Ed. note: We are having an Above the Law retreat this afternoon, so we may be less prolific than usual today. We will return to our regularly scheduled programming tomorrow.
* “I think I am now the hardest-working justice. I wasn’t until David Souter left us.” Justice Ginsburg celebrates her twentieth year on the high bench in true diva style. [USA Today]
* Sorry, EA, the Ninth Circuit thought your First Amendment free expression defense to allegedly stealing college sports players’ likenesses was a load of hooey. [Wall Street Journal]
* “It’s a decision that clearly favors the merchants.” A federal judge gave the Fed a spanking in a ruling on its cap for debit card fees earned by banks after consumer swipes. [DealBook / New York Times]
* The firm that outed J.K. Rowling as author of “The Cuckoo’s Calling” will make a charitable donation as an apology — getting the book to the bestseller’s list wasn’t charitable enough. [New York Times]
* As the bar exam draws to a close today, here’s something to consider: 12,250 people signed up to take the test in New York alone. Are there jobs out there for them? Best of luck! [New York Law Journal]
* Cleveland kidnapper Ariel Castro is expected to speak at his sentencing hearing today, where a judge will decide if a term of life in prison plus 1,000 years is appropriate punishment for him. [CBS News]
* USDA requiring a magician to develop a disaster plan for his rabbit. I don’t think this is such a bad idea — have you ever seen Bullwinkle? [Lowering the Bar]
* The Middle Class is disappearing in the country. Why can’t we get a disaster plan for them like we have for that rabbit? [Lawyers, Guns & Money]
* Patton Boggs is rebooting. Just like when a TV show adds a long-lost cousin in season 8, this isn’t a sign of weakness at all. [Politico]
* President Obama, speaking of the Trayvon Martin case, notes: “There are very few African-American men in this country who haven’t had the experience of being followed when they are shopping at a department store. And that includes me.” See, he was uniquely prepared for the job of being followed by security guys EVERYWHERE. The difference, of course, is he knows these guys aren’t going to shoot him. [NBC Politics]
* A Miami firm is suing LexisNexis for “deceptive” fees. If they’re going to litigate this case, they’d better hope their Westlaw bill is paid in full. [Miami New Times]
* The reporter’s privilege had a bad day. After all that’s been revealed in the last couple months, let’s all agree it’s only newsworthy when the reporter’s privilege has a good day. [PrawfsBlawg]
In fairness, only one legal story dominated the week. The Zimmerman verdict provided a new twist daily. It even got Kim Kardashian involved, which was a relief to the unwashed masses waiting to hear how a spoiled sex-tape star would react to a verdict at the intersection of race and gun policy.
But the most newsworthy verdict in years was not the only thing happening this week, regardless of what CNN would like you to believe…
I do not understand people who are too uneducated to know multiple languages who get pissed at people who don’t speak multiple languages perfectly.
I get it, this is ‘Murica. And most people here speak English. And if you go to receive a government service, it’s reasonable to expect that service to be provided in your native tongue. I’d be pissed off if I went to the DMV and all of the instructions were in Spanish or French or Chinese, but not English.
But if they’re in English… what do I care if they’re also in everything else? What do I care if everybody else is speaking a different language? If I can conduct my government business in my native tongue in my native country, what do I care if some Spanish-speaking AMERICAN CITIZEN can also conduct his business in HIS native tongue in HIS native country? Christ preaching in Aramaic, a good translation never hurt anybody.
Of course, I live in New York. I can spell Bhutanese. There’s a lawsuit today from a nursing school student who claims she was unfairly suspended from school after allegedly being racist to Spanish speakers in her school.
I’d say she’d lose, but we’re talking about Arizona, so who the hell knows…
* While “Stand Your Ground” only played a small role at the criminal trial, it can still loom large over a subsequent civil suit. [Time]
* Nancy Grace summed up her objection to the Zimmerman verdict thusly: “Give Zimmerman back his life? He’s out on bond driving through Taco Bell every night, having a churro.” For some reason I couldn’t get this American Dad scene out of my head after hearing that. [Newsbusters]
* The Twitterverse killed Juror B37′s book, but this article asks if that’s a good thing? For my part, it seems disturbing to profit off a civic duty like that, but on the other hand, it would’ve been interesting to get more insight into B37′s psyche now that the other jurors are calling her crazy. [The Read Zone]
* Incoming law students: Here’s a guide to building your law school wardrobe. Or more accurately, a networking wardrobe because you can basically wear pajamas to class. [Corporette]
* Yale is offering a Ph.D. in law because there are so few lawyers with ample experience looking for academic jobs. In all seriousness, though, I think it would be worth it — there’s a study out there that says a Law Ph.D. is really worth $2 million! [Ramblings on Appeal]
Before the George Zimmerman verdict, I said that the case had nothing to do with Florida’s controversial “Stand Your Ground” law. I said this because Zimmerman and his attorneys were not arguing “Stand Your Ground.” Stand Your Ground has to do with Florida’s wild west approach to the duty to retreat. Florida extends the castle doctrine to public spaces. To take the legalese out of it, Stand Your Ground simply means that if you are attacked in public, you don’t have to run, even if you can safely and reasonably do so. You can stand and fight, meet force with force, and shoot to kill if you fear for your life or a serious injury.
But that wasn’t the case Zimmerman was making. He argued that he had no opportunity to reasonably and safely escape anyway, so it was a simple issue of self-defense. Stand Your Ground had nothing to do with it.
Anyway, I wrote that, and then an hour later, the judge gave jury instructions ripped right from the Stand Your Ground statute. And now the idiot juror B37 is going on television talking about how Zimmerman had a right to stand his ground, so what do I know? It’s my fault for even thinking for a second that the people of Florida could apply their own laws correctly.
So, I agreed to go onto HuffPost Live and debate whether Stand Your Ground laws are essentially a “license to kill.” Interestingly, one of the people on the panel was a Florida state representative who accepted the challenge of defending Florida’s statute….
If you are black in America, you are not supposed to fight back. Ever. For any reason. Sorry.
If you are white, you can do whatever you want, and if you are Hispanic, you can defend yourself as long as you are defending yourself against a black man. But if you are black, you just need to sit there and take it. Or else you’ll get in trouble. You’ll get shot or arrested. The full force of the police state will be brought down upon you.
That’s the lesson from this weekend. George Zimmerman’s acquittal has gotten all the attention (and I’ve said all I need to say about that), but in New York City this weekend there was another story about the casual, every day, racist junk that black people have to deal with all the time. But this time the black guy defended himself and so, of course, the black guy got arrested…
“I am hyper-sensitive when it comes to name calling and ethnic slurs — just look at my name. I bristle when people are derided as dumb Polacks, greedy Jews, smelly Pakis, stupid beaners, camel jockeys, frogs and gooks. There are many more but no reason to list them all.”
I discussed the verdict in the George Zimmerman trial with my mother, a 65-year-old white woman. She, unlike me, is politically and socially liberal. She was perplexed, though, by the media response to the verdict. Why the outrage?
What I explained to my mother was my best exercise in empathy, because I struggle to understand the outrage too.
If we were a black family, especially one living in the Deep South, this might look different to us, I reasoned. If she had been born black, when she was a little girl, white people wouldn’t feel the need to apologize for calling her a “n*gger child,” or telling her she couldn’t eat near them, or shuttling her off to an elementary school that was certainly separate but was only equal in theory. My mom would have grown up watching white police officers call her father “boy.” She would have had to observe my grandfather grow meek and obsequious when approached by a white man, especially one with a badge or a gun. He wouldn’t shrink into obeisance because he wasn’t strong and proud, or because he wasn’t law-abiding. He would do so because he couldn’t risk being perceived as “mouthy” or “uppity” by someone who could hurt him or his family for social transgressions as minimal as that….
I was a senior in high school when the O.J. Simpson verdict came down. I was in a classroom in Indiana, everybody was watching on television. After the verdict was announced, the first thing I heard was my white teacher saying “bulls**t.” The next thing I heard was a bunch of black people screaming (I went to a pretty diverse high school). Then, basically, all the black people started streaming out of class. Nobody went back to school that day. I found my cousin. We high-fived. At that moment, I really believed that a racist cop had planted blood evidence to frame O.J.
Of course, that’s not what I think happened now. I think O.J. murdered those two people in a jealous rage, got caught and thought about killing himself, didn’t, then hired the best lawyers in the country, and beat the rap.
Still, I’m happy he got off. I know that is a controversial thing to say. It’s not really normal to be “happy” when a guilty person evades justice, unless you’re watching a mob movie. But I think Mark Fuhrman was a racist cop, and I think the O.J. case went a long way towards showing state prosecutors that basing your cases on racist cops is a bad thing. The state knows that putting blatantly racist people on the stand isn’t the best way to get a conviction. I’m willing to suffer the injustice of a guilty man going free to make the larger point that racist cops are not credible witnesses.
And so as I sit here, watching the news and reading Twitter accounts of people who are just “happy” that George Zimmerman was acquitted of any wrongdoing in the death of Trayvon Martin, I’m forced to wonder what “larger point” is being serviced today by the release of a man who shot an unarmed teenager to death?
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.
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…