the Bitcoin lifestyle, you’re probably about to get taxed. [TaxProf Blog]
The NYPD really loves its stop and frisk policy. The prospect of randomly stopping exclusively minorities a random selection of New Yorkers really excites the department. And why not? The practice has done wonders to prevent crime in the city. Well, if you define “crime” as pot possession. Because the policy hasn’t accomplished much of anything else.
Now the constitutionality of the policy is in jeopardy, awaiting a decision from Judge Shira “Don’t Call Me Judy” Scheindlin, the judge the City decided to embarrass by commissioning a report accusing her of bias because the City is incredibly stupid.
When and if (OK, “when”) Judge Scheindlin strikes down the current iteration of the policy, Eric Holder has a suggestion for how to remedy the violation. And Mayor Mike Bloomberg is none too pleased…
Justice Kennedy announced the majority opinion in a long anticipated case today. It was met with a blistering dissent by Justice Scalia.
Unfortunately for most Court watchers, it was not the opinion in Fisher v. University of Texas, the latest in the Court’s attempts to resolve whether affirmative action in higher education is constitutional. Some observers expressed annoyance.
Instead, the Supreme Court issued a ruling in Maryland v. King, which Justice Alito previously identified as potentially the most important law enforcement decision in decades. The Court held that the police can take your DNA any time you’ve been arrested for a “serious” crime.
You know you’ve had a bad weekend when you’re a lawyer and a video of your bare ass is making its rounds on the internet. We suppose things like this tend to happen after you’ve gone on an admitted bender and thrown your panties at the police while screaming “Suck my p***y” and “Eat my ass, you f**king pigs!” And by the way, it was a lawyer who allegedly showered the police with these kind words.
You must be wondering what could have caused an esteemed member of the bar to do such a thing. Well, you see, women are wont to do some pretty crazy things following bad breakups…
* “I don’t know whether the Lord Himself could get confirmed at this point.” It looks like poor Attorney General Eric Holder doesn’t have very many people left to turn to thanks to executive and congressional inaction. [Bloomberg]
* When it comes to recent diversity efforts in Biglaw there’s an ebb, but not really a flow, and it’s all being blamed on the recession. Also, “diversity fatigue” is apparently a thing now. [New York Times]
* The $200 million gender discrimination suit filed against Greenberg Traurig over the firm’s alleged “old boys club” has been settled for an undisclosed amount. You go girl! [Thomson Reuters News & Insight]
* According to Judge Murray Snow, Arizona’s most beloved sheriff, Joe Arpaio, has been violating the constitutional rights of all of the Latinos whom he supposedly “hadn’t” been racially profiling. [Reuters]
* My, how things change: David Blankenhorn, a man who once testified as an expert witness in support of Proposition 8 at trial, has come forward to condemn anti-marriage equality laws. [Los Angeles Times]
* Law schools tend to be “bastions of liberalism,” which makes it hard for students to find intellectual diversity. It’s a good thing we’ve got the Federalist Society to balance things out. [Washington Times]
* People who think Washington needs another law school propose one for students “who can’t afford to … go into debt … to get their legal degree.” This won’t sit well with the legal academy. [News Tribune]
* With Lindsay Lohan stuck in rehab, Amanda Bynes decided it was her turn to go wild. The retired actress says she’s suing the NYPD for unlawful arrest and sexual harassment. [New York Daily News]
* Alton Lemon, the Supreme Court plaintiff behind the eponymous Lemon test, RIP. [New York Times]
* New York Mayor Michael Bloomberg commissioned a report on SDNY Judge Shira Scheindlin in advance of her ruling on the NYPD’s controversial “hey, you’re black, come get a pat down” “stop-and-frisk” policy. According to the report, Judge Scheindlin is biased because she ruled against the NYPD in search and seizure cases 60% of the time. An alternative read is that the NYPD is really bad at following the Constitution. Occam’s Razor strikes again. [New York Daily News]
* STRIKE!: Legal Services NYC walked off the job this morning after rejecting new contract offers. [New York Law Journal]
* Pentagon Papers lawyer James C. Goodale thinks President Obama, whose administration seized phone records of journos, is worse than President Nixon, who tried to charge the New York Times for conspiracy to commit espionage. Because hyperbole is the awesomest thing in the world! [New York Observer]
* Tennessee law grad and judicial affairs director fired amid allegations she hooked up with Tennessee basketball player Trae Golden. [MStars News]
* After revelations earlier that Arkansas wasn’t “buying American” and instead getting its death penalty drugs from the UK, the pharmaceutical company announced it would cut off the supply, joining a number of drug companies that are practically slowing executions around the country by limiting supply. [YubaNet]
* After the post, check out the Biglaw firm using 4square way too much…
The “Angry Police Captain” is one of the premiere cultural archetypes of late 20th Century America. The gruff, by-the-book peace officer asking his roguish subordinate if he realized how many regulations he’d broken or if he understood how many times the mayor had called that day to complain about all the damage from the car chase. At some point in the film, the captain will ask our anti-hero to turn in his badge and gun. Later on, the captain will begrudgingly return them while delivering some version of this speech: “I may not like your methods, but you get results.”
One judge has the first part of this archetype down, labeling a cop “dangerous” and questioning if he, “should not be carrying a gun.” I doubt the judge will have occasion to change his mind about a cop who pulled a gun on his neighbor, and then asked for a restraining order…
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: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.