Polar Bear Son: Dad, are you sure I’m a polar bear?
Polar Bear Dad: Yes, son. Definitely.
Polar Bear Son: You’re sure I’m not a duck or a cat but a full bred polar bear?
Polar Bear Dad: Yes, of course. I’m a polar bear and your mom is a polar bear so you are a polar bear. Why are you asking?
Polar Bear Son: Because I’m f**king freezing.
It’s cold outside. No seriously, it’s unreasonable out there, don’t ya know. I hope most of you are working from the warmth of your own homes. I hope most of you are skipping class today. Seriously, there’s nothing that you are going to learn in class on January 7th that you can’t make up in non-frostbite conditions before the end of the semester.
Let me put it like this, prisoners would rather be in prison than be outside in this cold weather. I’m not making that up. A prison escapee just turned himself in because it was too freaking cold…
Lawyers are willing to live with a realm of pure law. We are human. What I am beginning to realize is that there are a lot more flaws in the system… The fact is prosecutors and defense lawyers make mistakes. Prosecutors and defense lawyers are human.
This week the Supreme Court, via a one-line order by Justice Anthony Kennedy, dismissed an appeal in Brown v. Plata for want of jurisdiction. Thousands of law students enrolled in Fed Jur and Fed Courts classes this semester may argue that there’s nothing sexy about jurisdiction, even by law’s substantially reduced standards for “sexiness.” The dismissal of Plata, though, has some significant effects for millions of people.
In 2011, the Supreme Court ruled in a 5-4 opinion authored by Justice Kennedy that overcrowding in California prisons caused continuing violations of prisoners’ Eighth Amendment rights to adequate health care and that the overcrowding problem required a population limit. (Justice Scalia dissented, joined by Justice Thomas. Justice Alito also dissented, joined by the Chief.) As a result, California Governor Jerry Brown needed to drastically improve prison conditions or drastically reduce the state’s prison population by releasing inmates.
A flurry of state appeals and motions to change the original order ensued. Then, on September 24 of this year, a three-judge panel gave Brown until the end of January to meet its original order to remove more than 9,600 inmates from California prisons by the end of the year, absent successful negotiations with the plaintiffs. In an attempt to sufficiently improve prison conditions, Governor Brown negotiated a deal with legislators to spend $400 million on improvement of health care services to California prisoners, but he believed he needed more time in order to fully comply by the panel’s deadline. He filed an an appeal for a stay with SCOTUS….
* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]
* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]
* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]
* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]
* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]
* Paul Bergrin, more commonly known as the “Baddest Lawyer in the History of Jersey,” was handed a life sentence yesterday. At least he’ll have street cred with his gen pop friends. [WSJ Law Blog (sub. req.)]
* Overrated: Government surveillance is out of control. Underrated: Government spending massive amounts of money making the Army’s Intelligence and Security Command look like the set of Star Trek: The Next Generation is out of control. [Lowering the Bar]
* Helen Wan explains “The 5 Rules Every New Associate Must Know.” Not included: learning all the technical details required to convincingly say your smartphone failed to get that 1 a.m. message. [The Careerist]
* Another post in the fascinating series about creating visual maps of Supreme Court doctrine. It’s like a nerdier version of the The Atlas of Middle-Earth (affiliate link). [PrawfsBlawg]
* Ilya Somin reviews the Supreme Court’s most recent Takings Clause jurisprudence. It’s a lot harder for the government to take your property away. But don’t worry, it’s still really easy to lose all your property to unregulated markets. [The Volokh Conspiracy]
* The Office of the Solicitor General may have inadvertently helped out Frederick Oberlander and Richard Lerner, the two lawyers charged with criminal contempt for talking about a cooperator’s sentence (if you can call a $25,000 fine for admitting to a $40 million fraud a “sentence”) that the feds claim was sealed. [Wise Law NY]
* A somewhat sad art show based on requests from prisoners in solitary. Some beautiful stuff here. Though I’d have expected more “Rita Hayworth” photo requests. [Gawker]
* Former Congressman Jesse Jackson Jr. is heading to prison in Alabama for 30 months. Among the items he improperly purchased with campaign funds was a cape. How awesome is that? [Reuters via Yahoo! News]
* The Bureau of Prisons is planning to move its female inmates out of Danbury to convert it to a men’s prison. The author behind Orange Is the New Black has a different plan. [Jezebel]
* Reminiscent of the gun post a while back, more proof that women have all kinds of room to store contraband. [Legal Juice]
* Simpson Thacher lawyers reached some “unsettling conclusions” about the Clinton Foundation. Probably spending too much time with that Lewinsky Foundation. [New York Times]
* You thought there was animosity toward lawyers in the U.S.? Check out how much they hate them across the pond. [Legal Cheek]
* Nepal had actual regulations regarding Yeti killing. When will America join the international community and enact strict protections for Sasquatch? [Lowering the Bar]
* A state bar association is actively discouraging students from going to law school. Which is odd, since the state in question has a top five law school… according to National Jurist. [Associate's Mind]
* A clever Civ Pro class used the system against Howard Wasserman to get an extension on their assignment. I respect Wasserman for crediting the students’ ingenuity, but it would have been a better life lesson if he’d impleaded the Dean for forcing him to have grades in early. Or at least ding the students with a Rule 11 claim. [PrawfsBlawg]
* Inmate forgotten for 22 months in solitary confinement wins $15.5 million reward. Hopefully he’ll be ready in time to protect us from that bioweapon attack from Alcatraz. [CNN]
* In honor of International Women’s Day, enjoy an interview of Justice Ruth Bader Ginsburg. [The New Yorker]
* To follow up on an old story, law grad/convicted sex criminal Chris Dumler is reporting to jail today. [WVIR]
* The Conclave is now set for Tuesday. Place your bets on the new pontiff now! [CNN]
Next Friday, barring last-minute action from Congress, the series of crippling automatic budget cuts known affectionately as “sequestration” will go into effect, immediately slicing 8.2 percent off non-defense spending for 2013. It’s the continuation of the so-called “fiscal cliff,” which was supposed to hit January 1st, but Congress moved this component to March because two potentially disastrous political showdowns are more fun than one.
If you haven’t heard about the sequestration, here’s a good primer, and you’re officially working too hard.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.