What do you get when you put the three smartest judges on the Seventh Circuit — Frank Easterbrook, Richard Posner, and Diane Wood — on the same panel?
In this case, something weird. Very weird. It’s amusing to imagine this trio of legal geniuses wrapping their minds around such a bizarre fact pattern. Questions Presented:
(1) How can you tell when a gay co-worker is cruising you at the urinals?
(2) Is he checking you out — or does he just have a lazy eye?
Adrienne graces the cover of the current issue of Barstool Sports. We are not familiar with this publication, but we are advised that it is “a prestigious biweekly magazine.”
In our opinion, the cover photograph isn’t even the best picture of this comely young lawyer-in-training. We think this shot and this one are both superior. To review Adrienne’s photo gallery for yourself, click here.
Adrienne — who will be making an appearance next Thursday, March 15, from 9 to 11 p.m., at an establishment called “Whiskey’s” — is studying for a JD. But based on her interview, it sounds like she’s also pursuing her MRS….
A quick follow-up to yesterday’s post about Judge Richard Posner’s opinion in the “Giftes” free speech T-shirt case.
Thanks to the commenter who brought the two drawings in the opinion exhibits to our attention. We reprint them after the jump. And we look forward to seeing them in the august pages of the Federal Reporter.
A detailed excerpt, plus a link to the full opinion, can be accessed here (via How Appealing). Money quote:
[T]he picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child’s talentless infantile drawing which Brandt’s design successfully mimics. Otherwise every T-shirt that was not all white with no design or words… would be protected by the First Amendment, and schools could not impose dress codes or require uniforms without violating the free speech of the students, a proposition sensibly rejected in the Blau case.
“[T]alentless infantile drawing”? Judge Posner, that was way harsh.
You had to rule against the plaintiffs based on the caselaw; fine. But did you really have to insult their artistic abilities? Kids are like district judges: their feelings are easily hurt.
(If you’re not familiar with this bizarre but amusing litigation, read our earlier post, available here.) Rulings of Note from the Seventh Circuit [How Appealing] Earlier: Lawsuit of the Day: Gifties v. Tards
Four years ago, the “Gifties” of Beaubien School lost in the principal’s office. Then, this class of gifted eighth-grade students lost in U.S. district court.
Undeterred, Thursday the group went before one of the highest courts of the land, arguing their principal violated First Amendment free speech rights when he punished them for wearing T-shirts with the word “Gifties” on them.
“There’s a certain point when you have to stick up for your rights,” said Michael Brandt, one of 24 gifted students who sued their principal and the Chicago Board of Education. His mother, Irene Dymkar, is representing the students in the class action lawsuit.
At oral argument, Judge Richard Posner sounded unsympathetic to their cause:
“Why do people bring lawsuits for such trivialities?” Judge Richard Posner, a notoriously tough jurist, asked Dymkar during a three-judge hearing of the U.S. Court of Appeals for the 7th Circuit Thursday. “Have they been harmed, these ‘Gifties’?”
“Trivialities”? C’mon, Judge Posner — have a heart! Surely you, a genius among geniuses, should be sensitive to the plight of “gifties.”
Chicago Public Schools lawyers say Kotis was protecting the kids from possible attacks by regular education students. They argue there were tensions between the groups and Kotis had outlawed the word “gifties,” as well as “tards,” used to refer to regular education students….
The gifted students claim there was no safety issue.
* Having your cake — and screwing it, too? [Overlawyered]
* If your cake contains trans fats, Judge Posner — who’s rumored to enjoy grapefruit for dessert — will take it away from you, and dump it in the trash. [Becker-Posner Blog]
* Marty Lipton’s theory of executive compensation: “I make tons of money, and I’m just the hired help. So client CEOs should make even more!” [Reuters]
* Chief Justice John Roberts: the boy who cried “constitutional crisis”? [Slate via How Appealing]
* This is lame. If everyone’s a name partner, then no one’s a name partner. [WSJ Law Blog]
* We suspect that the percentage of bad bosses is higher in the legal profession. Lawyers aren’t trained to be managers. And suck at it. [Workplace Prof Blog]
* The New York Court of Appeals: some tricky picking for Eliot Spitzer. [Judicial Reports]
* It’s about time that we had a litigatrix in the White House! [New York Times]
As previously mentioned, we’re on a reduced publication schedule this week. We’ll be doing a daily news round-up (and maybe a few other random posts here and there). We’ll return to our normal diarrhea of the keyboard publishing schedule on January 2.
* Civil libertarians, just raise the white flag. The Justice Department knows what you’re doing RIGHT NOW. [Washington Post]
* His father always knew there was “something special” about Judge Frank Easterbrook. And litigants who have appeared before FHE feel the same way. [Buffalo News via How Appealing (of course -- no offense, but we aren't regular readers of the Buffalo News)]
* In other Seventh Circuit news, Judge Richard Posner delivers remarks about maritime law to an audience of supermodels. We swear we’re not making this up. [Washington Post]
* Following up on our prior report, here’s a clear sign that Chadbourne & Parke partners don’t have enough business. [WSJ Law Blog]
* If McDonald’s french fries never taste the same, blame it on the anti-trans-fat legislation. [UPI]
* Complications of diabetes: not just medical, but law-related, too. [New York Times]
* If you’re a judge with unfulfilled literary aspirations, try writing something safe and non-controversial. Ideally it should be something nobody would want to read. We suggest a pop-up book about the Federal Rules of Bankruptcy Procedure. [St. Louis Post-Dispatch via How Appealing]
* Even more fun than charades: take Peter Lattman to a party, start reading out random newspaper headlines, and challenge him to find a legal angle to the stories. [WSJ Law Blog]
[T]he lawyers have wasted our time as well as their own and (depending on the fee arrangements) their clients’ money. We have been plagued by the carelessness of a number of the lawyers practicing before the courts of this circuit with regard to the required contents of jurisdictional statements in diversity cases.
It is time, as we noted in BondPro, that this malpractice stopped. We direct the parties to show cause within 10 days why counsel should not be sanctioned for violating Rule 28(a)(1) and mistaking the requirements of diversity jurisdiction. We ask them to consider specifically the appropriateness, as a sanction, of their being compelled to attend a continuing legal education class in federal jurisdiction.
Ouch. But query whether forced attendance at a CLE class on federal jurisdiction constitutes “cruel and unusual punishment” under the Eighth Amendment.
Continued commentary, after the jump.
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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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