Did the agents who were conducting my interview already know all about my daughter, the surveillance and the warning? While I suspect they did, to this day, I am not certain. Was I really obligated to “rat her out” to prove my bona fides? I have no idea, but I sure felt sh**ty for having done so.
– Judge Richard G. Kopf, writing on his delightful blog about the deeply intrusive process for vetting federal judicial nominees — which required him to reveal to the FBI his daughter’s brush with allegedly unsavory characters.
(See also Richard Posner — citing Above the Law and Elie Mystal, by the way — after the jump.)
* Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]
* After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]
* Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]
* The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]
* “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]
* Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]
Innumerable are the lawyers who explain that they picked law over a technical field because they have a “math block” — “law students as a group, seem peculiarly averse to math and science.” But it’s increasingly concerning, because of the extraordinary rate of scientific and other technological advances that figure increasingly in litigation.
The point I was making in my book in mentioning the Crawford case was not that the decision was right or wrong … but that in many cases judges can’t have any confidence in the soundness of their decisions if they do not have empirical data concerning the likely consequences of deciding the case one way rather than another.
– Judge Richard Posner, backtracking a bit from his earlier comments suggesting that he now feels he wrongly decided Crawford v. Marion County Election Board when he noted in his book Reflections on Judging (affiliate link) that empirical evidence, unavailable in the 2007 case, has mounted that voter ID laws may suppress voting more than prevent fraud.
* Belgium has captured a real-life pirate king! But pirate kings just aren’t what they used to be. Something tells me Blackbeard wouldn’t have gone down because somebody said, “Hey, come back to England so we can make a movie about you.” [The Volokh Conspiracy]
* After a roller coaster malfunction killed a passenger, Six Flags responds by pointing the finger at someone else. They didn’t design or build the ride… they just bought it, promoted it, operated it, and profited off it, but they did not design or build it. [Houston Chronicle]
* At oral argument, Justice Scalia ripped a lawyer for thinking the Fourteenth Amendment was designed to protect minority rights against a white majority. As Scalia notes, “that was the argument in the early years…. But I thought we rejected that.” Leave it to Justice Scalia to point out that no one makes decisions based on the publicly known original intent of the drafters of constitutional provisions from 150 years ago. That would just be silly. Now, if we’re talking 200 years ago… [Josh Blackman's Blog]
* A Texas judge is reprimanded for trying to pull strings for a friend. Unfortunately, it seems like he’s also really bad at pulling strings. [Legal Juice]
* Mitchell Silberberg & Knupp has started a fashion industry law blog. Ooh Law Law. Oh, I see what you did there. [Ooh Law Law]
* Judge Posner, who authored the decision that framed the entire voter ID debate by casting doubt that the laws could be used to disenfranchise voters, tells HuffPo Live’s Mike Sacks that he was completely wrong. Judge Posner explains that events have confirmed that voter ID laws are really all about disenfranchising poor and minority voters. Ever the empiricist that Posner guy. Full video after the jump… [New York Times]
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
* President Obama joins the chorus calling for an end to the 3L year. But when will students take all those Law and “Running a Massive Domestic Spying Operation” seminars? [Buzzfeed]
* At the end of this HuffPost Live clip, Elie suggests anti-gay clergy should unsubscribe from the Bravo network. Seems unfair to those who enjoy watching “Real Housewives of the Provo Tabernacle.” [HuffPo Live]
* Scottie Pippen and Horace Grant formed a dominant NBA Jam team. But without Grant, Pippen got dismantled by the duo of Easterbrook and Posner (and Williams). [FindLaw]
* Jim Beam has resuscitated Seinfeld attorney Jackie Chiles in a new ad campaign about suing bears for stealing honey. It mkaes slightly more sense when you see the whole ad. Slightly. [Hollywood Reporter]
* Judge E. Curtissa Colfield seems to have gotten a little drunker than she thought the other night and started berating cops. Maybe drinking is why she had that problem getting those decisions issued on time. [Legal Juice]
* Is rapping about crime probative to charges of committing a crime? Both the majority and dissenting opinion are worth a read. [Las Vegas Law Blog]
* Speaking of…. Taking the Notorious R.B.G. label seriously, here’s some SCOTUS-themed lyrics to Biggie’s Juicy. Embed after the jump….
Burn anything that Bryan Garner has written. He really knows his stuff, but Strunk and White’s The Elements of Style said it all. Besides, Garner, Scalia, and Posner pissed me off when they got into a juvenile cat fight over a book about rules. Not to put too fine a point on it, but I am the only one who is permitted to act like a spoiled brat.
* Dear professors, please try to understand that most people who experience normal, human emotions are more concerned with the future of American law students than they are with whether or not American law schools can survive by bilking the hell out of foreigners. [PrawfsBlawg]
* In Canada, they raided somebody’s Super Bowl party to bust up an illegal gambling ring. They never would have done this during the Grey Cup. [CTV News]
* Apparently some kind of law something happened on Downton Abbey last night? I missed it, because staring at a dark stadium is literally more interesting than that freaking show. [Law and More]
* Thomson Reuters is getting out of the academic book publishing business. If only law professors would do the same thing. [TaxProf Blog]
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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