Racism

* 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]

* To recap: TSA took the stance that knives should be allowed on planes, but balked at fictional Jedi weapons. Yay America! [Lowering the Bar]

* Illinois passes some of the strictest fracking regulations in the country. That’s a reference to hydraulic fracturing. Not just dropping Battlestar Galactica references. [Breaking Energy]

* 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

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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….

double red triangle arrows Continue reading “A Tale of Sound & Fury (But No Transcript): In Defense of Judge Edith Jones”

Some of his best friends were ‘takers.’

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…

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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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These guys do not look the same to me.

I don’t want to give a lot of burn to this story today, because sadly it is not news when a “Republican” Supreme Court justice takes a shot at the president of the United States. Conservative justices are just allowed to say crappy things about the president — this president — with everybody just accepting their partiality without calling for recusals. And depending on who gets to write what in Fisher, we’re going to have another opportunity to talk about Clarence Thomas’s ongoing jihad against black people in America who are not like him.

But we do have to at least mention Thomas’s latest slam at black people. As I’m sure you’ve heard by now, Justice Thomas suggested that Obama only got to be president because he was a black man who said things “approved” by the media and elites.

Funny, I’d think that talking about his long dong silver would be exactly the kind of thing elites expected to hear from a black man.

What’s really happening is that Thomas continues to think that people hate him because he’s a black conservative, when really people hate him because he’s a black a**hole

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* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI]

* But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal]

* To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times]

* Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones]

* Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily]

* “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters]

* Penn State Law is continuing with its plans to fleece students at two separately accredited sites, because clearly what the world needs right now is MOAR LAW SCHOOLS. [Centre Daily Times]

* Eugene Volokh analyzes the free-speech issues raised by the prosecution of Anya Bargh, the UConn law student accused of sending anti-Semitic and racist emails. [Volokh Conspiracy]

* Lawyerist thinks you suck, not the gunners. Discuss. [Lawyerist]

* Law and the Multiverse now has CLE courses about comic books. Maintaining this license just got that much easier. [Law and the Multiverse]

* Some new developments in the Ed O’Bannon case against the NCAA. Basically, discovery has not been kind to the NCAA. [Bloomberg]

* All the editors-in-chief at Michigan Law are women. Now, if another 90 or so journals follow suit, Staci’s article will seem outdated. [Michigan Law]

* Ruh-roh. Did David Boies blow the lid off campaign spending limits last cycle? [Huffington Post]

* No, Mike Bloomberg was not denied a slice of pizza yesterday. [Gawker]

* WARNING: If you understand math, the latest from NYPD Commissioner Ray Kelly will annoy the hell out of you. [PrawfsBlawg]

* Man injured in a drunken fight sues the bar that he says should have cut him off. [Overlawyered]

* “It’s a fine line society walks in trying to be fair.” Justice Sonia Sotomayor spoke earlier this week on the perils of racial profiling with respect to the Chechen suspects in the Boston Marathon bombings. Were we fair here? [Associated Press]

* What keeps in-house counsel awake at night — aside from the tremendous piles of money they’re rolling around in? Apparently they’re expecting an “onslaught” of food labeling and data breach class actions. [WSJ Law Blog (sub. req.)]

* Susan Westerberg Prager, known for being the longest-serving dean ever at UCLA School of Law, will take up the deanship at another illustrious institution, Southwestern Law School. [National Law Journal]

* The February results for the New York bar exam are out, and with the highest number of test-takers ever, the pass rate was brutal. We may have more on this later. [Thomson Reuters News & Insight]

* Rhode Island just got a little more fabulous. The Ocean State legalized gay marriage yesterday, making it the tenth state to do so, and uniting New England in marriage equality for all. [Bloomberg]

* Back in December, we told you about an alleged “well-dressed” groper — an unemployed lawyer, as it were. Well, now there’s nothing alleged about it, because that guy just pleaded guilty. [New York Post]

* The New York Post responds to critics of its Boston attack coverage. [The Onion]

* I’m just going to quote our tipster on this one because I cannot improve upon his commentary: “Because we should publicize every time a Donald Trump lawsuit fails.” [Chronicle of Higher Education]

* DOUBLE F**KING NEWSFLASH: this pissed off sorority girl will write the BEST cease and desist letters someday. [Gawker]

* CVS: the place with the helpful, anti-Asian racist staff! [Associated Press via Yahoo! Finance]

* The Supreme Court stands up to warrantless searches. Sort of. [Simple Justice]

* Sports franchise owners totally rip off the communities they supposedly serve? [Lawyers, Guns & Money]

* You’d think an intellectual property firm would know better than to commit copyright violations. [Law 360]

* Good news, law students! You can get a casebook for the low, low price of $200! [PrawfsBlawg]

* Rachel Ray sued for negligence in trying to help a teen lose weight. If the goal was weight loss, Rachel should have just forced the girl to exclusively eat from Rachel Ray’s cookbook. Nothing can turn someone off eating like that. [US Weekly]

This is the problem with allowing only one black person into your little club, be it your country club, your journalistic publication, or your Supreme Court. When you have only one black voice, the brilliant diversity of thought and opinion within the black community can be reduced to Samuel L. Jackson playing Steven, over-laughing and telling you exactly what you want to hear.

Or it can be reduced to one dude on a revenge jihad.

Regardless, if you are only going to let one black person in, it kind of matters who you let in. And that’s why so many people who believe in the advancement of civil rights have such a visceral, negative reaction to Clarence Thomas. It’s not because Thomas isn’t “black enough.” It’s not because he’s a “sell out.” Those are stupid terms that don’t really apply to Thomas anyway.

The problem with Thomas is that despite being the lone black voice in the institution of government that is best positioned to protect minority rights against the vagaries of majority rule, Thomas’s approach to racial justice can best be summed up as, “I got mine, screw the next generation.” The man is so unable to overcome the racism visited upon him that he holds the perverse view that laws that help minorities magically hobble them. Yet he’ll allow majority rule to hobble black people as they see fit. He thinks that the law singles out people as different, as opposed to the somewhat self-evident truth that people define others as different, and then use those distinctions to discriminate. He was hurt by white people thinking that he only got somewhere “because of affirmative action,” but instead of just dealing with it, he now seeks to block the path for others to follow in his footsteps.

Thomas might not want to be a “minority leader,” but he is by simple fact of his important position. Don’t take my word for it, take Justice Scalia’s. Personally, I think that Scalia is more than capable of coming up with his racist BS on his own, but the man just blamed praised Thomas for “leading” his thoughts down a more asinine path.

But it shows why it matters so much who you let in when you only let in one. And it shows why Thomas has been such a colossal failure as a successor to Thurgood Marshall….

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