In a recent post about Peter Barta, the Legal Aid lawyer who allegedly videotaped his female colleagues as they were getting undressed, we ranked on policy debaters.
Maybe we should take it back. From a highly informative reader email:
Not all former policy debaters are creeps. Here’s a list of former policy debaters who are current or future legal rock stars:
Justice Samuel Alito, Judge Merrick Garland, Larry Tribe, Louis Kaplow, Erwin Chemerinsky, NYU President John Sexton, Jonathan Massey, David Boies, Tom Goldstein, Rebecca Tushnet, Annie Kastanek (OT 2007/Kennedy), and John Hughes (OT 2005/Thomas; pictured at right, captured in mid-debate).
Former policy debaters, please accept our apologies. We did extemp and L-D debate in high school, and we generally viewed C-X debaters with suspicion. They struck us as kids who talked reallyreallyfast, warning constantly of nuclear war. But maybe we were wrong.
To paraphrase the “ignorant tipster” from the Oona O’Connell story: “We feel kind of bad that we prejudged them. Sorry to sound like an afterschool special. But you know what? Perhaps we learned a lesson today. Good on you. ‘The more you know.'” Earlier: Reading the Bartameter (Part 3): What Is Up With Those Policy Debaters?
They prefer crack, thank you very much.
Because why else would the justices rule against noble, crusading students, and in favor of the mean old school officials, in Morse v. Frederick — aka the “Bong Hits 4 Jesus” case?*
But free speech proponents shouldn’t despair. Over at SCOTUSblog, Marty Lederman notes:
Morse is a very limited holding — essentially limited to the drug context. The Alito concurrence, joined by Kennedy, is controlling. He writes:
I join the opinion of the Court on the understanding that (a) it goes no further than hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as ‘the wisdom of the war on drugs or of legalizing marijuana for medicinal use.’”
In other words: Hey liberals, this Alito guy might not be as bad as you thought.
* As we previously observed, petitioner Deborah Morse, one of the prevailing school officials, is “a curvaceous, dark-haired beauty.” But we would hope that Supreme Court justices would decide cases based on the merits, not on the attractiveness of the parties.
Of course, sometimes both factors point in the same direction. See, e.g., Marshall v. Marshall — the Anna Nicole Smith case. Quick Preliminary Notes on Hein and Morse [SCOTUSblog]
Stone, a former chairman of a state bar committee on federal practice and procedure who handles a wide swath of issues, including insurance, RICO, real estate and ethics, has been practicing for 20 years. He’s now a partner at the Roseland firm of Walder Hayden and Brogan.
We’ve received some news about Supreme Court law clerk hiring for October Term 2008 (not the upcoming Term, but the one after that):
1. We had heard, through the grapevine, that Justice Antonin Scalia had started his OT 2008 interviewing earlier than usual. And it appears to have yielded at least one hire: Yaakov Roth (Harvard 2007 / Boudin).
Rumor has it that Roth has one of the highest GPAs in the history of Harvard Law School. So presumably he’s graduating summa cum laude — which happens once in a blue moon at HLS.
2. Justice Samuel Alito continues his trend of hiring from the ranks of his former Third Circuit clerks. Jack L. White (Pepperdine 2003 / Alito) will be reunited with his former boss for 2008-2009.
If you have more SCOTUS clerk hiring news to add, please email us (subject line: “Supreme Court clerk hiring”).
A list of OT 2008 law clerks thus far, combining what we’ve just learned with information currently reflected on Wikipedia, appears after the jump.
We’re a little late on this (and blame our tardiness on associate pay fixation). But here are two interesting tidbits of Supreme Court gossip, from Tony Mauro of the Legal Times:
1. Carter Phillips’ Kin Is Alito Clerk [Legal Times]
One of Justice Samuel Alito’s incoming clerks, Jessica Phillips — who has been described as “beautiful and brainy” — is the daughter of renowned Supreme Court litigator Carter Phillips. This means that Jessica “will have no involvement in cases in which her father’s firm, Sidley Austin, participates” — which has ranged as high as 20 percent of the Court’s docket.
(Btw, Jessica Phillips is not the first female clerk whose father also clerked for the Court. Mauro ticks off a list of five daughters of male clerks who went on to become clerks themselves. Check it out here.)
2. New Job for Mrs. Roberts [The BLT: The Blog of Legal Times] More on Jane Roberts’ New Job [The BLT]
Lawyer Jane Sullivan Roberts, the wife of Chief Justice John Roberts Jr. has a new job — and it’s not at a law firm. The leading legal search firm Major, Lindsey & Africa announced this morning that Mrs. Roberts is leaving Pillsbury Winthrop Shaw Pittman’s D.C. office to become leader of the In-House Practice Group in Major, Lindsey & Africa’s D.C. office.
Inquiring minds want to know: Will Jane Roberts continue to earn more than her husband in her new position?
(That was surely the case in her old job, when Jane Sullivan Roberts was a partner at Pillsbury Winthrop. Even though her most recent post at the firm was Executive Partner for Talent Development, which probably didn’t involve a lot of client-billable work, it would be shocking for a Biglaw partner to earn less than her hubby’s $212,100 salary as Chief Justice.)
This just in from One First Street. The Associated Press reports:
The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long- awaited victory they expected from a more conservative bench.
The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman’s constitutional right to an abortion.
The opponents of the act “have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases,” Justice Anthony Kennedy wrote in the majority opinion.
The decision pitted the court’s conservatives against its liberals, with President Bush’s two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.
This ruling lends support to those who predict — like Jan Crawford Greenburg, in Supreme Conflict — that Chief Justice John Roberts and Justice Samuel Alito will move the Court significantly to the right in the years ahead. Before Justice Alito replaced Justice Sandra Day O’Connor, a decision like this one would have required the conservatives to secure TWO swing votes, AMK and SOC, instead of just one. That frequently doomed the conservatives to defeat in the big-ticket cases.
So Justice Alito, appointed to the Court by President Bush, probably made all the difference here. As Senatrix Barbara Boxer recently observed: “Elections have consequences.” Update: For more detailed commentary, check out Lyle Denniston’s SCOTUSblog post, which quotes extensively from Justice Kennedy’s majority opinion and Justice Ruth Bader Ginsburg’s dissent. To read the opinion itself, click here (PDF). Court Backs Ban on Abortion Procedure [Associated Press] Court upholds federal abortion ban [SCOTUSblog] Gonzales v. Carhart (PDF) [SCOTUSblog] Senator Boxer: Elections Have Consequences [YouTube]
Next time you hear a cell phone go off in a movie or at the theater, and think to yourself, “What an a**hole!”, remind yourself: Someday YOU might be that a**hole.
Watch this video, from the start of the Harlan Fiske Stone Moot Court finals, which we attended at Columbia Law School earlier this week. Pay special attention to what happens around the 18-second mark:
Yes, that’s right. The judges entered the room, their robes billowing out behind them. The court crier made the very formal and grandiose announcement: “Oyez, oyez…” The room fell into a solemn silence. And then, at that precise moment, our computer — which was in the process of turning on — made that annoying Windows start-up noise. Loudly.
One could feel a wave of horrified embarrassment sweep through the audience. Justice Alito chuckled, so hopefully he wasn’t too offended. But we were mortified (and rightfully so).
In our defense, this was a complete accident. We were in the process of setting up and turning on our computer, and we didn’t know when exactly the judges would be arriving. We turned our computer on, and it began the start-up process (which can take a little while). Unfortunately, just seconds after we turned it on, the judges made their entrance. And even more unfortunately, as the silence settled over the room, our computer made that colossally loud cyber-fart.
In any event, our apologies, Your Honors! Please do not blame the CLS audience for this rudeness. It was completely our fault.
We took some rough notes on the proceedings. They will probably interest you only if you attended the Moot Court finals yourselves. Or if you care about the hairstyles of Article III judges.
If you want to see our commentary, it’s available after the jump.
Yesterday afternoon, we attended the Harlan Fiske Stone Moot Court finals, at Columbia Law School. We interviewed the four finalists prior to the arguments.
Here’s our interview with Eric Chesin and Geoffrey Reed:
And here’s our interview with David Gringer and Patrick Somers:
After impressive arguments, and deliberation by the distinguished panel — Justice Samuel A. Alito, Judge Susan P. Graber, Judge Brett M. Kavanaugh, and Judge Sonia Sotomayor — the best oralist prize went to Eric Chesin. Congratulations, Eric!
[Ed. note: ATL will be on a pretty laid-back publication schedule today. It's Good Friday, the markets are closed, and many folks are probably traveling for the holiday weekend. We will be posting, but not at our regular pace.]
* Stevens’s key role. [USA Today via How Appealing]
* Surveillance laws outdated? He’s probably referring to all of those pesky constitutional protections. [Jurist]
* Dude. You gotta make sure you’re getting the right one when you’re messing with the huevos. That’s just not cool. Not cool at all. That guy deserves a bazillion dollars. [CNN]
* Lawyers and golf. [WSJ Law Blog]
* Fartman loses on appeal. [Andrews Publications via FindLaw]
* Belated birthday greetings to Justice Samuel A. Alito, Jr., who turned 57 earlier this week. [How Appealing]
As reported last month by The BLT and Roll Call (subscription), Justice Samuel A. Alito, Jr., and his wife, Martha Alito, are selling their million-dollar New Jersey home. Here’s the listing.
But if you were hoping to purchase a piece of history, you’re probably out of luck. The judicial manse appears to be under contract.
That won’t stop us, however, from engaging in a little ogling. Here’s what the listing originally looked like, before the photographs were removed:
More about this supremely appealing residence, after the jump.
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.