Racism

There’s not really much to say here. There are just a few things to remember to avoid an embarrassing oral argument. Basically, don’t condescend to the judges on your appellate panel, and try to show up wearing pants (and maybe some socks). Pretty simple, right?

We’ve seen this kind of confrontational tone out of lawyers before, and it never ends well for the attorney. Like when Jones Day’s Matthew Kairis thought it wise to continuously interrupt Judge Posner in Notre Dame v. Sibelius. What happened next was… entirely predictable: Kairis ended up with an earful from Judge Posner about the proper role of an advocate before an appellate panel.

This poor fellow earns the same basic tongue-lashing, just with a different accent…

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* Bob McDonnell, former governor of Virginia, guilty of 11 counts of corruption. Maureen McDonnell guilty of 8. If only they’d gotten that severance motion. [Wonkette]

* The best way to catch drunk drivers is to give them something to crash into. [Legal Juice]

* Chaumtoli Huq, a former general counsel to the New York Public Advocate, has filed a federal lawsuit alleging that NYPD officers arrested her for waiting on the sidewalk outside a restaurant. She says she was targeted for being Muslim. [Gawker]

* In somewhat related news, Prawfsblawg pointed me to this interesting Slate piece on the effect that body-worn cams — the en vogue solution to police misconduct pushed by many including Huq’s old boss — really have on policing. [Slate via Prawfsblawg]

* Google paying $19 million to settle the FTC suit over kids making in-app purchases. It was going to be a $5 million settlement, but the FTC told Google that they would let them skip level 410 in Candy Crush if they kicked in another $14 million. [Washington Post]

* Some people have a problem with duct-taping kids to force them to take naps. Kids are growing up soft these days. [Lowering the Bar]

* And guess what? The D.C. Circuit is hearing the Halbig case en banc. Nullifying any argument that the Supreme Court act immediately to resolve a circuit split. Seems like someone predicted this outcome while the mainstream media wet themselves over a Supreme Court showdown. [Constitutional Accountability Center]

* Adam Steinbaugh got a DMCA takedown notice for criticizing a company for… overactive DMCA takedown notices. He replies eloquently. [Adam Steinbaugh's Blog]

* As football prepares to kick off, there’s a new filing opposing the renewal of the broadcast license for Dan Snyder’s Washington-area radio station because it has a tendency to broadcast a particular racial slur over and over throughout the NFL season. [Corporate Counsel]

* If you’re a young law grad ready to give up on being a lawyer, it’s harder to move into another industry than you’d think. [Law and More]

* Texas Attorney General Greg Abbott sought an emergency stay to allow Texas to start shutting down abortion clinics despite a ruling that the law was unconstitutional. So he filed his motion at midnight on the Sunday before Labor Day. The Fifth Circuit does not brook this tripe. [Houston Chronicle]

* New research confirms deportations don’t lower crime rates. They do, however, help drive up the BS in political ads, so that’s nice. [New York Times]

* The confusing reports that Goldman Sachs was driving aluminum around Detroit to drive up the price of aluminum spawned a lawsuit. And that led to a dismissal. [Bloomberg View]

* This is why you don’t eat underwear… [Daily Mail]

* The legal battle surrounding Adam Carolla’s podcast is breaking up friendships now. [CNN]

* Here’s the international sign for “don’t urinate in public.” Glad to know we needed a sign for this. [National Review]

* An illegal hostile work environment is created when coworkers wear confederate flag T-shirts. Because… obviously it is. Professor Volokh thinks this is unconstitutional. Apparently a document drafted by white slaveholders is set up to protect “broadcasting to black people that they should still be enslaved.” Because… obviously it is. [Volokh Conspiracy / Washington Post]

* Police accidentally killed a crew member for the TV show “Cops” while foiling a robbery. That’s just shocking… the fact that “Cops” is still on the air. [Associated Press via ABC News]

* Practice pointer: Get in the practice of writing non-clients to tell them that they are not, in fact, your clients. People can be crazy stalkers out there and you need to protect your practice. [What About Clients]

* Scheduling trials is like playing musical chairs. Except no matter when the music stops someone’s probably getting screwed. [Katz Justice]

* It turns out that lawyers have a hard time talking to clients about overdue bills. As a lawyer who has literally had state troopers impound a client’s private jet, I don’t understand this. But here are the results of a comprehensive survey on the subject. [Lexis-Nexis]

* If you’re interested in how the “justice gap” functions overseas, here’s a report from the Legal Services Board in the UK. [Red Brick Solutions]

* A Texas man, David Barajas, was acquitted of shooting and killing a drunk driver who had killed the man’s sons. The defense argued that Barajas didn’t kill the guy and that there was little physical evidence tying Barajas to the killing. Atlanta news (specifically WSB-TV) may not quite understand the whole “innocent until proven guilty” thing. Pic after the jump [via Twitter]:

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Kim Kardashian

* First things first, she’s the realest: In light of the ongoing situation in Ferguson, Missouri, of course Justice Ruth Bader Ginsburg acknowledged that we have a “real racial problem” in America. [National Law Journal]

* Cooley Law has experienced legal troubles over its job stats for the past few years, and a great deal of it has been handled by Miller Canfield. It raked in almost $1M from the school from 2011 to 2012. [Am Law Daily]

* Yesterday, a federal judge in Florida struck down the state’s ban on gay marriage as unconstitutional. The latest opinion is one of nineteen in favor of marriage equality. The decision was stayed, but yay for Flori-duh! [CNN]

* Half of Concordia Law’s third-year class will not be returning to school this fall because they’d rather wait to receive word on whether the school will be accredited than waste more of their time there. [Boise State Public Radio]

* Thanks to JudgmentMarketplace.com, a dentist was finally able to collect on a a years-old default judgment against Kim Kardashian — but only because a lawyer bought it from him. [WSJ Law Blog]

In Ferguson, Missouri, outrage over the shooting death of teenager Michael Brown roils on.  Attorney General Eric Holder visited Ferguson yesterday, promising Brown’s family and the concerned public that a federal investigation would ensure justice.  If Darren Wilson, the white police officer who shot and killed Brown, willfully deprived the young black man of his constitutional rights to be free from unlawful deadly force, Wilson could be convicted under federal civil rights law, in addition to any possible state charges.

Much of the outrage over Brown’s death is rooted in the belief that Wilson responded to Michael Brown as he did because of Brown’s race.  The case calls up a painful history of racist white men murdering black men under color of law.  I don’t dispute the existence of that history, and I humbly acknowledge that, as a white woman, I will never feel the same pain associated with that history that black men and women will.  Even so, I wonder about what in this particular case leads so many observers to conclude that racism obviously caused Wilson to shoot and kill Brown — not simply to conclude that Wilson was unjustified in his use of force for non-race-based reasons, or to be suspicious of the circumstances surrounding the use of force.

How could we distinguish a set of facts where a white police officer improperly kills a black teenager without racial bias from one where a white officer improperly kills a black teenager because of racial bias?  Do we have a picture of criminal violence by a white officer against a black teenager that is wrong, but not wrong for any reasons that involve race?

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Listen closely. Do you hear that sound? That is the sound of gun rights advocates emitting a yawning silence over the death of Michael Brown. An unarmed teen was shot dead in the street, sparking a national controversy. In any other situation like that, the Second Amendment nuts would be telling us that perhaps the victim could have “defended himself” if he had a gun.

In other news, citizens’ constitutional rights are being abridged by state actors. The Second Amendment is there, at least in part, so that ordinary citizens may defend themselves should the state unlawfully abridge constitutional rights… so the story goes. If the Feds were trying to bring medicine into an episode of Doomsday Preppers, gun nuts would be talking about their rights to a well armed militia. In Ferguson, the government is arresting journalists, and not a peep for those who think the Second Amendment is necessary to give citizens the ability to defend their constitutional rights. The Daily Beast called out the NRA today. This is the kind of situation the NRA usually politicizes to full effect….

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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.

Continue reading on Above the Law Redline…

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.

As Brown’s mother, Lesley McSpadden, told Steve Giegerich of the St. Louis Post Dispatch, the shooting took place as her son was walking to his grandmother’s residence.

One witness, Piaget Crenshaw, gave this account to Giegerich:

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Some Biglaw firms put on variety shows and have associates sing, dance, and act out lame sketch comedy. It’s all about associates demeaning themselves for the amusement of partners in new and more interesting ways. And I guess it’s supposed to engender some kind of camaraderie, though it’s not clear how.

But sketch comedy can go horribly wrong. Like, any time a white guy shows up in blackface.

That’s a problem. And yet this Biglaw firm doesn’t seem to understand why….

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