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.
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.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.