Judge Posner at ACS panel: For my home equity loan, I got 100s of pages of documentation; I didn’t read, I just signed. #ACS10#Posner#LOL
This generated laughter from the crowd, due to Judge Posner’s status as one of the greatest legal minds of his (or any other) generation. It was amusing to imagine the brilliant Posner flipping page after page of paperwork and mechanically scribbling next to every “Sign Here” flag, without even bothering to read what he was signing. It’s the kind of behavior one would expect from a person earning $35,000 and a buying a $600,000 home two hours outside of Phoenix, circa 2006 — but not from one of America’s leading jurists.
As it turns out, Judge Posner isn’t the only boldface name of the legal profession who skips over the fine print in form contracts….
What if Supreme Court nominees didn’t have to defend themselves to the American public? What if the U.S. Senate’s constitutional privilege of “advice and consent” was revoked? What would the Court look like if the nominees didn’t have to even pretend to be moderate?
It’s a thought experiment that we’re sure has been done countless times before. But we’ve never done it, so we’ll plunge ahead.
Here are the rules: (1) The nominee should be unconfirmable. (2) The nominees on the right should make Elie angry; the nominees on the left should make Lat uncomfortable. (3) Mealy-mouthed moderates need not apply.
If you’re tired of reading about the Harvard Law School email controversy — judging from our traffic and comment levels, most of you aren’t, but maybe some of you are — we have some good news. Our coverage is winding down. (We do have a few loose ends to tie up, though, which may take us into the weekend or early next week.)
Before we conclude, we’d like to hear from you, our readers. We’ve heard from the commenters, of course — but many readers never comment, so the commenters aren’t representative of everyone.
Reader polls, which draw much larger participation than the comments, offer a better gauge of audience sentiment. We’d like to poll you on two questions:
(1) Was Crimson DNA’s email racist?
(2) Was Crimson DNA’s email offensive?
Please vote in our two reader polls, after the jump.
Should Judge Richard Posner leave the Seventh Circuit and run for president? He certainly has the beginnings of a platform.
And, despite some possible leftward drift, Judge Posner’s tendencies still seem to point in a libertarian direction. From The Atlantic:
1. Remove all limits on the immigration of highly skilled workers, or persons of wealth. (This should be done gradually, so as not to increase unemployment while the unemployment rate remains very high.)
2. Decriminalize most drug offenses in order to reduce the prison population, perhaps by as much as a half, which will both economize on government expenditures and increase the number of workers. (Again and for the same reason, phase in gradually.)
3. Curtail medical malpractice liability, which increases medical costs gratuitously (because the courts are very poor at identifying actual malpractice) and, more important, engenders a great deal of very costly, and largely worthless, “defensive medicine.”
Is the customer always right? In the legal profession, not necessarily. As a lawyer, sometimes your job is to talk some sense into your client — and to refuse to move forward if your client, ignoring your advice, orders you to prosecute frivolous (or borderline frivolous) litigation.
Perhaps this lesson needs to be learned by Kirkland & Ellis. The super-prestigious firm, known for its world-class litigation practice, recently got benchslapped by the Seventh Circuit. From Judge Posner’s opinion:
[T]he defendants’ motion for sanctions should not have been denied. The plaintiffs’ lawyers [at Kirkland] may secretly agree, for they make no attempt to counter the arguments for sanctions made in the defendants’ brief even though the district judge denied the motion without explanation. They follow suit by merely asking us, without explanation, to affirm the denial.
The motion complained that Carr is harassing the defendants with repetitive litigation, including a suit — this suit — that borders on the frivolous, even though he is an immensely successful lawyer represented on appeal by one of the nation’s premier law firms, Kirkland and Ellis, as well as by his son Bruce Carr of the Rex Carr Law Firm, which the plaintiff formed after the break-up of his old firm.
At least Judge Posner referred to K&E as “one of the nation’s premier law firms.” Slap that up on the Kirkland website?
* Judge Richard Posner of the Seventh Circuit has turned Keynesian. [New Republic via Blackbook Legal]
* ‘Law & Order’ will tie ‘Gunsmoke’ this year for longest-running prime-time drama on television, but Dick Wolf is annoyed to have to move aside for Jay Leno. [Los Angeles Times]
* What’s the point of law firm deferrals? Written with lots of “expert sources” in the form of Daniel Indiviglio’s lawyer and law student friends. [Atlantic]
* Did you hear? The worst of the recession is over for law firms! [Law Society Gazette via ABA Journal]
* ACORN has filed a $2 million lawsuit against two conservative activists who secretly filmed its employees giving a pimp tax advice. ACORN says the video violates Maryland’s Wiretap Law. That’s nuts! [Courthouse News Service]
* There’s a deep bench at Harvard Law to fill Kennedy’s Senate seat. [ABA Journal]
We’ve written before about Hal Turner, the infamous internet radio host who has been charged with threatening three federal judges. This week brings new information about him, from Wired:
A notorious New Jersey hate blogger charged in June with threatening to kill judges and lawmakers was secretly an FBI “agent provocateur” paid to disseminate right-wing rhetoric, his attorney said Wednesday.
Hal Turner, the blogger and radio personality, remains jailed pending charges over his recent online rants, which prosecutors claim amounted to an invitation for someone to kill Connecticut lawmakers and Chicago federal appeals court judges.
But behind the scenes the reformed white supremacist was holding clandestine meetings with FBI agents who taught him how to spew hate “without crossing the line,” according to his lawyer, Michael Orozco.
Unfortunately for him, Turner can’t blame the FBI for the comments that got him in trouble with the law. His claimed involvement with the Bureau ended in 2007, and his alleged threats against the Seventh Circuit judges were made in 2009.
More discussion about Turner’s case — plus comment from one of the threatened jurists, Judge Richard Posner — after the jump.
Rejoice, wedding fans! We have some compelling mid-summer material for you this week: Wachtell, SCOTUS, lesbians, French nobility — read on for the details on all of that and more, as reported in the New York Times and filtered by us.
Our finalist couples:
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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