Billionaires can get away with a lot because they’re billionaires and can get pretty much whatever they want at any given moment. Except childhood sleds.
Couple billions of dollars with running an eight million person personal fiefdom, and it’s not surprising that Mayor Michael Bloomberg has developed an unhealthy disrespect for any other authority.
Unfortunately for him, there are higher authorities in this world, and Bloomberg may have finally done enough to get the public spanking he’s been courting.
Friday afternoon, Mayor Bloomberg walked once again into the thresher maw that is the legal quagmire of his “stop and frisk” program by declaring that the program, criticized as racial profiling writ large, “stops too many whites.”
Well, Bloomberg is probably right. The program does stop too many whites…
Not the whole act, mind you. The prohibition on any “standard, practice, or procedure” that “results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color” is still constitutionally permissible. And folks can sue to enforce that.
But the preclearance requbirement is now effectively gone. That’s the rule that the federal government has to approve changes to voting laws in certain jurisdictions that haven’t been so great about race – in that folks registering black people to vote had been murdered in there, or, they’d had really bad records of African-American voter turnout in the past.
Strictly speaking, the preclearance requirement is not gone — it just no longer applies to any jurisdiction in the country any longer. The Court invalidated the method by which it is determined which jurisdictions are subject to preclearance, rather than preclearance itself. So, now no jurisdiction is subject to preclearance — the preclearance formula is gone.
Many people who are concerned about whether black people are allowed to vote think that the preclearance requirement has been an important tool to make sure black people enjoy the right to vote.
Free at last, free at last, thank God almighty, the South is free at last.
After, man, like decades of having to deal with suspicion and preclearance, man, just because of its 400 year history of slavery and segregation, Chief Justice Roberts held Section 4 of the Voting Rights Act as unconstitutional. Section 4 is the section that outlines which states should be covered for “preclearance” by the federal government before they can change their voting laws. Overruling it overturns one of the biggest and most effective weapons against the Jim Crow South.
Section 5, which gives the government the authority to preclear certain states, still survives. The question is kicked back to Congress to update their “decades old” formula.
If you are my age, this is probably the first ‘damsel’ you proactively hoped would not be saved.
* This is interesting, a lawyer for Paula Deen is saying the woman suing the (former) Food Network star has no standing for claiming a racially hostile environment because the plaintiff is white. So… white people can’t get offended by a lunatic running around talking about dancing ni****s? [ABA Journal]
* I was going to say, “I think Indiana Jones would be worse if he had a contract lawyer as a sidekick.” But then I remembered the Steven Spielberg ruined an entire movie because he wanted to bone Kate Capshaw and, yeah, I’d have taken a lawyer sidekick over her any day. [Legal Geeks]
* I’m constantly amazed at how the SCOTUS clerks don’t leak. I mean, the NSA freaking leaked. [Judicial Clerk Review]
* Vance basically means that if you are broke and you’ve been dying to smack your partner’s administrative assistant on the ass, go for it. “Conservatives” think that’s just fine. [Huffington Post]
Place eight metric tons of butter in large mixing bowl.
Add 16 kilos of salt.
Mix in buttermilk, meat product, and two eggs.
Fry in LOW FAT cooking oil.
Inject directly into carotid artery.
Serves one baby.
– Every Paula Deen recipe ever.
By now, many of you have heard about Paula Deen’s ridiculous deposition, in which she basically admitted that she’s a horrible racist who thinks slavery was funny. But since she made a career off of being a random woman who cooks like she thinks heart disease is funny, I already have a hard time taking anything she says seriously enough to be outraged by it.
So, how about this, I won’t act like Paula Deen’s views on a “perfect Southern wedding” speak for all Southerners, and Southerners won’t feel the need to reflexively defend the offensive and racist views of Paula Deen. It’s one thing to live in the South and like butter. It’s another thing to wish for a “bevy of tap dancing little n***ers” at your brother’s Southern wedding….
* If you have an erection that lasts waaaaaaay longer than four hours, file suit. [Delaware Online]
* A New York-area law student wants a tutor to help with the law review write-on competition. For the low, low price of $35/week. Eh. It’s better than contract work in most markets (in case the link breaks I’ve got a screenshot). [Craigslist]
* What the hell, here’s another job listing. Highlights: Unpaid summer associates, fighting for $12/hour positions, with one voted off the island every few days. The new economy is awesome! (Screenshot here.) [Craigslist]
* Patriarch Partners founder and CEO Lynn Tilton, known for saying, “There are three universal lies: Margins are weak, but we’ll make it up in volume; the check’s in the mail; and I won’t come in your mouth,” prevailed in MBIA’s suit against her. [DealBreaker]
* The federal government has made legalized pot difficult for states. Now the burgeoning pot industry is lobbying Congress to change federal laws to make their jobs easier. Come on pols, it’s time to turn your “pro-business” rhetoric to action. [TaxProf Blog]
* Republican master spin doctor Frank Luntz is looking into how the Washington Redskins could save their name. This all grows out of the efforts of George Washington Law Professor John Banzhaf (second link) to push the franchise to change its name by lobbying broadcasting regulators to penalize broadcasters for repeating the slur that passes for a mascot. [PR-Inside]
* Pennsylvania Supreme Court Justice Seamus P. McCaffery is enjoying an FBI probe into the fact that his wife — and chief aide — earned massive referral fees for sending clients to personal injury firms while working for the court and skirting the rules established by the chief justice. Given the amounts involved, I clearly need to get into the referral business. [Philadelphia Inquirer]
* I’ve given Texas a hard time over the last week, but the Texas Court of Appeals for the First District did a little to redeem themselves with this opinion citing legal luminaries Patsy Cline and Daft Punk. Full opinion after the jump. Relevant cites on Texas Courts. Check it out…
* The first rule of Insider Trading Club is, you do not send discoverable e-mails about Insider Trading Club. [Dealbreaker]
* Arnold & Porter staged a mock Olympics last time around. Now we’re just waiting for the other shoe to drop and we learn that the antitrust group was doping. [Washington Post]
* Georgetown Law student Bindhu Parmathi crowned Miss District of Columbia! She will go on this September to participate in the Miss America pageant (aka “The pageant that Donald Trump doesn’t own). [The Examiner]
* Indiana thinks it can discipline lawyers for criticizing a judge via private email. I would say that’s an insane misreading of the law, but I don’t want to get disciplined in Indiana, which sounds like the terrible prequel to Fifty Shades of Grey (affiliate link). [The Indiana Lawyer]
* Five businessmen take off their pants to protest taxes. This is a bad precedent. I don’t want to see any of these Tea Party folks take off their pants. [TaxProf Blog]
* Congrats to ATL reader Alicia Long, as well as co-author Jayne Jones, on publishing their new book Capitol Hell. [Amazon (affiliate links)]
* The Judge Edith Jones incident should raise the national concern to improve diversity on the bench. But it won’t. [Judicial Clerk Review]
* More follow-up on CBS’s improper campaign ad totally objective news documentary “Brooklyn D.A.” [New York Daily News]
* If fans in the front row of your concert start holding out papers for you to grab, DON’T DO IT! Unless you want to get sued. Video after the jump, courtesy of Gawker…
Several organizations filed a Complaint of Judicial Misconduct against Fifth Circuit Judge Edith Jones earlier this week. The complaint charges Judge Jones with a variety of offenses, but the headline-getter is the claim that she made racist remarks during her speech on February 20, 2013, hosted by the University of Pennsylvania’s chapter of the Federalist Society.
With no transcript or recording of the event, the 12-page complaint relies on the affidavits of a few individuals who attended the speech, including Marc Bookman, the Director of the Atlantic Center for Capital Representation. Bookman’s affidavit serves as the primary account, with the other affiants agreeing and adding relatively few details. About a week before the Penn Fed Soc speech, Bookman published an essay in Mother Jones titled “How Crazy Is Too Crazy to Be Executed?”, about Texas murderer Andre Thomas. Whether Bookman intended ahead of time to use his account of the Fed Soc event as the basis of a misconduct complaint or not, he was likely expecting to be offended when he attended a Federalist Society speech called “Federal Death Penalty Review” by a pro-death-penalty, Texas-based judge. Just a guess….
In 1920, Lydia C. Chamberlain, a woman from Des Moines who moved to Manhattan, donated her $500,000 estate to create a fellowship at Columbia University. The fellowship had a few restrictions. Notably, recipients were not allowed to study “law, medicine, dentistry, veterinary surgery or theology.” Ha. Seems reasonable. Oh, and the recipients had to be from Iowa and had to move back to Iowa after completing their studies.
This kind of dead-hand control should really not be allowed in our modern, global society, but that’s not why the “Lydia C. Roberts graduate and traveling fellowships” is making news today. It’s making news because the other restriction is that recipients of the fellowship have to be white. “Of the Caucasian race” is the exact formulation.
This isn’t just a story about racism, it’s a story about institutional advantages white people have that some of them pretend to not even be aware of…
Can you imagine only having to listen to black people for 11 minutes for your entire year?
At what point do the Supreme Court’s views on racial equality and tolerance become entirely illegitimate?
At this point, I wouldn’t be surprised if the only black people the nine justices know are characters they’ve seen in Tyler Perry movies. Sorry… characters the justices have seen in previews for Tyler Perry movies.
The Huffington Post has a damning report on the number of minorities who have even had the opportunity to argue in front of the Supreme Court this Term. It’s embarrassing. But in a couple of days or weeks, these nine people are going to presume to tell me whether or not we’ve achieved enough racial equality to do away with affirmative action and the Voting Rights Act?
It’s unbelievable. It’s unbelievable that these nine people think there is any person of color who should respect them worth a damn…
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